When Lawyers Go Wrong: Embezzling Funds

Whether it is a retainer, a settlement award, or funds held in escrow, the most sacred charge of an attorney is to protect and hold safe his client’s money. Unfortunately, some attorneys just can’t resist the temptation.

Take, for instance, an Arkansas lawyer who was sentenced to more than 7 years in prison and ordered to pay $8.8 million in restitution for stealing $9.3 million from an escrow fund containing proceeds from a class-action settlement. Better yet, look at a California lawyer who pocketed more than $40,000 from her client’s escrow account while he waited for his divorce to be finalized. Or what about an Attorney from Missouri? The show me state. Earlier this month he was sentenced to 5 years in federal prison for embezzling nearly half a million dollars from his clients! If you think every lawyer is above this type of behavior, think again. If you have been victimized by this type of fraud contact our office and let us take a closer look. We can help you try and get the money back. We Can Help!

Protecting Your Confidential Information In The Information Age

Legal malpractice claims don’t just involve missed deadlines or negligent legal work. Malpractice suits can also arise from a firm’s failure to protect your confidential information. Hardware and software malfunctions or improperly encrypted networks can result in security breaches that may have long-lasting effects on the firm’s clients. Just think of the potential for problems. Your lawyer has access to your social security number, your bank account numbers, your credit card numbers, and other personal information describing you and your loved ones.

If your confidential information has fallen into the wrong hands because your lawyer didn’t take the proper steps to protect this information, give us a call at 860-561-0651 or 888-sta-nger or email us at info@stangerlaw.com. We Can Help.

More Fallout From Recent ABA Survey

Another interesting tidbit released in the American Bar Association report, “Profile of Legal Malpractice Claims: 2008-2011,” involves the types of errors committed by lawyers being accused of malpractice. The report divides the errors behind the legal malpractice claims into four groups: Substantive Errors (45.07%), Administrative Errors (30.13%), Client Relations Errors (14.60%), and Intentional Wrongs (10.19%).

The good news in this report seems to be that the so-called “Intentional Wrongs” have decreased in recent years from a high water mark of 13.53% in 2007. However, when Intentional Wrongs and Client Relationship errors are viewed in the aggregate, they account for almost 25% of all claims. This means errors that are about how the lawyer treats the client (not about the substance of the relationship) still account for nearly a full quarter of all legal malpractice claims. Seems to us that lawyers should act like professionals and act in the best interests of their clients. If you’ve been wronged by a former lawyer contact our office to get more information about your potential legal malpractice claim. Can we Help?

What is Legal Malpractice?

Legal malpractice has been defined as the failure to “exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession … result(ing in) injury, loss, or damage to the (client)” (internal quotation marks omitted) Davis v. Margolis, 215 Conn. 408, 415, 576 A.2d 489 (1990).

If Talk Fails Expect Your Attorney to Take Action

In an article on our website we point out the problem that some lawyers are not really willing to, or maybe don’t have confidence in their ability to go the distance. Negotiations are great – but all to often we get calls from people who have settled their case on the recommendation of their lawyers and then afterwards wonder if they should have gotten a better deal. Settlement is great if both parties are disappointed but not rebellious. Also it is widely believed that if you have a lawyer that the other side knows will go the distance, yes that lawyer really will go to court to present a case to the judge or jury, then the other side is more likely to agree to a better deal for that lawyers client.

See our article: If Talk Fails

Lawyers May be Friendly with Each Other Even Though on Opposite Sides - But it is Still Their Job to be the Bad Guy to get the Right Deal

It is a lawyer’s job to do what is best for the client within the confines of the law. We are the gladiators. If a lawyer is friendly with opposing counsel, that is a question of style and is fine within limits. There are  situations where lawyers can be too friendly with the other lawyer. If you suspect that your lawyer is to friendly, always arguing the other side in conversations it could be you are wrong or it could be that the lawyer is not looking after your rights. Consider getting a second opinion from an independent lawyer. Expect your lawyer to be your Gladiator - http://www.stangerlaw.com/CM/Articles/Gladiator-BHSWinter2012Article.pdf

If you seriously think he or she has sold out or is just trying to get rid of you – get a second opinion. Can We Help? Call us at 860-561-0651 or 888-sta-nger or e mail us at info@stangerlaw.com.