Attorneys who "practice" their craft are in fact prohibited from engaging in certain types of mischief and misconduct

March 07, 2005

By Zelda Goldberg
Copyright AHRC News Services

Recent articles featured in publications by attorneys and others who are associated with various Southern California attorneys associations have given new hope to balancing the playing field in all Homeowner Associations.

In fact, one such article entitled "THE 17 QUICKEST WAYS TO JEOPARDIZE A BAR LICENSE" by Michael D. Marcus was featured in the December 2004 issue of ADVOCATE - a monthly journal for attorneys who are associated with Southern California Consumer Attorneys Associations.

This valuable information is a must read for all Homeowner Association residents and details 17 potential "problems" which might get any misguided or misdirected legal professional in trouble for misconduct as follows:

1. Forget a calendared date because of a disorganized office.
2. Practice in a legal area which one knows little about (resulting in
repeated, intentional or reckless misconduct).
3. Fail to communicate with a client about a significant event.
4. Fail to obey a valid court order.
5. Fail to respond to inquiries by the office of chief trial counsel.
6. Use a trust account as a general office account.
7. Fail to promptly return a client file.
8. Abandon a client.
9. Misappropriate money from a trust account.
10. Write a NSF check from a trust account.
11. Use self-help to resolve a fee dispute with a client.
12. Fail to refund unearned fees.
13. Make a misrepresentation to a Client.
14. Make a misrepresentation to a Court.
15. Fail to withdraw funds from a trust account as they are earned.
16. Enter into a business relationship with a client without written
notice of the potential conflict and receipt of a written waiver.
17. Charge an unconscionable or illegal fee.

Homeowners frequently complaint about the following:

#14. Make a misrepresentation to a Court.

#17. Charge an unconscionable or illegal fee.

#13. Make a misrepresentation to a Client.

When combined with the prohibitions against attorney misconduct as clearly are enumerated in California State Law (Business and Professions Code Section 6068 et seq.) as well as the California Rules of Professional Conduct (State Bar of California) - and ALL attorneys' ethical, moral and legal duty to be honest and truthful in their dealings with THIRD PARTIES (including adversaries) - it appears that attorneys are not in fact "above the law" as may be widely believed by those suffering and being victimized in Homeowner Associations.

Victims of unscrupulous and or misguided attorneys may find themselves well served to keep the above list handy for quick reference - if only to send the attorney a short, courtesy note perhaps suggesting that the attorney seek out the above referenced article and give its contents some deserved consideration PRIOR TO continuing down any slippery slopes.