In recent weeks, the Missouri Supreme Court has disbarred three St. Louis area attorneys for professional misconduct, which included the taking of client funds. In three separate instances, St. Louis area lawyers Alan S. Cohen, Steve Gartenberg and Jonathan McKee, were disbarred by the Missouri Supreme Court for stealing client funds. Two of the lawyers – Steve Gartenberg and Alan Cohen – have been prosecuted as well. Mr. Gartenberg recently received a two-year prison sentence from a federal judge. Mr. Cohen’s case is still unresolved. No charges have yet been filed against McKee.
The misconduct of these lawyers raises an important and often puzzling question. What happens to your lawsuit or claim when your lawyer has been disbarred or suspended? Unfortunately, the Office of Chief Disciplinary Counsel, which acts as an enforcement arm for the Missouri Supreme Court, does not act as an advocate for injured clients. Their role is simply to take complaints and then act upon them, and take appropriate disciplinary action in conjunction with the Missouri Supreme Court. So what does a client do if they suspect or have received word that their lawyer has been disciplined and his license impaired?
First, you can go to your local law enforcement authorities if you think that the lawyer has taken your money. In the Cohen and McKee cases, funds were taken that belonged to clients from personal injury settlements. In the Gartenberg case, money was taken from an estate that Mr. Gartenberg was handling. In both cases, the lawyers are entrusted as fiduciaries with the money. If they take the money, they are subject to prosecution like any other thief. Unfortunately, the law enforcement process is also a punishment type procedure and does not act as an advocate for the client. Clients who have lawyers who act in a criminal manner can sometimes recoup restitution through a court-ordered sentencing.
The second remedy is to make a claim against the lawyer for conversion, or mishandling of client funds. This would be covered by their professional liability policy, if they in fact have such a policy. Under current rules of the Missouri Supreme Court, lawyers who handle client funds are not obligated to be bonded as other fiduciaries are. Most standard professional liability policies do cover the mishandling of funds; however, there is a gray area when the lawyer acts in a criminal manner. Lawyers who act criminally oftentimes have not taken care of their client’s cases and sometimes there may be statute of limitation lapses or other problems. If you think your lawyer has taken your money or has mishandled your claim, you should contact the Meehan Law Firm, as we are experts in recovery in these situations. The Meehan Law Firm can also assist in interface with the prosecution authorities if your lawyer has been prosecuted for theft, embezzlement or other criminal activity.
It is a sad commentary on the legal profession that three lawyers have been disbarred for professional misconduct in such a short period of time. It is all the more reason that clients should be ever vigilant in monitoring the activities of their lawyer and the status of their legal claims. If you think that your lawyer as let you down or has possibly taken your money, please call the Meehan Law Firm for assistance.