how to file a complaint against an attorney in ny

• Fill out the complaint form, answering all of the questions and sign the form. ...
• Attach copies of any documents that you think will help the Division investigate the case (pay stub, letter of termination, performance evaluation disciplinary notice, etc).
• Return the completed complaint form to the Division. ...

More items...

Full Answer

How do I file a complaint against an attorney?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.

When is a client’s complaint against a lawyer serious?

Sometimes, however, a client’s complaint is sufficiently serious that it calls into question the lawyer’s honesty, integrity, or professional competence and thereby involves danger not only to the individual client but also to other members of the public who are, or in the future may be, consumers of the lawyer’s legal services.

Do complaints have to be in writing?

Complaints must be in writing, and if the complaint describes conduct which would be considered improper, if proved, the attorney against whom the complaint is made must respond to the complaint in writing.

How do I find a lawyer in New York State?

Many bar associations in New York State operate Lawyer Referral Services. When you contact a service, you will be given the name, address and telephone number of a lawyer in your area who may be able to help you.

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.

How do I file a complaint with the NYS attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

How do I file a complaint with the New York Bar Association?

Call the State Bar's multilingual intake hotline (800-843-9053) for help. If you have a problem with your lawyer's actions or fees, you have options. Find out how to resolve a problem without going to court, file a complaint against a lawyer and how to get money back from an unethical attorney.

How do you find out if an attorney has been disciplined in NY?

The New York court system has added records showing whether an attorney has been disciplined to its publicly available online database.

Does filing a complaint with the FTC do anything?

The FTC cannot resolve individual complaints, but it can provide information about what steps to take. The FTC says that complaints can help it and its law enforcement partners detect patterns of fraud and abuse, which may lead to investigations and stopping unfair business practices.

Does filing a complaint with the FCC do anything?

Complaints may be shared among FCC bureaus and offices for further review and possible investigation. By filing a consumer complaint with the FCC, you contribute to federal enforcement and consumer protection efforts on a national scale and help us identify trends and track the issues that matter most.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What do you do when your lawyer lies to you?

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.

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

How do you write a complaint letter about a 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 you write a grievance letter to an attorney?

Draft your letter.Your contact information, so your attorney can get in touch with you. Also, you should request a response from the attorney within a specified period of time.A clear statement of your complaint. ... An easily understood statement of facts that back up your complaint. ... A request for relief.

What are the grounds for disbarment?

Under Section 27,23 Rule 138 of the Rules of Court, a lawyer may be disbarred on any of the following grounds, namely: (1) deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful ...

How do I email the NYS Attorney General?

Contact Office by Mail: Office of the Attorney General. The Capitol. Albany, NY 12224-0341.Press Office Email: [email protected] Helpline: 1-800-771-7755.TDD/TTY Toll Free Line: 1-800-788-9898.Healthcare Hotline: 1-800-428-9071.Medicaid Fraud Control Unit: 212-417-5397.

How do I write a legal complaint letter?

What to SayInclude your name, address and phone numbers at home and work.If it is not possible to type your letter, be sure your handwriting is easy to read.Make your letter brief and to the point. ... State what you feel should be done about the problem and how long you are willing to wait to get the problem resolved.More items...

What does the US attorney general investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

How do I make a consumer complaint?

A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission.

How to contact OAG?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755.

Is a false complaint a misdemeanor?

Filing a false complaint is punishable as a Class A Misdemeanor.

Where to file a complaint against a lawyer in New York?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law. If the attorney is admitted to the bar of New York but does not maintain an office in this state, the complaint may be filed with any attorney grievance committee and, if necessary, it will be transferred to an appropriate committee in the judicial department of the Appellate Division in which the lawyer was admitted to the practice of law.

How to file a complaint against an attorney?

However, if a person believes that an attorney has acted unethically, that person may file a complaint against the lawyer simply by submitting a signed, written statement setting forth a clear, concise statement of the facts and circumstances of the alleged misconduct. No special legal knowledge is needed to file one. The complainant should provide copies of any documentary evidence that supports the claim and include the names and addresses of any witnesses who can support the allegations of the complaint.

What happens when a complaint is transferred to a grievance committee?

The staff attorney will notify the complainant in writing if this occurs and provide the contact information of the committee to which the complaint has been transferred.

What is a staff attorney complaint?

The staff attorney may conclude that a complaint describes conduct that, even if true, does not violate a provision of the Rules of Professional Conduct ( 22 NYCRR part 1200 ), and therefore does not involve professional misconduct. On occasion, an otherwise valid complaint may not be suitable for investigation due to other contributing factors. In such cases, the staff attorney will notify the complainant in writing and explain the reasons why the committee is unable to be of assistance.

What happens if an attorney does not answer a grievance?

The attorney has a professional obligation to comply with that request and the failure to submit an answer may, in and of itself, constitute professional misconduct. After the attorney’s answer is received, the grievance committee may further investigate the complaint by looking at any documents or court records that may help, speaking to witnesses, and speaking further, if necessary, to the complainant and to the attorney.

