QUESTION
I was awarded $85,000. My attorney disbursed $16,775 to me and kept the balance. Do I sue for legal malpractice or is this a civil case?
Asked on Aug 13th, 2012 on Civil Litigation - Tennessee
More details to this question:
I hired the attorney for a wrongful death suit. I have filed 2 complaints with the Board of Professional resposibilties, which is why he disbursed some of the money. He ,in fact closed his office. A petition for disciplinary action has since been filed by the BOPR. I was able to locate him, and have been led on yet another wild goose chase by his legal assistant for the balance. I have contacted TN lawyers fund for client protection and the District Attorneys office. I am still waiting for responses. I am unsure as to what kind of case I have. Is it a civil litigation or a legal malpractice? I feel that he should be criminally charged, as he shirked his judicial responsibility and clearly stole the money I was awarded. I have not hired an attorney as I''m not sure what kind of case I have. I am understandably reluctant to put my trust into another attorney without knowing exactly what I will be facing. Thank you for your time and any help you can offer.
1 ANSWER
A claim for legal malpractice IS civil litigation; malpractice by itself is not a crime, although the same facts giving rise to a claim for malpractice could also constitute a crime, here theft. Based on the facts as you've presented them, you may also have other civil claims, including fraud, conversion (theft), breach of contract, and breach of fiduciary duty.
It may be that you can get this attorney charged with a crime , but that is not a claim which you would bring. A criminal case is brought by a district attorney (or the equivalent, the title might not be the same in all jurisdictions) on behalf of the state. If you want the attorney to face criminal charges, contact the local district attorney.
I assume that your agreement with the attorney was for a standard percentage, often 1/3. You should know that this is 1/3 AFTER DISBURSEMENTS. For example, if money is owed for private investigation services or a court reporter, or the attorney has advanced money to pay for such expenses, the money to pay them would come "off the top" of any amount you were awarded. Thus, if you received an award, or settled, for $90,000, but still owed $15,000 to pay a private investigator, a court reporter, and an expert witness, you would be entitled to $50,000 (2/3 of $75,000), not $60,000 (2/3 of $90,000).
Answered on Aug 14th, 2012 at 5:27 PM