how to file a formalcomplainy against an attorney in the state of michigan

Anyone may file a Request for Investigation against an attorney licensed by the State Bar of Michigan, or otherwise permitted by a court to practice in the state, by completing and signing the AGC’s Request for Investigation form or by sending in a signed letter.

Full Answer

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 Michigan State Bar?

The Attorney Grievance Commission processes complaints regarding Michigan Lawyers. Attorney Grievance Commission, PNC Center, 755 W. Big Beaver Rd., Ste. 2100, Troy, MI 48084; phone (313) 961-6585.

How do I report an attorney for wrongdoing?

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.

How do I file a complaint against a prosecuting attorney in Michigan?

Anyone may file a Request for Investigation against an attorney licensed by the State Bar of Michigan, or otherwise permitted by a court to practice in the state, by completing and signing the AGC's Request for Investigation form or by sending in a signed letter.

How do you write a grievance letter to an attorney?

Formal complaint against [name of lawyer or law firm] My complaint is that they failed to provide me with a satisfactory service when … 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].

How do I contact Michigan's Attorney General?

If you have questions regarding service of process on the Attorney General or the Department of Attorney General, please call 517-335-7622 or email the Department.

What is the most common reason for an attorney to be disciplined?

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

What is attorney misconduct in Michigan?

"(a) A lawyer having knowledge that another lawyer has committed a significant violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer shall inform the Attorney Grievance Commission.

What is the Michigan consumer protection act?

The Consumer Protection Act (1976 PA 331) in Michigan gives consumers, prosecutors, and the Attorney General a way to fight deceptive practices. This act prohibits many unfair and deceptive trade practices and gives prosecutors more power to enforce the law.

Who is the governing authority for licensing and monitoring attorneys in Michigan?

Welcome to the Attorney Discipline Board The Michigan Attorney Discipline Board is the adjudicative arm of the Michigan Supreme Court for discharge of its exclusive constitutional responsibility to supervise and discipline Michigan attorneys.

Who investigates corrupt judges in Michigan?

the Judicial Tenure CommissionComplaints can be directed to the Judicial Tenure Commission at 313-875-5110.

Who is the governing authority for licensing and monitoring attorneys in Michigan?

Welcome to the Attorney Discipline Board The Michigan Attorney Discipline Board is the adjudicative arm of the Michigan Supreme Court for discharge of its exclusive constitutional responsibility to supervise and discipline Michigan attorneys.

What You Need to Know Before You File a Complaint

Complaints and supporting materials become public records when they are submitted to the Attorney General’s office. This means that under the Michigan Freedom of Information Act, some of your materials may be disclosed to anyone who asks for them.

How We Process Your Complaint

Our mediation process includes a letter from our Consumer Protection Division to the business or individual identified in your complaint. A copy of your complaint and submitted materials will be included with a request for a response.

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 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 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 ...

How to get a copy of the AGC investigation form?

A copy of the Request for Investigation form can be requested by calling the AGC at 313-961-6585, or can be downloaded below. Requests for Investigation and any accompanying documents can be sent to:

What is required to be signed for a request for investigation?

The Request for Investigation may include copies of any relevant documents. Requests for Investigation are not accepted electronically or by facsimile at this time.

Can a grievance administrator institute an investigation?

The Grievance Administrator may also institute an investigation on his own based upon knowledge gained from other ways, such as news articles, court opinions, or information received in the course of a disciplinary investigation.

How to file a complaint against a judicial officer in Michigan?

Just click on the "Request for Investigation Form and Instructions" tab at the left to be directed to the page which contains the form (you will then have to click on "Request for Investigation" in the body of the text to open a PDF version of the form). Please note that only judges, magistrates, and referees who serve in the Michigan state court system fall within the jurisdiction of the Commission, so it may not act concerning federal judges, administrative law judges, and attorneys.

What happens after a request for investigation is filed?

After a request for investigation is filed, the Commission and its staff act as expeditiously as possible yet give every complaint careful attention. The Commission determines the scope of the staff’s investigation.

What happens after the Commission's decision?

After the Commission's decision, the grievant will be advised of the resolution in writing (but not details about the investigation or decision, based on the confidential nature of the Commission's operations). For additional information on the Commission procedures, including common questions asked about its investigations, ...

Can a grievant postpone a review of appellate options?

As the Commission lacks authority to change a judicial decision, a grievant who is a litigant should not postpone a review of appellate options while waiting for the outcome of a Commission investigation.

Who can investigate a complaint in Michigan?

The Commission may institute an investigation at the request of the Chief Justice of the Michigan Supreme Court or the State Court Administrator. The Commission may also consider complaints made anonymously, if submitted in writing including an explanation why the person is not disclosing his or her identity. It may open a file on its own if it learns of facts in other ways, such as news articles or information received in the course of an independent investigation.

Does the Commission have authority to take any action in a case?

The Commission does not have authority to direct judicial officers to take any action in a case.

How is a misconduct complaint decided?

The matter can be decided through a public hearing following which the hearing panel must issue a report determining whether the attorney engaged in misconduct. If misconduct is not found, the formal complaint must be dismissed. If misconduct is found,the hearing panel must then hold a hearing regarding the appropriate discipline to impose.