What are the rules of professional conduct in New York?

These rules state the standard of conduct below which no lawyer can fall without being subject to disciplinary action. Professional Discipline.

How many members are on the grievance committee?

The Attorney Grievance Committees. Each of the three attorney grievance committees in the Second Judicial Department consists of 21 members (no fewer than 3 whom are non-lawyers) who are appointed by the court.

What to do if you did not include information in your original complaint?

If you obtain some new evidence or informa-tion which you did not include in your originalcomplaint, you should contact the Committeeand request a reevaluation (even if your com-plaint was originally dismissed).

Is a lawyer supposed to be on your side?

Your lawyer is supposed to be on your side, andonly on your side. That means he or she shouldnot be representing someone who is againstyou in the legal matter, unless both you and theperson on the other side have agreed to it.

What to do if you are unsure about an attorney?

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:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What to do if you believe an attorney has committed professional misconduct?

If you believe an attorney has committed professional misconduct, you have the option of filing a complaint with the attorney regulatory authorities in your juris diction (links below).

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 ...

Why is the Attorney General responsible for law enforcement?

Law enforcement actions are taken by the Attorney General to protect the public good and to ensure a fair market place.

Can the Attorney General represent you in court?

Although the Attorney General’s Office will do its best to assist you, we are not authorized to represent individual consumers in court or provide legal or financial advice.

Does the Attorney General have jurisdiction over the law?

The Attorney General does not have jurisdiction over many areas of the law. For an extensive list of other agencies that may be able to assist you, please click here

Is it a misdemeanor to file a false complaint?

You should enclose copies of all relevant documents. Do not send us any original documents. Filing a false complaint is a Class A Misdemeanor. Please understand that in order to resolve your complaint we may send a copy of your letter to the person or firm you are complaining about.

WHO CAN I CONTACT FOR FURTHER INFORMATION OR IN ORDER TO MAKE A COMPLAINT AGAINST AN ATTORNEY?

The grievance committees which are appointed by the Appellate Division of State Supreme Court operate on a regional basis. On the reverse side of this brochure is a list of the grievance committees and the counties over which they have jurisdiction. The jurisdiction of the committees is based upon the location of the office of the attorney against whom a complaint is being made. Therefore, you should make your complaint or inquiry known to the grievance committee which covers the county in which the attorney’s office is located.

How to contact a lawyer in New York?

Check the Yellow Pages of your telephone directory for the number of your county bar association’s Lawyer Referral Service; if a Lawyer Referral Service does not operate in your county, you may call the New York State Bar Association’s Lawyer Referral and Information Service at 1-800-342-3661 from anywhere in New York State (from the local Albany dialing area, call 463-3200 ext. 2700), or visit NYSBA,

WHAT CAN I EXPECT FROM THE GRIEVANCE PROCESS?

The grievance process exists to protect the public. Committee panel members are not paid for their work, but volunteer to do this work in order to maintain the standards of the legal profession. By bringing a complaint to a committee’s attention, the public helps the legal profession achieve its goal. The committees act to resolve a complaint in a manner that is fair to both the complainant and the attorney. However, the only matters that will be addressed by the committees are questions of the ethical conduct of attorneys; they cannot represent you or give you legal advice. They cannot sue an attorney on your behalf, or seek the return of money or property from the attorney.

WHAT IS THE LAWYERS’ FUND FOR CLIENT PROTECTION?

The Lawyers’ Fund for Client Protection is an organization that was created by the State Legislature in 1981 to reimburse losses caused by the dishonest conduct of New York attorneys in the course of their practice. It is funded by attorneys practicing in New York, who are required to pay a biennial registration fee in order to practice. The Fund receives 20% of the fee. An individual need not be represented by a lawyer in order to submit a claim to the Fund. For more information on the operations of the Fund and the filing of a claim with the Fund, you may write to the Fund at 119 Washington Avenue, Albany, New York 11210, or call the Fund’s toll-free number, 1-800-442-FUND. Their website is at: http://www.nylawfund.org

WHAT IS THE ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM?

In the event of a fee dispute between an attorney and a client, the client may be entitled to request arbitration or mediation of the dispute through the Attorney-Client Fee Dispute Resolution Program established by the New York State Unified Court System. For information about the program, you may call 877-FEES-137 (877-333-7137) or visit http://www.nycourts.gov/admin/feedispute/index.shtml.

What is the jurisdiction of the grievance committee?

The jurisdiction of the committees is based upon the location of the office of the attorney against whom a complaint is being made. Therefore, you should make your complaint or inquiry known to the grievance committee which covers the county in which the attorney’s office is located. New York and Bronx Counties:

What is a county bar committee?

Each committee investigates the complaints received by it or, in some cases, refers the complaint to a county bar association for resolution.