QUESTION
What is my unethical legal conduct against an attorney?
Asked on Sep 07th, 2013 on Bankruptcy - New Jersey
More details to this question:
I loaned an individual $50,000.00 on 2/2012. This individual's attorney arranged the loan with my attorney for their client. Six months later the individual declared bankruptcy. The same lawyer who represented the individual during the loan process is also handling the bankruptcy.
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will need to talk to the attorney who represented you to see if there was any unethical conduct.
Answered on Oct 31st, 2013 at 7:29 AM
Your only remedy is through the bankruptcy court and challenging the discharge of debt by the proscribed deadline.
Answered on Sep 16th, 2013 at 5:44 AM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
There is nothing unethical about what the other lawyer did unless you can prove the lawyer knew the client intended to default the loan and declare bankruptcy. If that were true you could also have the loan declared non-dischargeable. Hard to guess if that could be proved.
Answered on Sep 10th, 2013 at 12:18 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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Well there is nothing that would prevent an attorney from representing his client in different cases. Arguably if he knew his client wasn't going to pay back the loan he might have ethical issues but generally speaking it is his job to help his client and your attorney should do the same for you. Of course it is also possible that when the loan was taken out the borrower and his attorney thought it would be repaid but things went badly in the last six months.
Answered on Sep 10th, 2013 at 12:11 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Probably not, unless there was some sort of fraudulent misrepresentation that he was part of. Did you have your attorney do a "Due Diligence? "
Answered on Sep 10th, 2013 at 12:08 PM