You may request a Statement of Complaint Form by mail, by calling the Professional Compliance Office Hotline at 1-800-822-2113 (if you are calling from within Pennsylvania) or at 1-717-783-4854 (if you are calling from outside Pennsylvania). Return the completed form to the Professional Compliance Office at: Department of State, Professional Compliance Office, PO Box 69522, 2601 North Third Street, Harrisburg, PA 17106-9522. Be sure to include any attachments and supporting documents (legible copies, no originals) that you wish to provide in support of your complaint.
The Order to Show Cause sets forth allegations and directs the licensee (Respondent) to file a written Answer to those allegations within 30 days.
After the Respondent files an Answer, the matter is generally scheduled for hearing. If the matter is scheduled for hearing, the case is heard and a decision, known as an Adjudication and Order, is rendered, usually within six (6) months after the evidentiary record has been closed. If the Respondent is unhappy with the outcome, he or she may appeal the decision to Commonwealth Court.
Disciplinary actions are a matter of public record and are subject to release by the Department of State's Office of Communications and Press to various news agencies in the Commonwealth.
The Pennsylvania Department of State receives complaints concerning the licensees and registrants of the following 29 professional and occupational licensing boards & commissions regulated by the Department's Bureau of Professional and Occupational Affairs.
Decisions about whether or not to prosecute cases are constrained by the applicable licensing laws, rules and regulations, which set forth specifically enumerated offenses for which the licensing boards and commissions may impose discipline on a licensee. If offensive conduct or activity does not fit within any specifically enumerated offense, disciplinary action cannot be filed against the licensee because the activity is not within the applicable board or commission's jurisdiction
Consumers can make complaints to the Pennsylvania Bar Association Disciplinary Board through the website or by printing or requesting a paper form from them. The complaint should include:
The hotline is only for members of the bar to request an assessment of their own options in complicated situations. Complaints of misconduct are appropriate when a lawyer is breaking the law or engaging in deceptive conduct or provides such poor-quality service that his clients suffer because of it.
Why? Legitimate gray areas exist when it comes to practicing law that might require a lawyer to violate one rule to uphold more important responsibilities. Ethical quandaries are commonplace in the profession and the reason behind the PA Disciplinary Board Ethics Hotline. The hotline is only for members of the bar to request an assessment of their own options in complicated situations.
Academically speaking, there are four types of widely recognized prosecutor misconduct: Offering inadmissible evidence in court. Suppressing evidence from the defense.
It’s important to be as thorough as possible as the Disciplinary Board will only investigate the information provided. While these filings are confidential, it’s customary to include the names and contact details of any other people involved in the incident.
Public Censure ─ Must appear before the Supreme Court for censuring.
The Pennsylvania Bar Association Disciplinary Board can opt for public or private disciplinary measures against an offending lawyer. When consumers request information about a member of the PA Bar Association, complaints and public disciplinary measures are reported. Also, this information is not available through the PA Disciplinary Board Ethics ...
No, but it is strongly encouraged that you do. Although the Board does accept anonymous complaints, they are much more difficult to investigate.
There are two versions of our Request for Investigation form available. The first version is for Microsoft Word. If you have Microsoft Word, open the complaint form. You can then fill out most (all but date and signature) of the form in Word, Print It, Sign It, and Mail it to us.
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:
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).
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.
Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...
As with most other states, filing a complaint is the first step to beginning a lawsuit in Pennsylvania. This is the document in which you lay out the allegations against the defendant and allege how you have been harmed. Keep in mind that you do not need to try and prove your allegations in the complaint. You are only alleging what happened.
Once the complaint has been drafted in the proper style and format, the plaintiff will need to file it at the appropriate courthouse and pay the applicable filing fee. If a plaintiff has limited financial means, they may be able to qualify for a fee waiver/deferral and can ask the court clerk for a fee waiver application.
Once served, the defendant will have a certain amount of time to respond by filing an ‘Answer’ to the complaint. After an answer has been filed, both sides will engage in ’Discovery’, where they are required to disclose information to each other.
After discovery is complete, a hearing or trial will be set and both sides will present their case to a judge, jury, or private arbitrator. This includes submitting exhibits and interviewing witnesses.
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.
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.
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.
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.”
Conflicts of interest. Lawyers owe a duty of loyalty to their clients, which means they must act with the client’s best interests in mind. This includes avoiding situations that would create a conflict of interest—such as representing two clients on opposite sides of the same case or taking on a new client who wants to sue an existing client.
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.
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.