Represented by disbarred lawyer...didn't know.

[TLWE]

Soc,

A friend of mine in MO checked out a lawyer in November and he had good clean record.  He represented her in a custody case in March.  The custody order has not been signed by the judge at this time.  This morning it was in her hometown newspaper that this lawyer was disbarred in January; and that he had represented several clients since.

She is now at a loss as to whether or not the custody order is legitimate.  She knows you can attend court and either represent yourself or have legal counsel...however, being that her lawyer had been disbarred in January, does that not negate the court order?

The lawyer (I use that term loosely) has been formally charged with practicing without a license.  His hearing is April 15th with the same judge who presided over her custody case.

Where does she go from here?  Your help is greatly appreciated.

[socrateaser]

An order/judgment is valid and enforceable regardless of whether the attorney was licensed or not at the time the order/judgment was entered by the court. Your facts appear to suggest that the outcome you received in this case was satisfactory, so you have no damages to request. If you were damaged, i.e., if the attorney did a substandard job, then you could sue him for fraud and malpractice, but absent this, you would receive only a nominal award, and possibly some punitive damages to discourage the ex-attorney from continuing his unlawful representation before the court.

[TLWE]

Soc,

TY for your reply.  Actually, LOL she was hoping the answer would be No! the trial was farce!

She has contacted the MO State Bar and they gave the address to file a complaint against the attorney and an address to where she can write, so that she may recoup some of her retainer.

Again, thanks for your time!

:)