I went to a loan mod company , and $ 6000 dollars was taken from my credit card . Not one thing was done . I sued the atty that's name was on my bank acct . He continues to say his name was stolen , fraud and he takes no responsibility . Well , he worked for the company 2 - 3 days , set up a credit card fee payment acct with 1st Data Card , NEVER CLOSED IT , he left the company , knowing they were stealing from clients . Is it not his responsibility to have closed this ? Ex if you have a bank stamp with your signature and checks around and someone uses them , is it not your responsibility ? He is a atty and CPA and should have known better . If he had disconnected , money would not be taken out in his name . Is this a ethics violation ?
If he really committed fraud it is an ethics violation, if it was a mistake or his name really was stolen than it may or may not be. Contact the NY Bar association if you have a problem with the attorney. They will investigate your complaint and give the attorney the opportunity to respond. Ultimately they will decide if it is an ethics violation. You are wasting your time asking attorneys on this forum to determine if it is or isn't.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
As Nicklaus has suggested, a more proper forum to determine if it was an ethics violation would be through a state bar complaint. There just aren't enough facts here to be able to give a 'yes or no' because the standards are a little more fact-based and intensive on the analysis beyond "he should have known better."
Best of luck
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I agree with my colleague on the fact that you need to contact the bar association and have the attorney answer the complaint. The appointed committee will determine if there was any ethic violation.
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