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Is an accusation against at attorney a litigation?

Los Angeles, CA |
Filed under: Litigation

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?

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

Posted

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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

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

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Posted

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?

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Posted

I have to look for the letter, but 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.

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