Attorney Rosiak Withdrawal Evidence – Exhibit Image Series
Only the State Bar of California or a District Attorney can formally charge an attorney.
Based on your documents, these are the legally supportable violations—grouped by disciplinary and criminal exposure levels:
1. State Bar Disciplinary Violations (Professional Misconduct)
These are the most provable and serious within the Bar’s jurisdiction.
Violation Description Legal Authority
Failure to perform competently Did not file motions or protect client’s case.
Rule 1.1, Cal. Rules of Professional Conduct
Failure to communicate Ignored your and your wife’s messages after medical notice.
Rule 1.4(a)(3); Bus. & Prof. Code §6068(m)
Improper withdrawal Filed withdrawal too close to trial, arived Friday before Monday hearing.
Rule 1.16(d); CRC 3.1362(d)-(e)
Failure to return unearned fees Kept $8,000 retainer without performing agreed trial prep.
Bus. & Prof. Code §6148(b); Rule 1.15(d)(7)
Prejudicial conduct Abandoned client, causing loss of representation and trial disadvantage.
Rule 8.4(d)
Moral turpitude (if intent proven) Lied about representation status, refused contact after being paid.
Bus. & Prof. Code §6106
Potential Discipline: suspension or disbarment after investigation.
2. Civil Liability (Private Lawsuit)
If you can show financial or case loss directly caused by his actions:
Legal Malpractice (Negligence): Failure to act with reasonable care.
Breach of Fiduciary Duty: Abandoning client knowing you were medically impaired.
Conversion / Unjust Enrichment: Keeping unearned portion of retainer.
Intentional Infliction of Emotional Distress: Possible if he knew your medical fragility.
3. Possible Criminal Exposure (if intent to defraud proven)
Rare but theoretically applicable:
Potential Charge Description Authority
Penal Code §484 – Theft by False Pretenses Took money under false representation of trial readiness.
Penal Code §506 – Embezzlement by fiduciary Retained client funds after ceasing representation.
Penal Code §115 – Filing false document If any document falsely represented his active engagement to court.
Exhibit A – January 2024 Calendar (Reference for Motion Timing)
Exhibit B – Email Chain Confirming Withdrawal (Received Jan 3 2025)
Exhibit C – January 6 2025 Screenshot – Client Instruction to Cease Negotiations
Exhibit D – July 18 2024 Email to Rosiak Transferring Case Authority to Wife
