how to file a bar complain oregon attorney

by Dr. Rodrick Swift II 10 min read

To file an attorney misconduct complaint, please fill out the online form. Please read the instructions below and then click Next at the bottom of this page to begin the complaint. For questions call 800-843-9053. If you are unable to fill out the form online, you may print and mail the completed Complaint Form to the State Bar’s Intake Department.

Full Answer

How do I file a complaint against an Oregon lawyer?

Before You Submit a Complaint. Please click here and read information on the OSB Client Assistance Office and the complaint process. Valuable time can be saved if you understand the ... If you have any questions, please call (503) 620-0222 …

Where can I find information about filing a bar complaint?

If you think an Oregon lawyer has violated a disciplinary rule, you can file a written complaint with the Client Assistance Office. We will screen your inquiry to determine if there is sufficient basis to warrant further investigation. We may refer it to Disciplinary Counsel's Office for further review.

How do I file a complaint about an OSB lawyer?

If you have questions about a situation that you believe might be within the jurisdiction of the Oregon Government Ethics Commission, you may call Commission staff to discuss the matter prior to submitting a complaint. The investigative staff will be able to offer you some guidance on how to proceed. Please call 503-378-5105.

How does the Oregon State Bar investigate inquiries and complaints about lawyers?

If you want to file a complaint, please complete the form with as much information as you have. Please explain the circumstances that led to your complaint with the most complete and accurate information that you have. Listing relevant events in chronological order and providing dates, places, and witnesses to the judge’s actions would be helpful.

image

How do I report a lawyer in Oregon?

If you wish to make a complaint about nonlawyer practice, contact OSB General Counsel's office at (503) 620-0222, ext. 363 or (800) 452-8624, ext. 363 (within Oregon) for information about how to present your complaint.

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 I write a complaint letter to my lawyer?

Formal complaint against [name of lawyer or law firm] 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]. My complaint is that [list what you think went wrong or wasn't done properly.

How do I contact the Oregon State Bar?

Contacting the Oregon State BarOur building is located at: 16037 SW Upper Boones Ferry Rd (Directions) Tigard, OR. 97224.Phone: (503) 620-0222 or Inside Oregon: 1 (800) 452-8260.Facsimile: (503) 684-1366.E-mail: All General OSB Inquiries: [email protected]. Website Content/Problem Inquiries: [email protected].

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is professional misconduct for a lawyer?

The expression professional misconduct in the simple sense means improper conduct. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

How do address a letter to an attorney?

Address an attorney as "Mr." or "Ms." in most contexts. In the salutation for a letter or email, address an attorney the same way you would any other respected professional- using "Mr." or "Ms." followed by their surname. Generally, this is the best way to address an attorney if you've never spoken to them before.Jul 8, 2021

Is Oregon a UBE state?

Oregon has adopted the UBE. Examinees who take the UBE earn a portable score that can be used to apply for admission in other UBE jurisdictions. Oregon will administer the UBE starting with the July 2017 exam.Oct 17, 2016

What does the Oregon State Bar do?

The OSB is charged with administering lawyer admissions and discipline, pursuant to rules promulgated by the Oregon Supreme Court. It also administers the Legal Services Program which funds legal aid in Oregon and provides accountability by maintaining standards and guidelines for legal aid providers.

How many judges are on the Oregon Supreme Court?

seven justicesSupreme Court Website The Supreme Court of Oregon has seven justices elected by nonpartisan, statewide ballot to serve six-year terms.

How to contact client assistance office in Portland Oregon?

You can reach the Client Assistance Office at (503) 620-0222 in the Por tland metro area, and at (800) 452-8260 from elsewhere in Oregon.

What to do if your lawyer is negligent?

If you think your lawyer might have been negligent in representing you, you should contact a lawyer who handles professional malpractice cases. All Oregon lawyers in the private practice of law whose principal office is in Oregon are required to have professional liability coverage.

What is a disciplinary counsel?

Disciplinary Counsel's Office investigates all grievances referred by the Client Assistance Office. You and the lawyer may be asked to submit additional information or to respond to specific questions. Personal or telephone interviews may be conducted and staff may gather information from other sources. You should not expect your complaint to be decided solely on the basis of what you claim happened. (Nor should the lawyer expect that a matter will be decided based solely on the information the lawyer provides.) The final decision must depend upon the weight of all the available evidence.

What is CAO in the bar?

All inquiries about lawyer conduct are reviewed first by the Client Assistance Office (CAO) to determine if there is sufficient basis to warrant further investigation by the bar . Staff in that office may call you or the lawyer for additional information. A copy of your written complaint will be sent to the lawyer and you will receive a copy of any written response the lawyer makes.

What happens if a lawyer violates the rules of conduct?

Lawyers who violate the rules of conduct are subject to discipline by the Oregon Supreme Court; in very serious cases this can mean a suspension or loss of the lawyer's license to practice. The bar's Client Assistance Office reviews all inquiries and complaints about lawyer conduct.

Why are my lawyer's fees not reasonable?

More often, however, clients believe their lawyer's fees are not reasonable because they lost their case or because they feel their lawyer did a poor job representing them. In these cases, clients want their lawyer's fees to be reduced.

Who is on the trial panel in Oregon?

A trial panel is appointed to act as judge. Each trial panel includes the Adjudicator, who is a lawyer appointed by the Oregon Supreme Court and employed by the Bar, a second lawyer and one nonlawyer ("public") member. The second and third members of the panel are trained volunteers.

What are the ethics laws in Oregon?

