how to file a complaint against the district attorney in nc

Present the summons, complaint, cover sheet and filing fee to the Clerk of Court. The Clerk will file stamp the cover sheet and complaint and retain the originals to be filed. It is common to have several copies of the complaint; the Clerk will file stamp all copies and return the copies to the attorney.

Full Answer

How to file a complaint with the North Carolina Department of Justice?

How can I file a complaint against an attorney? Grievances against lawyers who are licensed to practice law in North Carolina should be filed with the North Carolina State Bar. For additional information on filing a complaint, contact the NC State Bar or call the Bar at (919) 828-4620. Legal Services, Uncategorized.

Can I file a grievance with the North Carolina State Bar?

Once you have decided that you want to file a grievance with the North Carolina State Bar, it is easy to get started. Just fill out a State Bar grievance form or send us a letter describing the problem. You can get a grievance form by clicking here or by calling our office at 919-828-4620. We can also send you a brochure describing the grievance process.

How does the State Bar investigate a complaint against a lawyer?

The purposes of the NC State Bar’s disciplinary process are to protect the public from harm that could result from unethical conduct of lawyers, and to protect the integrity of the justice system. The process begins when allegations of possible professional misconduct come to the State Bar’s attention. Discipline Process - What to Expect.

What is the NC State Bar’s disciplinary process?

After the paperwork is completed, the lawsuit is ready for filing. Present the summons, complaint, cover sheet and filing fee to the Clerk of Court. The Clerk will file stamp the cover sheet and complaint and retain the originals to be filed. It is common to have several copies of the complaint; the Clerk will file stamp

Who or what regulates the practice of attorneys in North Carolina?

The North Carolina State BarThe North Carolina State Bar was created in 1933 by the North Carolina General Assembly as the government agency responsible for the regulation of the legal profession in North Carolina. The State Bar currently regulates over 28,000 licensed lawyers.

How do I file a complaint in North Carolina?

You may wish to file a consumer complaint with the North Carolina Consumer Protection Division. You can file a complaint online or call 1-877-5-NO-SCAM for assistance.5 days ago

What is general complaint?

General Complaint means a Complaint that the Disciplinary Panel determines is not a Trade Mark Complaint or a Patent Complaint; Sample 1.

How do I contact the NC Attorney General?

North Carolina Attorney General's Office: Josh SteinAddress 114 W Edenton St. Raleigh, NC 27603.Phone (919) 716-6400 Attorney General Josh Stein Office.Phone 877-566-7226 Consumer Protection.

How do I file a complaint with the attorney general's office?

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. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

How much does it cost to file a civil suit in North Carolina?

In North Carolina, the Clerk of Court charges a $200 fee for the complaint to be filed.

What are the four types of complaints?

When customers are dissatisfied with the service you're providing, they will be one of four kinds of complainers: aggressive, expressive, passive or constructive.

How do I write a complaint report?

When writing a complaint letter you should:describe your problem and the outcome you want.include key dates, such as when you purchased the goods or services and when the problem occurred.identify what action you've already taken to fix the problem and what you will do if you and the seller cannot resolve the problem.More items...

What are the two types of complaints?

There are two types of complaints; misconduct and overcharging.

Does North Carolina have a Consumer Protection Act?

The North Carolina Unfair and Deceptive Trade Practices Act, for instance, regulates how entities tell consumers about the products they provide. And the Consumer Economic Protection Act helps parties resolve foreclosure issues for owner occupied residential real estate.

Who is the North Carolina District Attorney?

Your District Attorney District Attorney Matt Delbridge was born in Durham and raised in Goldsboro, North Carolina.

Who is the current NC Attorney General?

Josh Stein (Democratic Party)North Carolina / Attorney generalJoshua Stein is an American lawyer and politician who serves as the 50th and current Attorney General of North Carolina, a position he has held since 2017. A Democrat, Stein previously served as a member of the North Carolina Senate representing District 16, located Wake County. Wikipedia

How to get a copy of NC state bar trial schedule?

