disciplining an attorney how many weeks does it take to get a hearing

by Cedrick Jones 8 min read

There is no set schedule. Some hearing offices say it will take approximately six weeks to receive a decision; some judges tell claimants they try to have the decision out in 30 days.

Full Answer

What happens at a discipline hearing for a lawyer?

A discipline hearing is similar to a court hearing. A Law Society lawyer, like a Crown prosecutor, presents evidence to prove the allegations against the lawyer. The lawyer who is the subject of the allegations is usually represented by another lawyer. How can I find out whether a lawyer has ever been disciplined?

How long does it take to schedule a divorce hearing?

The answer to your question depends upon the Court in which your case is pending and the type of hearing that you are trying to schedule. If you have filed an initial complaint in Montgomery County, once your spouse is served the Court will schedule an initial conference approximately 60 days later.

How long does it take to get a court order?

In Montgomery County the initial conference is a "Scheduling Conference" set before a Family Court Master and all... It all depends on the county where you file. Som counties can be 2 months before a hearing. Others only a few weeks. If both parties sign a 10 day waiver form, the court order may issue within a few days after the hearing.

Where can I find past orders of professional discipline for lawyers?

Also, search for orders of the State Bar's Grievance Committee, the Disciplinary Hearing Commission, and state and federal courts imposing professional discipline, and orders transferring lawyers to disability inactive status. Past Orders

How long should you wait to hear back from an attorney?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How do lawyers get disciplined?

[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer's behalf.

What is the most common reason for an attorney to be disciplined?

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What does it mean when a lawyer is disciplined?

Attorneys can be disciplined for various reasons - from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law.

What is unethical for an attorney?

Charging excessive fees, refusing to give the client his or her money, stealing the client's money, or misplacing the client's money are clear indicators of an ethics violation.

What does it mean when a lawyer gets sanctioned?

sanction. n. 1) a financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court.

How do you write a grievance letter to an attorney?

Formal complaint against [name of lawyer or law firm] My complaint is that they failed to provide me with a satisfactory service when … describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred].

Who is responsible for discipline?

3.1 The discipline master/mistress is the leader of the school discipline team. He/She is in charge of the planning, organization, development and monitoring of matters relating to student discipline at school.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can you sue your lawyer?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What do you do when a lawyer doesn't respond?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.

Who regulates lawyers in Massachusetts?

"The Board of Bar Overseers was established by the Supreme Judicial Court in 1974 as an independent administrative body to investigate and evaluate complaints against attorneys." They have over 80 articles on their site about ethical issues for lawyers.

What does it mean for a lawyer to be sanctioned?

sanction. n. 1) a financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court.

What does it mean to censure a lawyer?

So, what does it mean when a lawyer is censured? In the most basic sense, censuring is a form of reprimand for a lawyer who is found to be acting in a way that is unprofessional. Censuring is less severe than a suspension or disbarment, often without public implications that prevent the lawyer from practicing law.

Who regulates attorneys in California?

The State Bar ofThe State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

Search Past Orders

View the orders of the Disciplinary Hearing Commission and Grievance Committee that are published in the State Bar Journal. Also, search for orders of the State Bar's Grievance Committee, the Disciplinary Hearing Commission, and state and federal courts imposing professional discipline, and orders transferring lawyers to disability inactive status.

Pending Disciplinary Hearing Commission Cases

View the Disciplinary Hearing Commission (DHC) trial schedule, as well as complaints and answers filed with the DHC.

Temporary Restraining Orders and Preliminary Injunctions

Wake County Superior Court has entered injunctions prohibiting the following North Carolina lawyers from handling entrusted funds. Here you can search and view these injunctions, and sign up for emails alerts.

Reports of the Disciplinary Hearing Commission

Annual reports of the North Carolina State Bar's Disciplinary Hearing Commission, the trial arm of the North Carolina State Bar which is composed of 12 lawyers and 8 nonlawyers.

Roadmap of the Disciplinary Process

The purposes of the NC State Bar’s disciplinary process are to protect the public from harm that could result from unethical conduct of lawyers, and to protect the integrity of the justice system. The process begins when allegations of possible professional misconduct come to the State Bar’s attention.

I Am Having a Dispute with a Lawyer

The North Carolina State Bar provides services for those who already have an attorney but have encountered problems with their representation.

3 attorney answers

The answer to your question depends upon the Court in which your case is pending and the type of hearing that you are trying to schedule. If you have filed an initial complaint in Montgomery County, once your spouse is served the Court will schedule an initial conference approximately 60 days later.

Keith R Havens

Mr. Havens' answer is a good one and it really is dependent on which Court you are pursuing your case. If you are in the Circuit Court for Montgomery County, you can find very good information on the Court's website or you can sign up for the Court's Pro Se Assistance Clinic to get further answers.

Thomas E Mulinazzi

It all depends on the county where you file. Som counties can be 2 months before a hearing. Others only a few weeks. If both parties sign a 10 day waiver form, the court order may issue within a few days after the hearing. It is then a final order, but subject to motion to amend or appeal by either party for the next 30 days.

How long can a lawyer practice law?

PUBLIC REPRIMAND for more serious rule violations. SUSPENSION of the lawyer’s license to practice law for a period of up to five years, during which time the lawyer cannot practice law. REVOCATION of the lawyer’s license to practice law.

How long does it take for a bar investigator to complete a complaint?

