Is an accusation against at attorney a litigation?

Asked over 2 years ago - Los Angeles, CA

If you file an accusation against an attorney in the Supreme Court who stole money from you and several other "clients" (and then said attorney tried to sue said "clients" for more money) is that considered a litigation for the purpose of vexatious litigation statutes? Why or why not? I thought the part of the purpose of an accusation is to make public an attorney's bad behavior?

Additional information

It was not an original action filed in Supreme Court. The attorney tried to sue 6 clients in small claims court for "fees". Complaints were filed with State bar by several people, and some were heeded and some were not. The persons whose complaints were not heeded by the State Bar, are given the option to file an accusation against the attorney in the California Supreme Court, as direct by the California State Bar. So I did know what I was doing, and did not do anything improper per the instructions of the State Bar. In short, if the State Bar decides to not take action against the attorney from a complaint they receive, they send you a letter stating that you have 30 days or so to file an accusation with the Supreme Court.

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with Mr. Doland. Also, an action (accusation against an attorney) in the Supreme Court is litigation.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Herb Fox

    Contributor Level 16

    4

    Lawyers agree

    Answered . You write that you exercised your "option to file an accusation against the attorney in the California Supreme Court, as direct by the California State Bar." I have been practicing law for over 25 years and I have never heard of such an "option" when the State Bar decides not to pursue a complaint against an attorney.
    What is true is that an attorney who has been disciplined as the right to direct review of that proceeding by the Supreme Court.
    But I don't claim to know everything, and if I am wrong I would love to learn more. Do you have authority for the "option" that you describe?

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  3. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . Filing an original action against an attorney in the Supreme Court? You are very much on the wrong track which may account for why you have been adjudicated as a vexatious litigant.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more

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