You can get a copy of the commission's trial schedule from the NC State Bar's website or by calling our office (919.828.4620). If your grievance is referred to the DHC for trial, bar counsel handling the DHC case will let you know and will tell you if you will need to testify at the trial.

What is a disciplinary hearing commission?

What Is the Disciplinary Hearing Commission? The Disciplinary Hearing Commission (DHC) acts as the North Carolina State Bar's trial court. It is composed of 12 lawyers and 8 public members, who sit in panels of three to hear complaints of lawyer misconduct referred to it by the Grievance Committee.

What happens in the first phase of a DHC trial?

In the first phase, the DHC panel hears evidence and then decides whether the charges of misconduct against the respondent have been established. If misconduct is found by the DHC panel, the second, or disciplinary phase of the trial, takes place.

How long does it take to respond to a grievance?

If an investigation is needed, the respondent will usually be asked to respond in writing to your grievance. The respondent has 15 days to respond, but can ask for more time. The State Bar's investigators may also talk to witnesses and gather evidence.

How long does it take to get a lawyer's license back in NC?

A disbarred North Carolina lawyer must wait at least five years to ask for his/her license back. The disbarred lawyer must prove that s/he has reformed, that reinstatement will not harm the public, and that s/he has complied with other requirements set out in the NC State Bar's procedural rules.

What is the job of a lawyer volunteer committee?

The committee members' job is to review your grievance, the lawyer's response, and the results of the investigation and decide if there is enough evidence to prove that the lawyer did something unethical.

Can a grievance be made public?

Grievances are not made public unless and until the Grievance Committee decides that a complaint against the respondent lawyer should be filed with the Disciplinary Hearing Commission (see below). However, the respondent lawyer will know about your grievance because he or she will be asked to respond.

Alternatives to Filing a Grievance

You're not happy with your lawyer. You may be able to resolve the problem without filing a formal complaint against the lawyer with the North Carolina State Bar. The State Bar offers two programs to assist you.

Filing a Grievance

If you have decided that you want to file a grievance with the North Carolina State Bar, find out how to start the process.

Grievance Definitions

These definitions are used throughout this website. You should refer back to these definitions if you do not understand a term used.

What to Expect in the Disciplinary Process

The purposes of the NC State Bar’s disciplinary process are to protect the public from harm that could result from unethical conduct of lawyers, and to protect the integrity of the justice system. The process begins when allegations of possible professional misconduct come to the State Bar’s attention.

Roadmap of the Disciplinary Process

This roadmap offers a more detailed explanation of the disciplinary process, and contains citations to the specific statutes and rules not contained in "What to Expect from the Disciplinary Process."

Client Security Fund

If you believe that you lost money as a result of a lawyer's dishonesty, you may wish to file a claim with the State Bar's Client Security Fund.

My Lawyer is Deceased, Disabled, Disbarred, or Missing

These are the steps you should take if your lawyer dies, becomes disabled, is missing, or has been disbarred.

Who is subject to the Ethics Act?

Complaints may be filed against those State officials who are subject to the Ethics Act, which means anyone who is included in that law's definition of a “covered person” or legislative employee. These individuals include “public servants” (statewide elected officials, members of “non-advisory” State boards and commissions ...

Is a complaint considered confidential?

Complaints, responses, and other documents connected to the investigation are strictly confidential and are not public records. (link is external) , unless: a. The individual against whom the complaint was filed authorizes release; or, b. For “ public servants ,” when a hearing commences.

2 attorney answers

You can complain to the Public Defender's Office and to the elected District Attorney, Mr. Ozanne, but you'll need to articulate your complaint much more thoroughly than here. The PD does not represent your family, but you. He/she is very busy and has to...

Charles K. Kenyon Jr

Nothing in what you have written here will support a complaint against your attorney for unprofessional conduct. Your attorney is not obligated to represent members of your family -- and, as a public defender, your attorney may not do so unless appointed to represent by the court.

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 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 JS 44?

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

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.