To file an attorney misconduct complaint, please fill out the online form. Please read the instructions below and then click Next at the bottom of this page to begin the complaint. For questions call 800-843-9053. If you are unable to fill out the form online, you may print and mail the completed Complaint Form to the State Bar’s Intake Department.
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How do I file a complaint? Complaints may be submitted: (1) In writing, or on a form provided by DCJS, signed by the complainant; (2) In writing, submitted anonymously, providing sufficient detailed information for DCJS to conduct an investigation; or (3) Via telephone, providing the complaint alleges activities which constitute a life-threatening situation, or have resulted in …
Apr 03, 2017 · 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: Alabama. Alaska. Arizona. Arkansas.
General information about the Commission, how to file a complaint, and how complaints are investigated Contact Information. All correspondencemust be sent to: Judicial Inquiry and Review Commission P.O. Box 367 Richmond, Virginia 23218-0367; Phone - (804) 786-6636; Members and Counsel Canons of Judicial Conduct for the State of Virginia
After an intake attorney reviews the complaint and decides that it falls within the VSB’s jurisdiction, it is assigned to a VSB attorney, called bar counsel, for investigation. The bar counsel will send the complaint to the lawyer involved and request a written response. Most lawyers respond to bar complaints.
Under the Rules of the Supreme Court of Virginia, the complaint process is confidential unless there is a hearing on charges of misconduct or the lawyer receives public discipline (public admonition, public reprimand, suspension, or revocation).
When a lawyer is disciplined, the VSB records the discipline imposed on the lawyer’s permanent record. Disciplinary sanctions include: 1 PRIVATE REPRIMAND or PRIVATE ADMONITION for less serious rule violations 2 PUBLIC REPRIMAND for more serious rule violations 3 SUSPENSION of the lawyer’s license to practice law for a period of up to five years, during which time the lawyer cannot practice law 4 REVOCATION of the lawyer’s license to practice law
The purpose of the VSB disciplinary system is to determine whether a lawyer has violated a legal ethics rule and if so, to impose appropriate discipline on the lawyer.
Stage 1: Preliminary Investigation. After an intake attorney reviews the complaint and decides that it falls within the VSB’s jurisdiction, it is assigned to a VSB attorney, called bar counsel, for investigation. The bar counsel will send the complaint to the lawyer involved and request a written response.
If the subcommittee decides that the lawyer’s conduct should result in a hearing, the VSB will schedule an evidentiary hearing before a district committee. Complainants have the right to attend the hearing, and it may be necessary for complainants to testify under oath. The bar counsel handling the case will present evidence and legal argument.
If the district committee decides that the lawyer violated an ethics rule, it will impose discipline, which will be recorded on the lawyer’s permanent VSB record. In cases of serious misconduct, a subcommittee or a district committee can send the case to a higher body, the Disciplinary Board.
A professional misconduct finding is appropriate when a preponderance of the evidence establishes that the attorney intentionally violated, or recklessly disregarded, a clear and unambiguous legal obligation or professional standard.
A professional misconduct finding is appropriate when a preponderance of the evidence establishes that the attorney intentionally violated, or recklessly disregarded, a clear and unambiguous legal obligation or professional standard. In some cases, OPR may determine that the attorney did not commit professional misconduct, but the circumstances warrant another finding. In those cases, OPR may consider whether the attorney exercised poor judgment, made a mistake, or otherwise acted inappropriately. OPR also may determine that the subject attorney acted appropriately under the circumstances.
Generally, however, the first step after receiving an allegation is to conduct an initial review of the allegations to determine whether further review is warranted . This determination is based on several factors, including the nature of the allegation, its specificity, and its susceptibility to verification. Most complaints received by OPR are determined not to warrant further review because, for example, the complaint appears on its face to be without merit, is outside OPR’s jurisdiction, or is unsupported by any evidence. In such cases, OPR will close the matter without informing the subject attorney of the complaint.
Department attorneys are subject to various legal obligations and professional standards in the performance of their duties. For example, attorneys are required to comply with legal obligations imposed by the Constitution, statute, evidentiary or procedural rules, controlling case law, and local rules. In addition, attorneys must comply with standards of conduct imposed by the attorney’s licensing authority, the jurisdiction in which the attorney is practicing, and Department regulations and policies. In its investigations, OPR will determine whether the subject attorney has violated a clear and unambiguous legal obligation or standard. In so doing, OPR will consider the attorney’s affirmative actions, as well as actions that the attorney failed to take.
Intentional Conduct. An attorney’s violation is intentional when the attorney engages in conduct that is either purposeful or knowing. Conduct is purposeful when the attorney takes or fails to take an action in order to obtain a result that is unambiguously prohibited by the applicable obligation or standard.
An attorney’s violation is intentional when the attorney engages in conduct that is either purposeful or knowing. Conduct is purposeful when the attorney takes or fails to take an action in order to obtain a result that is unambiguously prohibited by the applicable obligation or standard. By contrast, conduct is knowing when the attorney takes or fails to take an action with knowledge of the natural or probable consequences of the conduct, and those consequences are unambiguously prohibited by the applicable obligation or standard.
To determine whether an attorney exercised poor judgment, OPR considers whether the attorney had appropriate alternatives available, but the attorney chose an action or course of action that was in marked contrast to that which the Department would reasonably expect of an attorney exercising good judgment. For example, an attorney exercises poor judgment when the attorney takes an action in a situation involving obviously problematic circumstances without first seeking supervisory advice or guidance, because the Department would reasonably expect that an attorney exercising good judgment would consult with a supervisor before proceeding in such circumstances.