Have a clear subject line to the letter so that it is apparent what the message is regarding. Summarize the date, time, and reason for your termination and who fired you. Be direct in stating the complaint, and detail your account of what has happened.
Full Answer
Individuals who file grievances in good faith against a North Carolina lawyer are protected by statute from retaliation. Q: Do I need a lawyer to help me file a grievance? No. All you have to do is tell us what the lawyer did that you think was improper. Bar counsel will conduct the investigation and any legal research that may be necessary.
1 Be specific. It is more helpful to say "my lawyer didn't tell me when my court date was" than "my lawyer violated my rights." 2 Include documents or evidence that explain or support your grievance, but do not send your only copy of valuable items. ... 3 Be complete. ... 4 Identify witnesses and give their contact information. ...
Some lawyers make the mistake of failing to respond fully because they believe the grievance has no merit or because they resent spending the time to prepare a response. Sketchy or incomplete responses could cause the Grievance Committee to misunderstand the facts and to take action it might not have taken if presented with adequate information.
The Grievance Committee decides grievances against lawyers based on the written grievance, the respondent's response, and the results of the NC State Bar staff's investigation. The committee does not hear live testimony and its meetings are not open to the public, including the complaining party and the respondent.
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.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
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.
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
Letter of Warning – written communication from the Grievance Committee or the DHC to a lawyer stating that the lawyer's conduct, while not the basis for discipline, is an unintentional, minor, or technical violation of the Rules of Professional Conduct and may be the basis for discipline if continued or repeated.
Reprimand – a written form of discipline more serious than an admonition issued in cases in which the respondent has violated one or more provisions of the Rules of Professional Conduct, causing harm or potential harm to a client, the administration of justice, the profession, or a member of the public, but the misconduct does not require a censure.
Malpractice – when a lawyer fails to exercise an accepted degree of professional learning or skill when rendering legal services to a client which results in injury or loss to the client. A claim of malpractice must be made in a court of law. A violation of the Rules of Professional Conduct is not malpractice.
Bar Counsel - a North Carolina State Bar staff lawyer who investigates and/or prosecutes disciplinary charges against the respondent.
Admonition – a written form of discipline imposed in cases in which a lawyer has committed a minor violation of the Rules of Professional Conduct.
Grievance – the complaint filed against a lawyer by a client, member of the public, or another lawyer.
Disciplinary Hearing Commission (DHC) - the trial arm of the North Carolina State Bar. It is composed of 12 lawyers and 8 nonlawyers.
For Admonitions: it goes in your Bar file permanently and can be used against you as aggravating prior discipline; the complainant is informed you were admonished and provided with a summary of the discipline ;
For Letters of Caution: it goes in your Bar file for 1 year, after which it can’t be used against you as aggravating prior discipline; the complainant (if there is one) is informed that the grievance was dismissed but that you were cautioned for unprofessional behavior;
In addition to the aforementioned written discipline possibilities, the DHC can suspend a lawyer’s license for up to five years or disbar them from the practice of law altogether. Suspensions can be stayed for all or a portion of the timeframe selected by the panel, and conditions can be imposed on a stay or on reinstatement from disbarment; though some conditions are more common (completing additional CLE requirements, setting up a practice monitor, repaying money to a client or victim, submitting regular trust accounting documentation to the State Bar), others are a bit more unique (sending a written apology to the victims, getting a psychological evaluation, submitting to regular drug testing). Appeal from the DHC is to the North Carolina Court of Appeals.
Refer the grievance to the Disciplinary Hearing Commission (when the Grievance Committee believes suspension or disbarment is appropriate).
Refer the lawyer who is the subject of the grievance to the Trust Accounting Compliance Program (usually for non-theft, less serious trust account violations; the TAC Program is basically trust account school)
The panel can issue any level of discipline, including dismissal; they aren’t limited by anything that happened at the grievance stage. Thus, even if the case is referred directly to the DHC by the Grievance Committee, the DHC can still decide to issue something less than suspension or disbarment: they could issue you an admonition or even outright dismiss the charges against you by finding you didn’t violate the Rules. However, the inverse is true, as well: even if you rejected private, written discipline from the Grievance Committee to get before the DHC, the DHC can still suspend or even disbar you.
