how to make a formal complaint on an attorney in calif

by Hank Johnston 7 min read

There are a variety of ways to address problems with an attorney, in addition to filing a complaint with the State Bar. Call the State Bar's intake hotline if you have any questions at 800-843-9053 (in California) or 213-765-1200 (outside California). Request arbitration for a high bill

Filing an attorney complaint
You may also call the State Bar's multilingual intake hotline at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.

Full Answer

Should I verify my complaint in California?

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 file a complaint against an attorney?

File your on-line complaint with the FTC or call in your complaint at (888) 382-1222 (same as registration toll-free number). For hearing impaired, the TTY complaint line is (866) 290-4236. You will need to furnish in your complaint the name of the company calling and/or telephone number of the company that called and the date of the call.

How to find out about complaints on attorneys?

Complaints not submitted online must be submitted to the commission office: COMMISSION ON JUDICIAL PERFORMANCE 455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102. You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone.

How to write a complaint letter about an attorney?

Any information you provide in the Formal Complaint, including, but not limited to, your name, address, city, state, zip code, telephone number, e-mail address, and the facts of your case, may be publicly available online. If you need help understanding the formal complaint process, please contact CPUC’s Public Advisor's Office at [email protected] or a toll-free phone 1 …

What are the most common complaints about 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.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can you sue an attorney in California?

When you seek the legal advice of an attorney, you are owed a duty of care. If your attorney failed to render the services agreed upon, you have the legal right to file a lawsuit against your attorney.

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 are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is unethical behavior examples?

5 Most Common Unethical Behaviors Ethics Resource Center (ERC) SurveyMisuse of company time. Whether it is covering for someone who shows up late or altering a timesheet, misusing company time tops the list. ... Abusive Behavior. ... Employee Theft. ... Lying to employees. ... Violating Company Internet Policies.Jul 2, 2016

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

Can I sue a lawyer for lying?

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.May 8, 2020

Can I talk to another lawyer if I already have one?

Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018

How do I lodge a complaint against a lawyer in South Africa?

Processes. Members of the public can lodge complaints against any law professional through a legal hotline called the “Trustline” initiative which is run by the Law Society of South Africa and the Attorneys Fidelity Fund. The public can lodge complaints at 0800-202-036 or at [email protected].

How do I write a complaint letter to my 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 often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

What to do if you are complaining about a lawyer?

If you are complaining about some other attorney, provide any court documents or communications with the attorney which will help to explain your complaint .

What happens if you send a copy of a document to the state bar?

All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction. If you are complaining about an attorney who represented you, provide copies of written fee agreements, payments or other communications (written or electronic) to the attorney.

How many languages does the state bar accept?

The State Bar accepts complaints in over 200 languages. If you need translation services to communicate with the State Bar, please let us know by completing the Translation Information section. We will communicate with you through a translation service in the language of your choice. If you have a trusted friend or family member whom you would prefer to provide translation assistance and that person will accept communications from the State Bar in English, please provide their contact information in the Translation Information section.

Can OCTC give legal advice?

For example, OCTC cannot give you legal advice or perform legal service for you (such as pursuing damages or other legal action against the attorney (s) involved in your complaint). You may have legal remedies available to you, but OCTC cannot advise you on your rights in a given situation or what you should do.

Can an attorney be reimbursed for misappropriation of client funds?

OCTC can seek an order of restitution if an attorney has misappropriated client funds. In addition, the State Bar's Client Security Fund (CSF) may reimburse funds dishonestly taken by the attorney (but not simply because the lawyer acted incompetently, committed malpractice or failed to take certain action).

Can an attorney be disciplined for a violation of the California State Bar Act?

OCTC can recommend that an attorney be disciplined only for a violation of the California State Bar Act or the California Rules of Professional Conduct. OCTC cannot act as your attorney or otherwise help you in legal matters connected with your complaint.

What is the phone number for the state bar?

If you have further questions, you may call the call center at 800-843-9053. Also, the State Bar pamphlet Having A Problem With Your Lawyer is available online. The pamphlet has helpful answers to questions about dealing with an attorney.

What is the number to call a lawyer?

But sometimes attorneys don’t act in the best interests of their clients. 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.

Why do consumers lose money?

Consumers sometimes lose money or property because of an unethical attorney’s actions. Find out about the State Bar’s Client Security Fund and what you can do to recover lost money or property.

Can the state bar charge a consumer?

The State Bar doesn’t oversee how much an attorney can charge consumers. But if you feel that your bill is too high, you can ask for Mandatory Fee Arbitration to resolve the dispute.

What is the TTY complaint number?

For hearing impaired, the TTY complaint line is (866) 290-4236. You will need to furnish in your complaint the name of the company calling and/or telephone number of the company that called and the date of the call. Without the information, possible violations cannot be investigated. Cómo presentar una queja.

What is the number to call if you have been called by a telemarketer?

File your on-line complaint with the FTC or call in your complaint at (888) 382-1222 (same as registration toll-free number).

