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Insight: If you believe that your wife is having an affair with her lawyer you may report him to your state’s attorney disciplinary committee.  Most states have adopted some form of American Bar Association Model Rules of Professional Conduct Rule 1.7 (a) (2), which states that a lawyer should not represent a client if there is a risk that the lawyer will be materially limited by his own interests.  This would include a personal relationship with a client and may be grounds to force withdrawal of the attorney’s representation.

Since your divorce is not final until the divorce decree is signed by the judge, any form of adultery, may be used to your legal advantage, as long as you live in a state that recognizes fault in divorce proceedings.  If you are able to prove that your wife is having an affair with her attorney during the divorce proceedings, you will have a better chance of obtaining custody of your children and may be entitled to a larger portion of the marital assets.

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The Supreme Court of Wisconsin has suspended an attorney after finding that he engaged in unethical conduct.  In re Disciplinary Proceedings Against Kratz, a Wisconsin district attorney met with the victim of domestic abuse to discuss the case, which he was prosecuting against her ex-boyfriend.  After the meeting, the attorney and the victim exchanged personal cell phone numbers. Over the following three days, the attorney sent the woman 30 text messages, some of which contained sexually explicit language that the woman felt was offensive.

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Insight:  Unless it would have some impact on your case, your attorney is not obligated to notify you of his pending disciplinary proceedings. You are always entitled to terminate your attorney’s services and hire another lawyer.  However, if you choose to do so, you likely will not be reimbursed for services already performed.

If your attorney is ultimately suspended or disbarred, he would have to notify you that he can no longer represent you, and you might arguably be entitled to reimbursement of your retainer, since he cannot complete his representation.

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Insight: Most states have adopted some form of Model Rule of Professional Conduct 1.4, which requires attorneys to keep clients reasonably informed about the status of their legal matter and make timely responses to client’s requests for information.  The rule also obligates attorneys to provide sufficient information to clients, so that they may make informed decisions.

If you have made repeated attempts to contact your attorney, and have not received a response, you may wish to contact the division of your state’s bar that handles attorney disciplinary actions.  The bar may assist you in eliciting a response from your attorney, and may begin disciplinary proceedings if the attorney’s conduct was egregious.

In some circumstances, an attorney’s failure to communicate with a client would also constitute legal malpractice.  Failure to disclose material information to a client may also give rise to additional liability under your state’s consumer protection statute.  If you believe your attorney’s inadequate communication has adversely affected the outcome of your legal matter, you should consult a legal malpractice attorney.

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The Texas Board of Disciplinary Appeals (“Board”) has disbarred an attorney after he was convicted of conspiracy to commit wire fraud in connection with his operation of an investment scam.  In the Matter of Roger Lee Shoss, an attorney created fraudulent business entities using the names of corporation’s companies, which were still listed on the NASDAQ stock exchange, but had lost their corporate status, due to their failure to pay taxes.

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The Indiana Supreme Court has placed an attorney on probation, after finding that she withdrew unearned funds from her client trust account.  In the Matter of Jennifer L. Graham, an attorney wrote a check to herself from her client trust account in the amount of $1,100, and wrote the words “HELP ME” next to the check number in her account ledger book.  A few days later, she wrote another check in the amount of $550 with the same phrase written in the ledger.  When she presented the second check for payment, it was dishonored.  She repaid the $1,100 several days later.

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Insight: You should contact the Commission on Judicial Conduct for your state.  Each state has a different process for submitting a complaint, but a written submission describing the ethical violations accompanied by supporting evidence is usually required.

If the Commission believes that the judge has committed an ethical violation, it may begin disciplinary proceedings by issuing a complaint.  The judge will be given an opportunity to respond to the allegations of misconduct.

The Commission may reprimand a judge informally with or without a hearing, or could hold a formal hearing where evidence is presented and could recommend that the judge be publicly reprimanded, suspended or removed from the bench.  The Commission’s recommendation is usually then presented to the state’s highest court, which will render final judgment.

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The Florida Supreme Court has entered a judgment suspending an attorney for three years, after finding that he violated the Florida Rules of Professional Conduct.  In Florida Bar v. Bruce Edward Committe, an attorney filed a lawsuit on behalf of a client against a defendant, alleging that he maliciously interfered with a business relationship of the client and slandered the client.

The defendant moved for summary judgment.  The court granted the motion, holding that there was no admissible evidence to support either count of the client’s complaint.  Following a hearing on the motion, the court ordered the attorney and his client to compensate the defendant a total of $13,000 for his attorney’s fees and court costs.  The attorney subsequently appealed.

The Florida First District Court of Appeals affirmed the lower court’s decision.  After the appeal, the defendant sent two letters to the attorney requesting that he pay his portion of the judgment.  After he received the second letter, the attorney wrote to his local district attorney and claimed that the defendant was attempting to extort him.

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The Michigan Supreme Court has removed and conditionally suspended a judge after ruling that he violated the Code of Judicial Conduct.  In the matter of Wade H. McCree, a judge was presiding over a case regarding the nonpayment of child support.  While the case was ongoing, he began a sexual relationship with the petitioner, who was the mother of the child.  He continued to oversee the matter, and sent her private messages about the case.  He later recused himself, but did not disclose the relationship as the reason for his recusal.

The judge was also presiding over a criminal case against the woman’s uncle.  While he was still romantically involved with her, he signed an order reducing her uncle’s bond also sent her text messages about the case.

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Insight: You should begin by researching the statutes of limitations on legal malpractice claims in your state.  In Massachusetts, the statute of limitations on a legal malpractice claim must be filed within three years.  However, Massachusetts, like many jurisdictions, follow the so called discovery rule in some jurisdictions, including Massachusetts, which tolls the applicable statute of limitations until the plaintiff knew or should have reasonably discovered the attorney’s negligent conduct.  Other states recognize a continuous representation rule, where the statutory period is tolled until the attorney ceases representing the client.

Failing to bring a lawsuit prior to the statute of limitations can be fatal to your malpractice claim.  You should consult a legal malpractice attorney if you think your lawyer may have committed malpractice.

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