how to file a complaint against an attorney in ny first department

If you believe a lawyer has behaved in an unethical or dishonest manner, you may file a signed complaint, in writing, with the: Attorney Grievance Committee Supreme Court, Appellate Division First Judicial Department 180 Maiden Lane New York, New York 10038 Telephone (212) 401-0800 Email: [email protected]

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How do I file a complaint against a lawyer in New York?

your complaint there if your attorney does not have an office in Manhattan or the Bronx. If you believe a lawyer has behaved in an unethical or dishonest manner, you may file a signed complaint, in writing, with the: Attorney Grievance Committee Supreme Court, Appellate Division First Judicial Department 180 Maiden Lane New York, New York 10038 Telephone (212) 401 …

How to file an AD1 complaint in New York City?

unethical or dishonest manner, you may file a signed complaint, in writing, with the: Attorney Grievance Committee Supreme Court, Appellate Division First Judicial Department 61 Broadway, 2nd Floor New York, New York 10006 Telephone (212) 401-0800 Hours: Monday-Friday, 9 A.M.-5 P.M. The Attorney Grievance Committee of the First

How to file a complaint of discrimination in New York City?

First Judicial Department 180 Maiden Lane 17th Floor New York, New York 10038 (212) 401-0800, fax: (212) 401-0810. The Committee's complaint form can be found here. If your lawyer's office is located in Brooklyn, Queens or Staten Island, the appropriate committee is: Attorney Grievance Committee for the

How do I file a complaint against a company?

To initiate a claim, you should contact: Lawyers' Fund for Client Protection 119 Washington Avenue Albany, NY 12210 (518) 434-1935 or 1-800-442-FUND www.nylawfund.org The Fund will send you a form which asks for the facts surrounding your claim. If you have difficulty in filling out the form, you may call the Fund and ask for assistance.

What to do if a lawyer misappropriates your money?

If you believe that a lawyer has misappropriated your money or other assets, you may wish to consult the Lawyers' Fund for Client Protection (Fund) about probable reimbursement from the Fund. Complete information about the Fund and its procedures, its contact address, telephone numbers and claim forms may be found on the Fund’s Website, http://www.nylawfund.org. The Fund may also be reached at:

What is a letter of advice for a lawyer?

In some cases, the investigation may reveal that the lawyer engaged in conduct that requires comment but does not warrant the imposition of discipline. In such cases, the AGC will send the lawyer a “Letter of Advisement.” This is a private letter which states that while the lawyer may not have engaged in conduct that is in violation of the Rules, the AGC finds that the lawyer’s conduct requires comment. If a Letter of Advisement is issued you will receive a notice informing you that such a letter was sent, that it will be kept in the lawyer’s permanent file and that it may be used against the lawyer should there be any future ethical violation.

What is a letter of admonition?

In such cases, the AGC will send the lawyer a "Letter of Admonition." This is a private sanction which states that the AGC finds the lawyer's conduct to be in violation of the Rules. For example, such letters may be sent to lawyers who neglect a legal matter or fail to return client property promptly. If a Letter of Admonition is issued you will receive a notice informing you that such a letter was sent, that it will be kept in the lawyer's permanent file and that it may be used against the lawyer should there be any future ethical violation.

What happens if a staff attorney is screened?

If a Staff attorney, after second screening of a complaint, finds that further investigation is warranted, that recommendation is reviewed by the Chief Attorney. If approved, the matter is assigned to one of the Staff attorneys to conduct further investigation which may require issuing subpoenas for documents and records as well as interviewing witnesses, including at times the complainant and the lawyer whose conduct is being investigated.

How long can a lawyer be reinstated?

A lawyer who has been disbarred or stricken from the roll of attorneys may not petition for reinstatement until the expiration of seven years from the effective date of disbarment . For directions on what a petition for reinstatement must contain, please refer to 22 NYCRR 1240.16 and 22 NYCRR Part 1240, Appendixes C and D.

What is a formal disciplinary proceeding?

In a case involving an allegation of serious unethical conduct supported by substantial evidence , it may be determined that a formal disciplinary proceeding should be commenced against the lawyer. Recommendations to proceed with a formal disciplinary proceeding (the first step required for the imposition of a public sanction such as a public censure, suspension or disbarment) are presented by the Staff attorneys to the AGC members for their approval.

Can a lawyer resign from the bar?

The Court permits a lawyer to resign from the bar during an investigation by the AGC or after the commencement of a formal disciplinary proceeding if the lawyer submits an affidavit in compliance with 22 NYCRR 1240.10 and Part 1240, Appendix A, acknowledging that the lawyer knows the nature of potential charges which are set forth in the affidavit and cannot successfully defend against them. A resignation during the pendency of an investigation is equivalent to disbarment.

What happens if the initial screening reveals that the complaint is within the AGC's authority andmay involve an

If the initial screening reveals that thecomplaint is within the AGC's authority andmay involve an ethical violation, the Staff willcarry out an initial investigation. During thisinvestigation, the lawyer will be sent a copy ofyour complaint and will be given theopportunity to respond to it (answer). You, inturn, may be given an opportunity to reply tothe lawyer's answer (reply).

Is there a charge for submitting a complaint to the AGC?

There is no charge for submitting a complaintto the AGC. Review, investigation, andprosecution of your complaint are paid for bythe State of New York. If you retain a lawyer toassist you in the complaint process, which isnot necessary, you are responsible for thelawyer's fee.

What should be included in a complaint letter?

The materials in your complaint should include the names, phone numbers and addresses of you and your attorney as well as copies of any pertinent documents, papers, and other information connected to the complaint.

What to do if you believe a lawyer violated the Rules of Professional Conduct?

If you believe a lawyer may have violated the Rules of Professional Conduct, you can write a letter to the appropriate Attorney Grievance Committee or fill out and submit a form available from their websites. The form or letter should be as clear, specific and detailed as possible when explaining your complaint.

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).

What is initial review?

Initial Review:Every complaint is reviewed. Ifthe Committee determines that the facts of yourcomplaint do not describe a possible violationof the Code, it will advise you that an investi-gation is not warranted.

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 happens if a complaint is found to be a fee dispute?

If your complaint is found to be a fee dispute, not involving unethical conduct, you will be so advised. You may be referred to a committee on conciliation of fee disputes, which will attempt to assist you and the lawyer to reach a fair settlement of the problem.

What is the attorney grievance committee?

Attorney Grievance Committees are authorized to investigate, review, and prosecute complaints of attorney misconduct within the Fourth Judicial Department. This agency has jurisdiction over approximately 14,588 lawyers with a 22-county geographic area, with three district offices, located in Syracuse, Rochester, and Buffalo.

What are the rules of professional conduct?

All lawyers promise when they enter practice to uphold the law and to be guided by rules of ethics, known as the Rules of Professional Conduct, which have been adopted by our Appellate Division of the State Supreme Court . A lawyer who commits a breach of this code of professional conduct is subject to discipline which, in some cases, ...

Can a committee represent you?

However, the committees 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 your attorney. The only matters that will be addressed by the committees are questions of the ethical conduct of attorneys.

Is disciplinary investigation confidential?

Consequently, the investigation of a complaint and disciplinary proceedings are kept confidential pursuant to state law. An honest disagreement about how a case should be handled-or should have been handled-does not constitute unethical conduct. There can be legitimate differences about fees, of course.