At the outset, note the date you receive the Letter of Notice; the rules provide you 15 days to respond, though reasonable extensions are usually granted. Then, take a deep breath; refrain from screaming at anyone or destroying evidence or lashing out at the State Bar or the complainant, if there is one.
Before You File a Complaint 1 Read our consumer tips, which can help you avoid future problems. 2 Remember that our office can’t give you legal advice or provide legal representation to individual consumers. 3 Our office generally doesn’t get involved in matters that are scheduled or have already been heard in a court of law or closed by the agency with proper jurisdiction. 4 Know that documents you provide to us may be public record.
Providing supporting documents helps us respond to your complaint more quickly. Include legible copies of supporting documents such as:Please submit copies of your supporting documents, not originals.
For a vehicle sales complaint: submit copies of the bill of sale, credit contract, and any correspondence related to the problem.
If we cannot find a resolution, we may suggest that you file an action in Small Claims Courtor that you consult a private attorney.
CONTACT NCDOJNCDOJ does not represent individuals in private cases. Need an attorney?
Know that documents you provide to us may be public record.
Complaints alleging misconduct against an attorney are called grievances. Anybody can file a grievance with the State Bar. Most grievances are filed by clients, other attorneys, opposing parties, or judges.
In most cases, the complainant’s identity is disclosed. But if the complainant is a judge or another attorney, disclosure is not required. Grievances must be filed within six years of the ...
Investigation Phase. Grievances are reviewed first by the Grievance Committee. This is comprised mostly of members of the Bar Council (who themselves are elected by the constituent judicial districts), in addition to a few non-attorneys. a) If the grievance on its face fails to state a violation of the Rules of Professional Conduct, ...
d) Once a grievance is received, the matter is referred to a disciplinary attorney in the Office of Counsel. If a Letter of Notice is issued, the Bar counsel will review the lawyer’s response and might request additional information. Witnesses may be interviewed.
g) If the Grievance Committee determines that material issues of fact must be decided in a trial before the grievance can be concluded, or if it deems a suspension or disbarment is indicated, the matter is referred to the Disciplinary Hearing Commission.
h) The Disciplinary Hearing Commission has the power to suspend or disbar attorneys. It usually hears cases involving dishonesty, theft, misappropriation, or gross neglect of professional duty.
The State Bar can investigate potential misconduct uncovered through a trust account audit conducted by its staff of auditors. It can even pursue alleged misconduct that it learns about through the media or other source. Usually, the complainant completes a written form that summarizes the grievance against the attorney.
However, if the lawyer will not meet the client, they can send a complaint letter explaining the problem and request a response. If they are still not satisfied, they can fire their attorney and hire another one. Simply because a client is not happy with their lawyer’s performance, does not necessarily mean the lawyer deserves discipline.
If any of these are breached, then the lawyer is subject to discipline and can be privately reprimanded or permanently lose his or her license to practice law.
Some examples of serious breaches of ethics for which the attorney can be disciplined are: Not keeping their client fully informed about the developments of their case. Not properly accounting for the client’s money or returning money owed. Not returning the client’s case file if they hire another attorney.
If there are several complaints, each one should be clearly stated in its own paragraph. The most serious should be the first. The letter should give examples of the problem with dates and times.
To avoid problems with their attorney, clients should: Get a fee agreement in writing and request to be billed promptly. Understand the realistic expectations for the outcome of their case. Give their lawyer all documentation promptly. Get all important understandings in writing and keep a record of phone calls to their lawyer.
The client may want to make a list of complaints before starting to write to clarify their thoughts. Even if the client uses the lawyer’s first name in regular communication, the complaint letter should be address to the lawyer’s formal name. This maintains the professional tone.
A person has the right to complain against any attorney who is involved in legal issues concerning that person. They may write a letter to an attorney who is representing them or to an attorney who is working against their case. Any letter should be written in a professional tone and in formal business style.