if i file a complaint against my attorney in colorado, how does the process work?

If the State Bar decides to file charges against the lawyer, the case will go to the independent State Bar Court and will become public, with notice on the attorney's online profile.

Full Answer

How do I file a complaint against an attorney in Colorado?

Filing a Formal Complaint of Discrimination. Based on the information that you provide to the Division during the intake process, the Division will assess its jurisdiction and, if appropriate, proceed with preparing a formal complaint of discrimination on your behalf. There is no fee for filing a complaint with the Colorado Civil Rights Division.

How long does it take to file a complaint against an attorney?

To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370, or by using the following online complaint form. Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

How to file a complaint against an attorney for professional misconduct?

7. Matters related to the Colorado Attorneys' Fund For Client Protection. To file a complaint related to any of the above topics, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370. For more information, click on the links above or visit our frequently asked questions.

Does the Attorney assigned to my complaint represent me?

If you think you have lost money or other property due to the dishonest conduct of your attorney, you should start by filing a disciplinary complaint with the Office of Attorney Regulation Counsel. After you file a disciplinary complaint, you can request claim forms in writing or by telephone. Staff personnel screen each claim. If the claim does not appear to be within the jurisdiction of …

What is legal complaint process?

How do I report to the bar in Colorado?

What to do when your lawyer stops communicating with you?

How do you get your lawyer to respond?

What does the Colorado Bar Association do?

What is the most common complaint against lawyers?

What should you not say to a lawyer?

Why is my attorney not fighting for me?

How quickly should a lawyer respond?

How often should I hear from my attorney?

Can I sue a lawyer for lying?

How to file a complaint against an attorney?

How do I file a complaint? To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370, or by using the following online complaint form. Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

How long does it take to get a complaint from a non-lawyer?

Because of the number of complaints filed with the office, a delay of several days is possible.

Why are attorneys upset?

Most attorneys are understandably upset when they're notified of a complaint against them. Anxiety about loss of a license or a soiled reputation is common, but isn't necessarily warranted. The Office of Attorney Regulation Counsel is required to look into all complaints.

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.

What is the burden of proof for an attorney?

This is a legally defined burden of proof. It is more rigorous than the preponderance of the evidence standard but less rigorous than proving a case beyond a reasonable doubt.

Who approves a diversion agreement?

Diversion agreements must be approved by the Attorney Regulation Committee. Trial attorney finds a more serious rule violation and submits a report to the Attorney Regulation Committee recommending formal disciplinary proceedings. The respondent attorney and trial attorney enter into a stipulated agreement.

Does the Office of Attorney Regulation Counsel charge for an investigation?

There is no cost for filing a request for investigation. The Office of Attorney Regulation Counsel is funded by annual attorney registration fees.

Who is authorized to investigate in Colorado?

The Colorado Supreme Court Office of Attorney Regulation Counsel is authorized to investigate: 1. Attorneys licensed or otherwise certified to practice law in Colorado, 2. Attorneys who are not licensed in Colorado but practice in Colorado, 3. Colorado magistrates, 4.

Does the Office of Attorney Regulation Counsel handle complaints about judges?

Note that The Office of Attorney Regulation Counsel does not handle complaints about judges, other than municipal court judges and magistrates. Complaints about judges should be directed to the Colorado Commission on Judicial Discipline.

How long do you have to file a claim against a lawyer?

You must file a claim within three years of the date you knew or should have known about the dishonest conduct of your attorney.

What happens if you file a disciplinary investigation?

If you have filed a request for a disciplinary investigation of your attorney, the disciplinary matter must be completed before the Fund considers your claim for reimbursement. It is important that you keep the Office of Attorney Regulation Counsel informed of your current mailing address and telephone number.

What is dishonest conduct?

What is "dishonest" conduct? "Dishonest" conduct includes theft or embezzlement of money or conversion of money, property or other things of value, refusal to refund unearned fees and costs deposits, or borrowing money from a client without intention or ability to repay it. What proof of dishonest conduct is necessary?

What is the Office of Attorney Regulation Counsel?

The Office of Attorney Regulation Counsel provides administrative and investigative assistance to the Board. All final claim decisions are made by the Board.

What is the proper claimant?

In order to be a proper claimant, a person must prove the existence of an attorney/client relationship or a fiduciary relationship with an attorney.

Does the Office of Attorney Regulation Counsel provide translation services?

The Office of Attorney Regulation Counsel will provide translation services to any non-English speaking claimant.

Can you get assisted in a claim in Colorado?

Yes. Many claimants are assisted in their claim by Colorado attorneys. Such representation is without charge. Also, the prosecutors and individuals who work in the Office of Attorney Regulation Counsel develop information helpful to a just resolution of claims.

What can a person do if an attorney or judge in a legal matter acted unprofessionally?

What can a person do if he or she feels that an attorney or judge in a legal matter acted unprofessionally? In Colorado, there are formal complaint processes to review the conduct of attorneys and judges and to administer discipline when warranted. Additionally, voters can choose whether to retain or dismiss judges who are up for retention in an election. This issue brief provides an overview of these complaint and retention processes.

Do you have to pay a fine in Colorado?

Individuals convicted of criminal offenses are typically required by the court to pay associated fines, fees, and surcharges.   This memorandum provides an overview of the fines and fees that are imposed upon a criminal conviction in Colorado, including those financial obligations that support...

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 ...

Who decides what charges to file in Colorado?

District attorneys in Colorado have the sole authority in deciding what charges to file or if to file them.

How long does it take to become a district attorney in Colorado?

They must be licensed to practice law in Colorado for five years, a qualified elector of the judicial district at the time of their election or appointment and reside in the district throughout their term in office.

How many types of courts are there in Colorado?

There are six types of courts in the Colorado criminal justice system – municipal courts, water courts, county courts, district courts, the Colorado Court of Appeals and the Colorado Supreme Court. District attorneys prosecute misdemeanor cases in county court and felony cases in district court.

How long is a felony sentence in Colorado?

In Colorado, people convicted and incarcerated for felony crimes are sentenced to state prison for at least one year. Those incarcerated for misdemeanor offenses serve a sentence of up to 18 months in a county jail.

What is a criminal case?

A criminal case involves an offense against the general public interests of a state and, as such, is prosecuted by an attorney representing the state (e.g., municipality, county, state, nation). Civil cases involve legal disputes between two individuals or private parties.

How much does the state fund the district attorney?

The state only provides funding for up to 80% of the elected district attorney’s salary. The remaining salary, other staff positions and all resources in the office are funded locally by the counties in each respective jurisdiction. Office budgets are allocated by each district’s county commissioners.

What is CDAC in Colorado?

CDAC promotes, fosters and encourages an effective administration of criminal justice in Colorado. We provide centralized prosecution-related services to the state’s district attorneys, including training of personnel, legislative drafting and liaison, legal research, management assistance, case tracking data and safeguarding, dissemination of data to other criminal justice agencies, and other special programs.