What benefit, if any, is there in reporting a an attorney who possibly violated California ethics?
I currently work for an attorney who was involved in a complaint filed against her by plaintiff's attorney alleging conspiracy between her and her client, defendant. Plaintiff's attorney simply decided to bring in another cause of action based on no personal knoweldge of conspiracy. The complaint was not pled with particularity and we are quite certain that the complaint alleged this simply as a scare tactic.
Fortunately, the complaint was dismissed without prejudice against my boss, defendant's attorney. This was in November of 2014. However, a colleague suggests reporting this to the California State Bar.
My questions are as follows: Is there any benefit for pursuing this or is this simply more trouble than it is worth? I doubt she can sue for damages---can she?
Nathan’s Answer
The benefit is that discipline may be incurred, with the possible requirement of restitution or even recovery from the client recovery fund depending on the specifics. But this lacks the punch of a complaint for malicious prosecution for example, but even then, such a complaint can be met with an Anti-SLAPP. "Quite certain...scare tactics" may not be enough unless you have very strong evidence since California is liberal to pleadings up to a point. Contact an attorney to see if that point was reached.
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