- April 14, 2009
- In orange County Personal Injury
The California Bar Journal reports that the State Bar of California has effectively shut down the offices of Orange County attorney, Mitchell Roth. Roth, whose practice was recently expanded to include foreclosures, was hospitalized in January and was therefore unable to provide adequate representation to a large influx of approximately 2000 foreclosure clients.
Citing concerns that Roth was unable to effectively represent his clients-many of whom are facing the loss of their homes-the state bar pressed the Superior Court for permission to take jurisdiction over the practice under the provisions of the Business and Professions Code. In February 2009, the Superior Court responded, granting prosecutors for the state bar an order which shut down three law offices belonging to Roth.
In this case, Roth consented to the action, conceding that the action was in his clients’ best interests.
Legal malpractice is the failure of an attorney to live up to the standards of the profession. In order to prove legal malpractice, several points must be demonstrated in court, the most of importance being a negligent standard of care. In Roth’s case, his hospitalization put him in danger of not being able to adequately represent his clients.
The state bar’s actions in this circumstance are beneficial on two levels. When the bar acts in this manner, utmost importance is given to the proper care of the clients. By assuming jurisdiction over these cases, the state bar also protects the integrity of the legal profession in California.
Legal malpractice is a serious issue. When a client is depending on the professional experience of an attorney, having that attorney fall short of acceptable standards of practice can be a distressing experience. If you have any questions about legal malpractice, standards of care or any related issues, please contact the Orange County legal malpractice lawyers at the Law Offices of Samer Habbas.