The investigator will write a report for the bar counsel. After the complaint has been referred for further investigation, it may take several months for the investigator to complete the investigation because the investigator is investigating other complaints that were filed earlier.

What happens if a lawyer violates an ethics rule?

If the district committee decides that the lawyer violated an ethics rule, it will impose discipline, which will be recorded on the lawyer’s permanent VSB record. In cases of serious misconduct, a subcommittee or a district committee can send the case to a higher body, the Disciplinary Board.

What does the bar counsel do when a complaint is filed?

The bar counsel will send the complaint to the lawyer involved and request a written response. Most lawyers respond to bar complaints. If we receive a response from the lawyer, we may send the response to the complainant for comment. The complainant’s input helps the bar counsel analyze the merits of the complaint.

What are the penalties for a lawyer?

When a lawyer is disciplined, the VSB records the discipline imposed on the lawyer’s permanent record. Disciplinary sanctions include: 1 PRIVATE REPRIMAND or PRIVATE ADMONITION for less serious rule violations 2 PUBLIC REPRIMAND for more serious rule violations 3 SUSPENSION of the lawyer’s license to practice law for a period of up to five years, during which time the lawyer cannot practice law 4 REVOCATION of the lawyer’s license to practice law

What is the first stage of a complaint?

Stage 1: Preliminary Investigation. After an intake attorney reviews the complaint and decides that it falls within the VSB’s jurisdiction, it is assigned to a VSB attorney, called bar counsel, for investigation. The bar counsel will send the complaint to the lawyer involved and request a written response.

How long does it take to get a preliminary investigation?

Our goal is to complete the preliminary investigation within 75 days. However, the preliminary investigation of a complaint may take longer, depending on the complexity of the complaint and our caseload. Also, sometimes lawyers ask for more time to respond to a complaint, which may be granted by the bar counsel if appropriate.

What is the purpose of attorney discipline?

The purpose of attorney discipline is to protect the public and the administration of justice from attorneys who have not discharged their professional duties to clients, the public, the legal system, and the legal profession.

How to file a complaint against an attorney in Arizona?

To file a complaint against an attorney, please call the State Bar of Arizona at: 602-252-4804. RECORDS. Records of formal disciplinary proceedings are public and are available from the offices of the Attorney Discipline Unit.

What is lawyer discipline?

Lawyer discipline FAQ: Covers clients’ rights when retaining a lawyer, handling problems with your attorney, lawyer referral, problems with other attorneys and complaints against elected officials.

How to view a disciplined case?

How to view discipline documents: Discipline cases that are public record are posted to the attorney’s individual profile. Select the reference number to view the Supreme Court Order and other related documents.

How to file a complaint against an attorney?

If you are having difficulty communicating with your attorney, you should consider the following before filing a complaint with The Bar: 1 Call the attorney’s office and leave a message for a return call. 2 If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.

What is the phone number for a Florida bar attorney?

If you feel you have been unfairly treated by a lawyer, call ACAP at 866-352-0707. For public record information regarding any Florida Bar attorney, send us an email.

What are the rules of professional conduct?

The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled unless the attorney is asserting a lien for fees. The complete original file belongs to the lawyer, who must provide a copy of the file to the client and may charge reasonable copy costs.

How to return a call to an attorney?

Call the attorney’s office and leave a message for a return call.

How many lawyers are in the Florida Bar?

The Florida Bar regulates more than 109,000 lawyers and opens approximately 7,500 files a year to investigate possible misconduct. Review the 10 Most Important Things to Know about Lawyer Regulation.

What is a discipline hearing?

A discipline hearing is similar to a court hearing. A Law Society lawyer, like a Crown prosecutor, presents evidence to prove the allegations against the lawyer. The lawyer who is the subject of the allegations is usually represented by another lawyer.

How long does it take to investigate a complaint?

There is no set time for an investigation of a complaint. Generally speaking, the more serious or complex the issue is, the longer the review will take. However, the Law Society does its best to handle all complaints promptly and fairly. About 85% of complaints are resolved within one year.

What to do if your lawyer stole from you?

If you think your lawyer has stolen from you, you may file a complaint and you may also be entitled to compensation. The Law Society's Professional Conduct group investigates complaints about lawyer conduct, and claims for compensation are handled by the Lawyers Indemnity Fund. See Claims for theft for details.

What happens if a lawyer is cited for a discipline violation?

If your complaint results in the lawyer being cited for a discipline violation, the citation setting out the allegations against the lawyer is published on the Law Society website. A citation leads to a public hearing, in which case, only information protected by solicitor/client privilege can be kept private unless an order is made by the hearing panel for other information not to be disclosed to protect the interests of any person.

How to file a complaint against a lawyer?

If you still want to file a complaint, it must be in writing. You can use the Law Society's online complaint form or submit a paper complaint form .

Who decides if a lawyer is guilty?

Who decides whether a lawyer is guilty? If a complaint proceeds to a discipline hearing, it will be heard before a panel that is chaired by a lawyer and includes at least one Law Society Bencher or Life Bencher who is a lawyer, a lawyer who is not a Bencher, and a member of the public who is not a lawyer. Together, these panel members act as judges.

Is a complaint against a lawyer confidential?

Complaints are not confidential. Information you provide to the Law Society may be forwarded to the lawyer for his or her consideration. The lawyer may not be required to keep that information confidential. If your complaint results in the lawyer being cited for a discipline violation, the citation setting out the allegations against ...