Legal Question in Legal Ethics in Pennsylvania

A solo practice lawyer took out a loan for his legal practice and defaulted, resulting in a judgment of default. Is this sanctionable? Can I complain to the bar or the grievance committee?


Asked on 11/23/11, 9:07 am

1 Answer from Attorneys

The bar is useless as you already received a default judgment. What more can you expect them to do? Most of the bar rules concern ethical behavior directed towards the lawyer's own clients or opposing counsel, opposing clients and the court. Some rules do concern a lawyer's moral behavior. If the lawyer did have some kind of a problem and was borrowing money from other sources with no intention of paying it back, this would signify a big problem and would require the attorney to be suspended or disbarred in a really egregious case. So you can talk to the PA Disciplinary Board to see if the attorney's conduct warrants intervention or some kind of sanctions.

Lawyers are like other people - they have financial problems of their own when clients don't pay them. Maybe the lawyer is struggling financially? Its not a crime (unless there is some kind of fraud or criminal intent involved) to take out a loan and not be able to pay it back. Is the lawyer even still practicing law? I question this as the lawyer allowed you to get a default judgment. Instead of suing, did you look to explore other options and try to work this out?

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Answered on 11/23/11, 1:29 pm


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