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Attorney that prepared estate planning documents has been disbarred by WA state bar association, what happens to his files

Asked over 3 years ago - Seattle, WA

I just found out that the lawyer who prepared my parents' trust in 1993 was disbarred in 2006. My father died in 2005, and the lawyer was a great help in dealing with the IRS, banks, etc. My mother has now passed away. The trust stated that the lawyer was committed to providing 'no-cost consultation' after the deaths. I am unable to contact this lawyer. After disbarment, is a practice normally transferred to another lawyer or law firm? What happens to the files? How do I go about finding out this information?

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Attorney answers (3)

E. Alexandra Golden

Reputation Level 15

Answered over 3 years ago. Elder Law Attorney in Needham, MA.

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Unfortunately, since the lawyer has been disbarred, he is not allowed to provide legal advice to you or to anyone else.

Start by calling the Washington State Bar Association Disciplinary Board at (206) 727-8280. They are responsible for lawyer licensing and discipline in your state. They will advise you about your state's procedures and may be able to ttell you where your family's files may be stored.

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David Carl Beyersdorf

Reputation Level 13

Answered over 3 years ago. Personal Injury Lawyer in Fresno, CA.

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The no cost consultations are gone. Since the lawyer is disbarred, he is prohibited from fulfilling that end of his deal with your parents. You need to find another attorney to work with. He or she can likely track down the documents. Try The Law Offices of Hal J. Geirsbach in Federal Way. This is right up their alley. (253) 839-3131.
Good Luck

David C. Beyersdorf
Lee & Beyersdorf, Llp
2110 North Winery Avenue, Suite #101
Fresno, Ca 93703
(559) 252-7000

WWW.FRESNOLEGAL.NET

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Samuel Joseph Mamola

Reputation Level 8

Answered over 3 years ago. Estate Planning Attorney in Irvine, CA.

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I can only speak to California, but your state's Bar may have a similar procedure:

In California, when an estate planning lawyer dies, is disbarred, or ceases practice, the State Bar takes control of the attorney's files, and holds them for safekeeping in the event a past client should need them in the future.

I would contact your local State Bar office and ask them if they have a similar policy.

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