Quote:
Originally Posted by Manigault
Legal malpractice is actionable, that is, you get to sue the lawyer for it and collect damages. That happens in a law court. Malpractice, even if proven, is not necessarily an attorney ethics violation. Conflict of interest is an attorney ethics violation.
Attorney ethics charges are handled (in most cases) by a commission of the state supreme court. You don't receive damages, in most cases, if an attorney is found to have committed an ethics violation. Ethics cases are not handled in the courts.
Depending on a particular jurisdiction, your results may vary.
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The Legal Malpractice charges were brought to State Superior Court. They were found to be justified. The evidence was the law firm's own Contact, their own Invoices, court filed documents, letters and statements. Against the Vice-Chairman's objections, the Superior Court judge, based on the evidence, decided the charges warranted the law division for damages. The vice-chairman of attorney ethics represented his law firm during the Superior court case. (The Vice-Chairman had jurisdiction of every judge and attorney, who used that Superior Courthouse and had many friends there.)
The client represented himself, PRO SE. When the client went to use the court transcript for the law division for damages, the court transcript went strangely missing before it could be typed. The Superior Court law division case was then thrown out of court for lack of merit.
The Attorney Ethics violations were brought to the state's Supreme Court Office of Attorney Ethics. The Vice-Chairman of Attorney Ethics and two other of his law firm's attorneys lied in sworn certifications and had no supporting evidence. Dispite all the evidence, the charges were thrown out.