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How do I collect an arbitration award from a corrupt attorney who claims that he might go bankrupt or leave the country?

Asked almost 3 years ago - Oakland, CA

I was at one time represented by an attorney who turned out to be quite unethical, greatly overcharging me for various tasks. We went through binding arbitration and I was to be awarded everything I requested, about $10k. He subsequently filed a Petition against me, claiming the Arbitrator was very biased and exhibited professional misconducted during the hearing (untrue, but the only narrow grounds upon which he could potentially avoid paying, given that the arbitration was binding).

I subsequently spent about $3k in legal and filing fees (consulting with another attorney to file a Response to the Petition). Several attorneys with whom I have spoken say that I will probably win my case since his arguments are poor and he has no proof of misconduct or bias on the Arbitrator's part. However, going to court would incur additional fees, especially if I retain my consulting attorney and cease to be Pro se.

I have suggested to the corrupt attorney that we settle (requesting as much as possible of the $13k award + legal fees), but he has offered only about $3k, claiming that he has no money with which to pay his bills and might go bankrupt, especially if he is temporarily suspended from practicing law (there is a serious pending case against him in the State Bar -- he has done other corrupt things). He also says he might leave the USA, going back to his original country.

I don't believe that he is so destitute (he is an incessant liar), but I can't prove it. Moreover, he rents a house and leases a car, so he has no clear assets, at least not to my knowledge. I've asked for his bank statements but he has not sent them.

I feel like I'm being bullied; he can battle me at almost no cost other than his time, but the same is not the case for me as I know nothing about the law. I would like to get my money back, and also help bring him down, as I am a man of principle --- but I don't want to continue spending a lot of my own time, money, and emotions on this situation.

So with this background, here are my specific questions:

1) Is there any legal way I can find out his financial situation without spending money on detectives, etc.?

2) Should I just settle for $3k and chalk it up to a life experience? (I could still file a complaint to the State Bar, putting him in deeper hot water.) My legal fees are growing, and I would prefer not to lose even more, if he won't pay in any case.

3) If he responds to my Response, will I need to file yet another response, thus incurring additional legal fees in the process?

4) If I win the court case Pro se, can he simply appeal, thus prolonging the process even more and potentially increasing my legal fees?

5) If he goes bankrupt or leaves the country, is there any way I can collect from him?

6) Any other advice you can give me?

Thank you! Sorry this is so long, but I am emotionally drained by dealing with this unethical jerk. He is a despicable human being an an insult to his profession. I sincerely hope he gets disbarred so that he won't be able to continue taking advantage of unsuspecting people.

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Attorney answers (5)

Mauricio Alberto Ramos

Reputation Level 7

Answered almost 3 years ago. Chapter 7 Bankruptcy Attorney in Walnut Creek, CA.

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Wow. It's a shame that attorneys like this are out there and give the profession the reputation it has. I'm sorry you've experience this.

If he declares bankruptcy or leaves the country the short answer is no, you most likely will never collect from him because if he declares bk then his creditors in essence get put in an order by those that may have a secured debt or priority claim of some kind.

Sounds like you have a binding fee arbitration right? As with any judgments or awards the challenge lies in enforcing the judgment and so sometimes you have to spend money to get the money you are entitled too. Challenge here is that this lawyer sounds like he is doing whatever he can to drag this out. Its a pattern that he's not only created with you but apparently other clients if there is a complaint with him already through the State Bar.

How long has this been dragging out? I ask only because you are likely to spend at least the same amount of time, energy, and money in seeing this resolved (if you go after the full amount). Is he at all concerned about losing his license? We are all motivated by something and if you can find that right pressure point (i.e his license, reputation, conscious, financial well-being, etc.) then you can perhaps influence him to pay up. 3k seems low in comparison to what he actually owes you but I would encourage to consider what the best way to cut your losses (in time, money, energy) on this would be.

Best wishes.

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Stuart Alan Young

Reputation Level 8

Answered almost 3 years ago. Chapter 7 Bankruptcy Attorney in West Palm Beach, FL.

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You were certainly victimized by this attorney. Nobody deserves to be treated this way. You were quite correct in going to the bar association and filing a claim. It is very likely that this person will lose his license to practice and be unable to pay you anything. Then again the bar association may condition his reinstatement to paying you so follow up with the bar association.
You can always do an asset check on somebody and it may cost approx $50 but it sounds like you already know quite a bit about this guy.
I personally think that this litigation may be too much for you, it may be cost-prohibitive to pay another attorney to right this wrong and you may want to discontinue your litigation unless you find it personally helpful to you, (and you well may) but I would prefer to let the bar assoc handle this one.
If you can get the $3,000 I would grab it and run but I doubt that you will.
If he goes bankrupt or leaves the country you have very little (none) shot of collecting.
You may not want to hear this but I think that you are past the point of diminishing returns and need to put this behind you and let the bar assoc take over.

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Peter Robert Stone

Reputation Level 15

Answered almost 3 years ago. Debt Collection Attorney in Sacramento, CA.

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The first step is to file a motion to confirm the arbitration award in the Superior Court. Then you can obtain a judgment. Then you can look up all his cases and file notice of judgment lien on all his cases. You also can file an abstract of judgment with the county recorder and a J1 with the Secretary of state. This will do you best to perfect your judgment. These are inexpensive and fairly easy to do so make sure that they are done as soon as possible after the arbitration award is final. Perhaps the same judge who is ruling on his claim re the arbitrator can confirm you award into a judgment. Check with your local attorney right away.

peter :)

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Brian Richard Dinday

Reputation Level 16

Answered almost 3 years ago. Criminal Defense Attorney in San Rafael, CA.

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I think Mr. Stone's advice was good, but this jerk will surely appeal your judgment once you get it, and that will add a year or more to the delay. have your lawyer do an asset search on Accurint.com. It is not expensive and might show a lot. I like the idea of liening his court cases. Pick ones where he is attorney for the plaintiff, but you need that judgment entered first, even if it is under appeal. This will be your advantage. THEN the appeal delay is hurting HIM, since he can't get his money til you are paid. Be sure and notify the insurance adjuster on each such case, so they know not to pay him til your lien is taken care of.

Do your state bar complaint immediately, and make sure they have all your paperwork documenting your monetary losses. They can pressure him to pay you as well. Good luck.

Please be aware that my ideas are suggestions for you to look into. I don't know enough about your case to tell you you should or should not do these things. You definitely need a lawyer to guide you on these steps, but it may not be hopeless. What only you can determine is whether it is worth the emotional toll it is taking on you. For certain, diving into a sewer to catch a rat is not easy or pleasant. I can feel your stress.

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E. Brian Davis

Reputation Level 14

Answered almost 3 years ago. Bankruptcy Attorney in Louisville, KY.

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I agree with my colleagues' advice and am also sorry you were victimized by this "attorney."

One additional thing: if he files bankruptcy, you may have grounds to have the debt to you declared non-dischargeable due to fraud. Whether that would work is fact-specific, but it is something to think about if he files.

Unfortunately, to have his debt declared non-dischargeable in the bankruptcy, you will have to file a lawsuit within the bankruptcy, called an "adversary proceeding."

Be aware that there are strict time limits for filing such suits.

I am not licensed to practice in California and am posting general observations which may not be true in your jurisdiction. Consult with a California bankruptcy attorney for more information.

E. Brian Davis

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