Legal Question in Civil Litigation in Texas
Should I pay an attorney that was not licensed to practice law?
I recently found out that my "attorney" is a convicted felon whose license to practice has been suspended for 10 years by the State Bar of Texas. According to the State Bar, he cannot represent clients in any way. He never told us that he has a suspended license or that he is a felon. His representation of me was extremely poor. In negotations with another attorney, he caved in completely and recommended that I accede to all the demands of the other attorney. I believe now that the other attorney knew he had no license and therefore he had to give in. It is for this fact and for the fact that I was not told that he was a convicted felon with a suspended license, that I have decided not to pay his fee. Should I pay him? Can he force me to pay?
4 Answers from Attorneys
Unauthorized Practice of Law
I am not familliar with the rules in Texas, but I very much doubt that you can be forced to pay. If the "attorney" is not currently licensed and led you to believe that he was, then he defrauded you and is not entitled to a fee. Actually, you should be able to sue him, especially if his work compromised your case.
You need a competent (and admitted) Texas lawyer to represent you, not only in any suit you bring against the suspended attorney but also in the matter in which he was representing you. Only a knowledgable Texas lawyer can assess the damage your previous counsel may have done to your case and recommend an appropriate course of action.
If, as you suspect, opposing counsel knew of your lawyer's suspension and took advantage of it, this fact may weigh strongly in your favor in your efforts to further the litigation. It will also be of great interest to the state bar, which will almost certainly frown on any attorney taking advantage of the situation as you have described.
Of course, all of this assumes that his suspension is current (or at least that it was while he was acting as your attorney). If he has been reinstated after a prior suspension, then you may be out of luck. Again, retain local counsel to advise you.
no degree, no money
Any contract between yourself and this "attorney"is based upon fraudulent acts or misrepresentationby the attorney. Therefore, unless your contractspecifies he is not an attorney, but merely a consultant- no pay! It is also illegal to practicewithout a license- report him/her to your localbar association.
Scammed in Texas
The only thing I would add to Mr. Hamilton and Mr. Hoffman's excellent replies is to contact the State Bar of Texas to check this person's status to practice law and report what happened. Further, if you live in Houston, you might give KTRK's Marvin Zindler a call to help ferret this guy out. Whatever you do, get a reputable Texas attorney to advise you. Good luck!
unauthorized practice of law
In most states, a person has no right to collect a legal fee when he is notlicensed as a lawyer. In fact, he may have committed criminal offenses.
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