The State Bar of California is taking a very dim view of lawyers who actually commit loan modification fraud. I have pasted in some text from the State Bar's webpage. Here it is: "STATE BAR TAKES ACTION AGAINST ATTORNEY LOAN MODIFICATION FRAUD MEDIA CONTACT: Diane Curtis 415-538-2028 diane.curtis@calbar.ca.gov San Francisco, July 15, 2009 – The State Bar of California and its Office of Chief Trial Counsel made clear today that it will aid in prosecution and will bring...
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Your brother has the right to have the State of California appoint an attorney to represent him on appeal (at no charge to him). The Superior Court and his trial lawyer will give him more information about how to get appellate counsel. The lawyers who accept appointed criminal appeals are very experienced in criminal appeals.
I have copied below the link to the State Bar of California and in particular how to submit a complaint about a California lawyer. As to your question about whether the lawyer has committed a breach of the standard of care, the answer depends on many facts that you have not provided in your question. Here is the link to the "complaint" page of the State Bar of California: http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10136&id=1144 Complaints Against Attorneys 1-800-...