How long can an attorney be suspended?

Attorneys who are suspended for 179 days or less may be automatically reinstated to the practice of law upon the filing of an affidavit with the Supreme Court, the ADB, and the Grievance Administrator attesting that the attorney has fully complied with the terms and conditions of the order of suspension.

What is the ADB in Michigan?

A formal complaint is filed with the Attorney Discipline Board , which is the adjudicative arm of the Michigan Supreme Court involving the discipline of Michigan attorneys. The ADB appoints a hearing panel consisting of three volunteer attorneys to preside over the matter. The matter can be decided through a public hearing following which the hearing panel must issue a report determining whether the attorney engaged in misconduct.

What happens if you are convicted of a felony?

Attorneys who are convicted of a felony are automatically suspended by the ADB upon conviction, meaning the return of a guilty verdict or the acceptance of a guilty plea. Attorneys who are convicted of a misdemeanor must still report the conviction, but are not subject to an automatic suspension. The Grievance Administrator may initiate ...

What is a petition for reinstatement?

A petition for reinstatement is filed with the ADB, which will assign a hearing panel to determine whether the petitioning attorney should be reinstated to the practice of law. In these cases, the Grievance Administrator must conduct an investigation and file a report with the hearing panel.

When an investigation is concluded, the matter is submitted to the Commission for a final determination.?

When an investigation is concluded, the matter is submitted to the Commission for a final determination. Where warranted, the Commission can authorize the Grievance Administrator to file a formal complaint alleging professional misconduct against an attorney (respondent), as authorized by MCR 9.109 (B) (6).

How long do you have to file a petition for reinstatement?

Attorneys who are suspended for 180 days or more or are disbarred must file a petition for reinstatement. The burden of proof is on the petitioning attorney to establish by clear and convincing evidence that s/he is fit to resume the practice of law.

How to file a complaint against a lawyer?

1. Consider this your first option. If you have a legitimate complaint against your lawyer, start by sending them a personal letter. Oftentimes, an attorney will be happy to work with you to resolve your issue so it does not reach the state bar.

How to write a complaint letter to an attorney?

To draft a complaint letter against an attorney, start by including your address and a phone number where you can be reached. State your complaint clearly at the top of the letter, describing exactly why you are dissatisfied . Then, back your complaint up with as many facts as possible, including specific times and dates. End the letter with an actionable request for relief that will leave you satisfied, like a formal apology or refund. For more info on writing a complaint letter from our reviewer, including what complaints you can and cannot make, keep reading!

What to do if an informal complaint letter does not lead to the outcome you desire?

While this is your first option, if the informal complaint letter does not lead to the outcome you desire, you may have to file a formal complaint against your attorney.

What happens if my attorney doesn't respond to my complaint?

If your attorney fails to respond at all , your letter can be used as evidence during the formal complaint process.

How long do you have to file a complaint with the state bar?

These time limitations will vary by state, but in general it is a period of years. For example, in Florida, you have six years from the time the matter giving rise to the complaint is discovered.

What happens if a lawyer doesn't raise ethical issues?

If your lawyer's conduct does not rise to the level of an ethical violation, your complaint will be thrown out. You may not like what your lawyer does, but that does not necessarily mean you have a legitimate complaint against them.

What happens if you hire an attorney to represent you?

When you hire an attorney to handle a particular legal matter, you are creating a relationship that comes with certain rights and responsibilities. If you feel your rights have been violated by the attorney you hired to represent you, you may be able to write a letter or file a complaint against that attorney. Steps.

How to write a complaint letter to an attorney?

To write a complaint letter about an attorney, you can simply write the attorney a letter; however, if you want to take action and prepare an official complaint letter, you'll file a grievance with the state's attorney regulatory agency where your attorney is admitted to practice. You can set forth, in writing, everything he did that you think violated the law or the Rules of Professional Responsibility.

How to write a complaint against a lawyer?

If one isn’t available, you can write a letter, which you might elect to do anyway so you have more space to clearly explain your allegations. List the facts of her transgression, attaching proof if you have any. Cite the Rule of Professional Conduct that you believe your lawyer broke. If you have witnesses, name them and give contact information for them. You’ll have to sign the letter and include contact information for yourself as well, since most states will not allow you to make complaints anonymously.

How to cite a lawyer who broke the rule of professional conduct?

Cite the Rule of Professional Conduct that you believe your lawyer broke. If you have witnesses, name them and give contact information for them. You’ll have to sign the letter and include contact information for yourself as well , since most states will not allow you to make complaints anonymously .

What happens if an attorney fails?

If your attorney fails you, it’s natural that you’d want to complain to someone – and you can under some circumstances.

What happens if you don't have a complaint?

If you don’t have a reasonable complaint, you’ll probably receive a letter or notice stating that the committee is not going to investigate your charge.

Where to file a complaint in New York?

Exactly to whom you should submit your complaint varies by jurisdiction, but you can check your state’s website or call the state bar association to find out. New York has grievance committees assigned to each court district, but in California, you would go to the state bar. In New Jersey, the Supreme Court’s Office of Attorney Ethics handles complaints through district ethics committees situated around the state.

Who is Beverly Bird?

Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues.