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If a criminal/ imigration lawyer has been cited for professional misconduct in 2007, would it be a good idea to hire her.

My father has been deported, he was deported in March of 2008. He has some drug charges and was not legal. I had a consultation w/ a lawyer not knowing that the lawyer had been cited for professional misconduct in 2007. I really liked what i heard at the time of consult, im just a little concerned at this point. Would it be a good idea to keep her on the case?

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Attorney answers (6)

Reputation Level 20
Attorneys make mistakes like everyone else. Those mistakes make or may not reflect on their competence, their integrity, or both. If you liked the attorney at the consult, you should speak to them about the situation and learn what happened. You can also obtain information directly from the State Bar of California. If you still do not like what you hear, there are many other competent and honest attorneys out there. Just check this site for an immigration attorney in Santa Rosa.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Reputation Level 16
Professional misconduct could mean anything. The California State Bar disciplines lawyers for getting convicted of a DUI, even though not connected with the practice of law at all. Or "professional misconduct" could mean lying on a declaration filed in court, (so as to help his or her client). Or it could mean that he or she embezzled from the client's money in the attorney's trust fund, or a hundred other things.

So find out exactly what she did and then decide if it makes a difference to you. Some of the very best lawyers in California have had some professional discipline, and some of the worst.

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Reputation Level 8
In my experience, most lawyers strive to adhere to high standards of professional conduct. This is especially important because we deal with extremely sensitive and valuable interests of our clients. How we handle a client's case can affect their fortunes, families, children, future, and freedom. Any discipline for professional misconduct should be taken seriously and warrants an inquiry on your part (as the consumer of legal products) before you engage the attorney to handle your important matter.

The Bar association of each state strictly disciplines its own members to maintain the integrity of the profession and protect the public's interests. But discipline is just that. It is intended to correct attorney conduct so the problem does not re-occur. The Bar will suspend or disbar (remove from practice) an attorney who is unsafe to practice. If the lawyer is practicing, a single (presumably minor) discipline hopefully has permanently corrected the problem. Your local Bar Association can assist you in learning precisely what kind of conduct was found problematic and needed correcting. It may have been a one time mistake and/or completely unrelated to your kind of case. Or it may have been quite serious and relevant.

I also recommend approaching the prospective attorney directly about your concern. Perhaps his response will adequately address your concern. If it does not, you should certainly seek alternative counsel.

Reputation Level 10
You should look up the lawyer on the California State Bar's web site and see what the ethics violation was all about and then ask the lawyer to explain her side of the story.
BE CAREFUL bu civil in your dealing with the lawyer. Get a clear understanding in writing of what the lawyer is supposed to do for you and your father and what the charges for the legal work are going to be and when the money needs to be paid.

Reputation Level 10
You should look up the lawyer on the California State Bar's web site and see what the ethics violation was all about and then ask the lawyer to explain her side of the story. Small mistakes are OK if there is a good explanation. If it was a series of really bad acts then you should look elsewhere and with over 200,000 lawers in California you will have a wide choice.
If you do decide to retain this lawyer BE CAREFUL and firm but civil in your dealings with the lawyer. Get a clear understanding in writing of what the lawyer is supposed to do for you and your father and what the charges for the legal work are going to be and when the money needs to be paid.
Be a good but careful client and tell your lawyer the whole truth about your situation and expect the sam sort of honesty from your lawyer. This is not a social situation where each side needs to be concerned about the others feelings. BRUTAL honesty is best.
A lawyer can't give good advice unless he/she knows the real unvarnished truth about the facts.

Reputation Level 19
Depends totally what the discipline was for. California has a somewhat spotty reputation in even enforcement of its ethics rules. You should also ask the attorney to explain.

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