Oregon Government Ethics law ORS Chapter 244 1 Prohibits use of public office or position for financial gain 2 Requires public disclosure of financial conflicts of interest 3 Requires designated elected and appointed officials to file annual disclosures of sources of economic interest 4 Limits gifts that an official may receive per calendar year 5 Applies to all elected and appointed officials, employees and volunteers at all levels of state and local government in all three branches

What happens if a complaint is not within the commission's jurisdiction?

If the complaint is not within the commission’s jurisdiction, the executive director sends the person who submitted the complaint a letter advising that the commission cannot take action on the matter. About 90 percent of the cases reviewed by the commission are initiated as a result of complaints submitted by the public.

How long does it take to complete a preliminary review?

The preliminary review phase must be completed within 30 days (135 for Lobbying) of the complaint being filed or the action being initiated by the commission. The objective of preliminary review is to determine if sufficient cause exists to conduct an investigation.

Does the OGEC have time to acquire records?

Due to the short initial review period, the OGEC may not have time to acquire records before the review period expires. The Commission's decision about whether or not there is a sufficient basis to move the complaint forward may be based in large part on the documentation you provide.

What is the decision to move beyond the preliminary review phase?

The decision to move beyond the preliminary review phase is conducted in executive session. At the end of preliminary review, regardless of the determination, the commission must make all information available to the public, subject to public record exceptions.

What is staff report?

The ability of any other persons to publicly comment about a matter is not affected. A staff report is prepared at the end of preliminary review and will be considered by the commission in its next executive session (meaning it will be considered in a closed meeting and will not appear on the public agenda).

How long does the investigative phase take?

Investigative Phase. If the commission finds "cause" to pursue the case at the end of preliminary review, the investigative phase begins. The commission has 180 days to investigate, during which time subpoenas for documents and oral testimony may be issued.

What are the rules of professional responsibility for prosecutors?

When prosecutors engage in misconduct, they violate the bar’s Rules of Professional Responsibility – the ethical rules that govern the legal profession. Each state’s rules are largely similar in substance, though the procedure that each state uses to enforce the rules may differ markedly. In many states, there is a Disciplinary Counsel, Commission or Board – usually an agency of the state bar or the state’s court system – whose job it is to investigate, adjudicate, and recommend punishment for attorneys who violate the state’s Rules of Professional Responsibility. Below, by state, you can find links to information about how to file a bar complaint – sometimes called a “grievance” – in each state. You can also find links to each jurisdiction’s Rules of Professional Conduct, which govern attorney behavior.

What is the job of a disciplinary counsel?

In many states, there is a Disciplinary Counsel, Commission or Board – usually an agency of the state bar or the state’s court system – whose job it is to investigate, adjudicate, and recommend punishment for attorneys who violate the state’s Rules of Professional Responsibility. Below, by state, you can find links to information about how ...

The Oregon DOJ Can Help

We are committed to ensuring a safe and fair marketplace for Oregon consumers and businesses. While state law prohibits our employees from offering legal advice to individuals, we have helped many resolve consumer issues.

Volunteer with the DOJ Hotline

Are you interested in helping fellow Oregonians? The hotline is staffed by a team of dedicated volunteers who field more than 30,000 calls a year. If you live in the Salem area and are interested in helping fellow Oregonians recover money from companies that break the law, please email us at [email protected].

How to contact Oregon Medical Board?

You may also call (971) 673-2702, or toll free at (877) 254-6263. Please note that e-mail is not confidential. Do not submit complaint information through e-mail.

How long does it take for a complaint to be resolved?

Please note that complaints can take many months to resolve, so your patience during the investigative process is appreciated.

What is confidential in Oregon?

Confidentiality. Oregon law ( ORS 676.175) requires that information provided to the Board be kept confidential. The information gathered during investigations will not be disclosed or available for uses outside the Board.

How to contact Jessica Bates?

Requests for aids or other accommodations should be made to Jessica Bates, ADA Coordinator, at 971-673-2700 or [email protected] as soon as possible but no later than 48 hours before the scheduled event.

What is the confidentiality requirement?

The confidentiality requirement means that the specifics of the investigation cannot be shared with anyone, including the complainant. If a violation is found and the case is settled with an Order by the Board, the Order is public information. There is a $10.00 fee for a copy of the Order.

Does Oregon Medical Board discriminate against disabled people?

Accessibility. The Oregon Medical Board ("Board") will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities and complies with all regulations under Title II of the Americans with Disabilities Act ("ADA"). The Board will make reasonable modifications to policies, ...

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 is the phone number for the state bar?

If you have further questions, you may call the call center at 800-843-9053. Also, the State Bar pamphlet Having A Problem With Your Lawyer is available online. The pamphlet has helpful answers to questions about dealing with an 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.

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.

Can OCTC give legal advice?

For example, OCTC cannot give you legal advice or perform legal service for you (such as pursuing damages or other legal action against the attorney (s) involved in your complaint). You may have legal remedies available to you, but OCTC cannot advise you on your rights in a given situation or what you should do.

Can an attorney be reimbursed for misappropriation of client funds?

OCTC can seek an order of restitution if an attorney has misappropriated client funds. In addition, the State Bar's Client Security Fund (CSF) may reimburse funds dishonestly taken by the attorney (but not simply because the lawyer acted incompetently, committed malpractice or failed to take certain action).

Can an attorney be disciplined for a violation of the California State Bar Act?

OCTC can recommend that an attorney be disciplined only for a violation of the California State Bar Act or the California Rules of Professional Conduct. OCTC cannot act as your attorney or otherwise help you in legal matters connected with your complaint.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

What happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

image