Is the Attorney General liable for translation errors?

The Office of the Attorney General is un able to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool.

What should a complaint state?

Case type, name, and number, if the conduct involves a case, and your relationship to the case. A complaint should not simply state conclusions, such as “the judge was rude” or “the judge was biased.”. Instead, the complaint should fully describe what the judicial officer did and said.

What happens if a public discipline is issued?

When public discipline is issued, the notice of such discipline is provided to the complainant.

Does the Commission have authority over federal judges?

However, the commission does not have authority over federal judges, workers’ compensation judges, judges pro tem or private judges. (See Questions 10 through 14 on the FAQ’s page for further information.)

Who has jurisdiction over former judges?

The commission also has jurisdiction over former judges for conduct prior to retirement or resignation. Additionally, the commission shares authority with the superior courts for the oversight of court commissioners and referees.

Is an error in a judge's decision or ruling, by itself, misconduct?

An error in a judge’s decision or ruling, by itself, is not misconduct. Appeal may be the only remedy for such an error, or there may be no remedy. The commission is not an appellate court. The commission’s authority is limited by law to investigating the complaint and, if appropriate, imposing discipline.

What should a complaint describe?

Instead, the complaint should fully describe what the judicial officer did and said. If a court document, such as a minute order or transcript, or an audio or video recording shows the misconduct, you may submit a copy (do not send original documents) or mention it in your complaint.

How long does it take to file a complaint against a court commissioner?

If your complaint is about a court commissioner or referee, provide copies of your correspondence to and from the local courts; your complaint must be received within 30 days of the mailing of the local court’s response.

How is a complaint acknowledged?

Each complaint is acknowledged by letter when it is received at the commission office. The commission considers each complaint and determines whether sufficient facts exist to warrant an investigation or whether the complaint is unfounded and should not be pursued. Until the commission has authorized an investigation, staff does not contact the judge or court personnel; however, to assist the commission in its initial review of a complaint, the commission’s legal staff will research any legal issues and may obtain additional relevant information from the complainant. The commission’s procedures are explained in Overview of Commission Proceedings and Commission Proceedings Chart.

How many attachments can you upload to a complaint form?

As part of the online complaint form, you may upload up to 10 attachments, with a maximum of 10 MB each. Allowable file types are jpg, pdf, doc, docx, xls, png, mov, and mpeg.

What should be included in the description of conduct section of a complaint?

In the Description of Conduct section, provide a detailed description of the action or behavior that you believe is misconduct. A complaint should not simply state conclusions, such as “the judge was rude” or “the judge was biased.”. Instead, the complaint should fully describe what the judicial officer did and said.

Where to mail supporting documents?

If you would like to submit supporting documents separately, you may mail them to the commission office at Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102, or fax documents under 10 pages to (415) 557-1266.

Does the Commission contact the judge?

Until the commission has authorized an investigation, staff does not contact the judge or court personnel; however, to assist the commission in its initial review of a complaint, the commission’s legal staff will research any legal issues and may obtain additional relevant information from the complainant.

How long does it take to speak to an attorney about a complaint?

The average time to speak to the attorney assigned to your complaint is between 7 and 14 days. Note that the Office of Attorney Regulation Counsel generally does not handle complaints about judges, such as complaints about the way a judge handles a case or issues decisions.

What is the first step in the complaint process?

When you call the office with a complaint or use the online complaint form, you will be connected to the central intake division , which is the first step of the complaint process. For telephone complaints, a non-lawyer investigator in the central intake division will ask you questions about your complaint.

Who can apply the Code of Judicial Conduct to magistrate judges?

The Office of Attorney Regulation Counsel also may be authorized to apply the Code of Judicial Conduct to certain other judges, including magistrate judges. For more information on what to expect when filing a complaint, please visit our FAQs.

Can an attorney review a judicial decision?

It is important to understand that Attorney Regulation Counsel cannot review a judicial decision made by a magistrate or judge. Also, the attorney assigned to your complaint does not represent you and cannot assist you in your legal matter.

Your Information

  • Please provide your name, address, zip code, email address (if available), and telephone numbers (work, home and cell).   Complaints are confidential unless charges are filed. So that we may prompt...
See more on apps.calbar.ca.gov

Attorney’s Information

  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of co…
  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of complaint for each attorney.
  4. If any of the blank spaces do not apply to your case, write N/A (Not Applicable). If you do not know the size of the attorney’s law firm, please state “Unknown” for Size of Law Firm.

Attachments

  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  3. If you have already submitted a complaint and would like to add additional supporting documents, please click here.

Translation Information

  • The State Bar accepts complaints in over 200 languages. If you need translation services to communicate with the State Bar, please let us know by completing the Translation Information section. We will communicate with you through a translation service in the language of your choice. If you have a trusted friend or family member whom you would prefer to provide translati…
See more on apps.calbar.ca.gov

After You Submit

  • The State Bar will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. This chart explains what happens after you file a complaint.Thank you for your cooperation.
See more on apps.calbar.ca.gov