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Comment by jandrese | Hacker News Reader

What, the bar association?

Sleezy as this is you wouldn't be able to show damages since you didn't sign the contract. The other lawyer can claim error and the burden of proof would be on you.

If you did accept, then you have a lengthy court battle ahead where a jury could very well rule "abide by the contract you signed you reneging moocher."

The real world isn't a school playground. Calling a teacher over is time consuming and expensive and far from a guarantee of justice. It is up to you to keep yourself safe from assholes like this by always doing your due diligence. Someone who pulls this kind of shit constantly will eventually lose their license, but many years down the road and after many victims.

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ABA Model Rules of Professional Conduct, Rule 8.4: Misconduct: "It is professional misconduct for a lawyer to: [...] (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation..."

[https://www.americanbar.org/groups/professional_responsibili...]

If it really was intentional, this very clearly meets the standard, and there's absolutely no requirement that there be damages for the lawyer to be disciplined. I'm not talking about a fraud or malpractice claim, so there's no reason this would involve a lengthy court battle, etc.

Further, Rule 8.3: "(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority."

[https://www.americanbar.org/groups/professional_responsibili...]

Seems to fit as well if the behavior was repeated.

But on the same site:

https://www.americanbar.org/groups/professional_responsibili...

> The ABA is not a lawyer disciplinary agency and has no authority to investigate or act upon complaints filed against lawyers. Each state has its own agency that performs that function in regard to lawyers practicing in that state. Locate your state agency from the Directory of State Disciplinary Agencies.

So you're not dealing with the ABA, but the underfunded and understaffed state board.

Of course you're dealing with your local licensing authority, but they'll all have a rule substantially the same as the model rule cited.

California's state bar even has a formal opinion calling out this or similar behavior:

"Had Seller’s Attorney intentionally created a defective “redline” to surreptitiously conceal the change to the covenant not to compete, his conduct would constitute deceit, active concealment and possibly fraud, in violation of Seller’s Attorney’s ethical obligations."

[https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinion...]

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