What if my attorney files bankruptcy???

Question

My husband and I were just awarded $14K in legal fees from an arbitration board of our county's state bar because our family law attorney was completely inept. She never filed for Discovery from his ex wife but charged us for it, lost subpoenas and never filed them, forgot to tell my husband about a crucial court date so he was fined $ thousands in sanctions, ever provided a statement in 8 months, etc. So the arbitration board ruled overwhelmingly in our favor to get all fees paid to her returned. If she doesn't appeal the decision in 30 days it's binding.

She just sent us a backdated bill with ridiculous made up fees totalling more than the $14K, so we think she's going to appeal and fight us into a legal malpractice lawsuit.

My question is, if we win a malpractice lawsuit against her and then she files bankruptcy, will she be exempt from ever returning any of our money or paying what we win from the lawsuit? Or would this be one of those exempt bills she has to pay??

We're in CA but bankruptcy law is federal. I'm wondering if this would be looked at a the type of court fine that still has to be paid even if she files bankruptcy, like traffic tickets, child support, etc or would she be able to bankrupt everything and leave us out in the cold?

I'm afraid she'll file for bankruptcy because she's done it before and it's been over 7 years so she can do it again. Our current lawyer (who's very sharp) believes she isn't paying us because she doesn't have the money. She promised my husband back in July that she'd reimburse him the thousands he had to pay in sanctions for her error yet she never did.
Also, the CA State Bar is doing an investigation to go after he license now b/c she was so blatantly neglectful, it's unbelievable, plus she lied under oath in the arbitration and the State Bar picked up on that from our transcripts that we submitted to them in a complaint. I'm afraid if the Bar revokes her license she'll just file for bankruptcy and never pay us. She's 65 so maybe she'll retire.

Because of her inactions, the other side won everything and we have to pay over $100K in child support over the next 3 yrs plus my husband lost all contact with his daughter.

Answer 1

It depends on the type of bankruptcy she files. As long as the lawyer you have now stays on top of the situation you should at least see something. Current bankruptcy laws make it harder to completely discharge all debts.

If you are really concerned about this you should ask your current lawyer, as you said, he is sharp but more importantly he is more familiar with the case than anyone here.

Besides, legal advice is one of those things that tends to be worth what you pay for it and if it is free (Y! Answers) it ain't worth much.

I am sorry to hear that you had such a bad experience. Lawyers like your first are the reason all lawyers have a bad reputation.

Answer 2

If you sue her and win the judgment will become one of her liabilities. She may be able to get it discharged in bankruptcy, but you'd get at least some of it.

Unpaid judgments, by the way, will cost a CA lawyer her license to practice, so you can assume she'll do everything she can to pay you if you get a judgment.

Richard

Answer 3

what makes you think your lawyer will file for bankruptcy - I imagine 14K wont do it. 14K for lawyers isnt very much money, not only that but you may have to check with your local law society, it may be that if they file for bankruptcy which I doubt - she may not be able to practice law any more.

Answer 4

The attorney should have malpractice insurance that would cover it.