do i need an attorney when i file a complaint on another attorney?

by Sheldon Jones 4 min read

If you are complaining about some other attorney, provide any court documents or communications with the attorney which will help to explain your complaint. If you are represented by counsel in the matter involving the attorney, please provide your attorney’s name, address and telephone number.

Yes. If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. ... In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.Jun 7, 2018

Full Answer

What happens if I file a complaint against my lawyer?

Jun 20, 2016 · It may be best to first try and resolve any dispute you have with the attorney on your own. Also note that if you have a legal matter pending and you file a complaint against your lawyer, that lawyer must stop representing you in most states, so it may be a good idea to have another attorney lined up to take over in advance.

What should I do if I have a dispute with my lawyer?

Apr 03, 2017 · Filing a complaint against an attorney is a serious matter, and should be limited to significant problems. Issues like slowness to respond, curtness, lack of empathy, condescension, or even sloppy legal work - while often meriting a cautionary review on Avvo - will rarely suffice.

How do you review a lawyer's complaints?

An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation. If the review determines that the alleged facts establish a violation, the matter will be investigated.

Can a lawyer represent you despite the existence of a conflict?

You may have legal claims of your own against the person who filed the complaint against you, and you may wish to include these in your Answer. Such claims are called “counterclaims.” If your case has not been evaluated for counterclaims (or for defenses) by an attorney, you should ask for help from an attorney to do it properly.

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What happens when a lawyer doesn't respond to another lawyer?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. ... A knowledgeable legal malpractice attorney can review the circumstances of a case and attempt to communicate with your unresponsive lawyer.Sep 27, 2018

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.

Can I talk to another lawyer if I already have one?

Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Can lawyers get in trouble for lying?

The American Bar Association Model Rules of Professional Conduct prohibit lawyers from making false statements of material fact or law to third parties, and from failing to disclose material facts when necessary to avoid assisting criminal or fraudulent conduct by a client.Jun 17, 2015

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

Can lawyers talk about their cases?

Under attorney-client privilege, lawyers are not allowed to divulge the details of anything their clients tell them in a court of law. In addition to that, The Duty of Confidentiality protects clients from having their lawyers casually discuss the private details of their case outside of court.

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

What to do if you have concerns about an attorney?

Criminal conduct. If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction: Alabama. Alaska.

What are the two types of cases that can be heard in federal court?

Generally, only two types of cases can beheard in federal court: cases involving a federal question and cases involving diversity of citizenship of theparties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treatiesis a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen ofanother State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In adiversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.

What is the rule of civil procedure 11?

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,and belief that this complaint: (1) is not being presented for an improper purpose , such as to harass, causeunnecessary delay, or needlessly increase the cost of litigation ; (2) is supported by existing law or by anonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions haveevidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonableopportunity for further investigation or discovery; and (4) the complaint otherwise complies with therequirements of Rule 11.

What does "prisoner" mean?

(h) As used in this section, the term "prisoner" means any person incarcerated or detained inany facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for,violations of criminal law or the terms and conditions of parole, probation, pretrial release, ordiversionary program.

What to do if you are complaining about a lawyer?

If you are complaining about some other attorney, provide any court documents or communications with the attorney which will help to explain your complaint .

What happens if you send a copy of a document to the state bar?

All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction. If you are complaining about an attorney who represented you, provide copies of written fee agreements, payments or other communications (written or electronic) to the attorney.

How many languages does the state bar accept?

The State Bar accepts complaints in over 200 languages. If you need translation services to communicate with the State Bar, please let us know by completing the Translation Information section. We will communicate with you through a translation service in the language of your choice. If you have a trusted friend or family member whom you would prefer to provide translation assistance and that person will accept communications from the State Bar in English, please provide their contact information in the Translation Information section.

How to contact a company about a product?

Send the business necessary information. 1 Your name, physical and email address, and phone number. 2 The product or service, including the brand name, model and serial number. 3 The problem with the product or service, in as much detail as possible.

What to do if you have been victim of fraud?

If you have been the victim of fraud or deception, you should file a complaint with the attorney general . A complaint is a formal written document filed by a party seeking legal relief by outlining the allegations, details, remedies, and parties involved. The process for filing includes gathering paperwork, contacting various involved parties, ...

How to file a complaint against a state?

To file a complaint, visit your state's Attorney General's website, locate the online complaint form, fill it out and attach the necessary documents, and then mail it to the Attorney General's office address. Each state designates an agency to handle consumer complaints of fraud, deception, or unfair business practices.

How to find consumer protection?

Type the name of your state and “consumer protection” into a search engine. The attorney general’s website for your state should come up near the top of the search results. If you are taken to the attorney general’s main page, look for a link for “consumer protection.”. Click on it.

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 Florida Bar?

The Florida Bar accepts complaints against attorneys, investigates those complaints and prosecutes attorneys who engage in unethical conduct. The Florida Bar operates the Attorney Consumer Assistance Program (ACAP) for consumers who are dissatisfied or think a lawyer may have acted unethically and want to consider filing a complaint.

What is the phone number for ACAP?

The ACAP telephone number is toll-free: 1-866-352-0707. ACAP provides assistance in response to more than 24,000 requests a year. Download Complaint Form.

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.

What is a public reprimand?

The public reprimand is a Supreme Court-ordered form of public discipline that declares the conduct of the lawyer improper. Public reprimands are delivered before the 52-member Florida Bar Board of Governors and are public record. A downloadable video of an actual public reprimand (2 min. 7 sec., 14.7MB) has been posted for information.

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Your Information

  • Please provide your name, address, zip code, email address (if available), and telephone numbers (work, home and cell).   Complaints are confidential unless charges are filed. So that we may prompt...
See more on apps.calbar.ca.gov

Attorney’s Information

  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of co…
  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of complaint for each attorney.
  4. If any of the blank spaces do not apply to your case, write N/A (Not Applicable). If you do not know the size of the attorney’s law firm, please state “Unknown” for Size of Law Firm.

Attachments

  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  3. If you have already submitted a complaint and would like to add additional supporting documents, please click here.

Translation Information

  • The State Bar accepts complaints in over 200 languages. If you need translation services to communicate with the State Bar, please let us know by completing the Translation Information section. We will communicate with you through a translation service in the language of your choice. If you have a trusted friend or family member whom you would prefer to provide translati…
See more on apps.calbar.ca.gov

After You Submit

  • The State Bar will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. This chart explains what happens after you file a complaint.Thank you for your cooperation.
See more on apps.calbar.ca.gov