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Now that my lawyer is disbarred can i sue him for stealing the money out of the settlement?

Cedar Falls, IA |

my attorney stole money from my settlement and used it for his personal matters can i sue him for that money and they money paid to him? i wrote a complaint to the bar and they revoked his license. i dont know what my next step is in trying to get my money back?

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Attorney answers 5

Best Answer
Posted

There are statutes of limitations for lawsuits, and if Iowa has a client protection fund, there may be a time limit of when you can apply for an award. It is very unlikely that your former lawyer's insurance would cover him for theft. Moreover, attorneys who steal money from clients rarely have insurance in the first place. You need to speak to a lawyer who is kowledgable about attorney-client disputes, and do so immediately.

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Posted

you should retain the services of a malpractice lawyer to sue your lawyer. from the very minimal description it appears that you have a claim for theft, conversion as well as possibly malpractice. further your lawyer may be able to assist you if the iowa bar has a fund to reimburse clients that have had funds stolen from them by their attorneys.

without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed.

Posted

Hire an attorney and file a malpractice type suit against him. He probably had insurance.

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. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Malpractice insurance covers damages caused by negligence but not by intentional misconduct. If the lawyer negligently mishandled the funds, the insurance company may be involved in making the client whole. If the lawyer intentionally converted the funds, that's not negligence and may be excluded under the policy.

Posted

You should be able to sue the lawyer, but a pertinent question is whether you can actually recover the money from him. You might start your inquire with the agency that disbarred the lawyer to see if he was ordered to pay you restitution, and then seek out a local attorney to evaluate whether to sue the first lawyer.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

how would i go about finding the agency??? i filed a complaint and never heard from anyone again? where would i also look for statue of limitation

Posted

Contact an attorney who handles legal malpractice claims.

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