what happens if you file a complaint against an attorney in indiana

What happens if you file a complaint against an attorney?

What do I do if I have a complaint against a lawyer? It's always a good idea to try to work things out with your lawyer informally. If that doesn't work, you may file a grievance with the Indiana Supreme Court Disciplinary Commission. To file a grievance, you must complete and submit a Request for Investigation form.

How do I file a grievance with the Indiana Supreme Court disciplinary commission?

File a complaint against an attorney. It's always a good idea to try to work things out with your lawyer informally. If that doesn't work, you may file a grievance with the Disciplinary Commission within the Indiana courts system. Visit the Indiana Disciplinary Commission’s website to learn about what types of violations attorneys can be disciplined for, and how to file complaints.

What is the investigation process for a complaint against a lawyer?

Mar 02, 2022 · When an individual suspects a license holder has acted unethically, dishonestly, or otherwise violated rules or practice standards, that individual may file a “Consumer Complaint” with IPLA or the Office of the Indiana Attorney General (“OAG”). Regardless of where the Consumer Complaint is filed, it will be directed to the OAG for investigation. If the facts of the …

How to file a complaint against a lawyer for ethical violations?

You will be notified first, if that happens. You are not required to keep confidential your allegations or the fact that you filed a complaint, nor is the judge. However, if you do state or write your allegations to anyone outside the Commission, you lose your protection from a lawsuit, protection you otherwise have under Supreme Court rules for any statements made to the …

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What to do if your attorney is not working in Indiana?

If that doesn't work, you may file a grievance with the Disciplinary Commission within the Indiana courts system. Visit the Indiana Disciplinary Commission’s website to learn about what types of violations attorneys can be disciplined for, and how to file complaints. Note that the Disciplinary Commission does not provide legal advice ...

Is it illegal to practice law in Indiana?

It is unlawful to provide legal services to Indiana residents and/or on Indiana legal matters without being authorized to practice law. Pursuant to the Indiana Rules for Admission to the Bar and the Discipline of Attorneys, the Indiana Supreme Court has given the ISBA’s Unauthorized Practice of Law Committee the specific authority to restrain or enjoin the unauthorized practice of law in Indiana (see Rule 24).

How long does it take to file a complaint with the OAG?

The license holder then has twenty (20) days to submit a response and any supporting documents. At the conclusion of the investigation, the OAG will determine whether to: (1) close the file; (2) close the file with a warning to the license holder stating their conduct may have fallen below the standards of practice but no charges will be filed due to untimeliness or other reasons; or (3) charge the license holder by filing an administrative complaint.

Who investigates consumer complaints?

In all other cases, the Consumer Complaint will be assigned to a case analyst and/or Deputy Attorney General (“DAG”) for investigation. The OAG, in a prosecutorial role, will investigate the claims and determine whether sufficient information exists to justify filing an administrative complaint with the appropriate licensing board or committee.

What is an OAG complaint?

When an individual suspects a license holder has acted unethically, dishonestly, or otherwise violated rules or practice standards, that individual may file a “Consumer Complaint” with IPLA or the Office of the Indiana Attorney General (“OAG”). Regardless of where the Consumer Complaint is filed, it will be directed to the OAG for investigation. ...

What is IPLA in Indiana?

The Indiana Professional Licensing Agency (“IPLA”) regulates 40 licensed professions in the State of Indiana, everything from auctioneers to funeral directors. Within that wide group are twenty (20) boards and committees regulating a variety of licensed medical and healthcare professionals. All licensed professionals in Indiana are subject to the rules of the board or committee that issued their license. IPLA is charged with disciplining licensed professionals who are found to have violated the rules, statutes, and/or standards of practice governing their specific profession.

What happens if you don't provide documentation for OAG?

If you do not provide sufficient documentation supporting your response, the OAG may issue administrative subpoenas for the documents it deems relevant and/or assign the case to an investigator who may visit your place of business to secure documents and possibly interview you, your superiors, and/or your co-workers .

How long does it take to respond to a DAG complaint?

Contact this person and request an extension of thirty (30) days in which to file your response. The DAG or case analyst will likely be reasonable and grant your first request without objection. It is best to secure the agreement in writing. Even if you believe the response will be simple, the additional time will allow you an opportunity to consider retaining legal counsel and to secure documentation to support your response.

Can you recall a consumer complaint?

A Consumer Complaint may seem innocuous, or even ridiculous, at first blush. You may not recall the complainant and/or the events alleged in the complaint may be several years old (there is no statute of limitations for filing a Consumer Complaint). However, any Consumer Complaint, if fully adjudicated, could result in revocation or suspension of your license and prohibition from practicing within the state. Although revocations are infrequent, the stakes of each case could potentially be high.

You can submit this form in one of two ways

Open and complete the form, save it to your computer then attach it to an email and send it to [email protected]. When emailing a fillable form, save the form using the print as PDF option. If you do not know how to print as PDF, see this quick tutorial. Make sure you have the most current version of Adobe Reader installed.

What to expect

The Commission is required to maintain the confidentiality of all complaints and investigations unless formal charges are filed. You will be notified first, if that happens.

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 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 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 ...

What happens if a lawyer complains about a lawyer?

If the complaint is sustained, the disciplinary board will begin its investigation. Sometimes the lawyer will be required to appear at a hearing and answer questions about the incident that prompted the complaint. If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money. It usually serves only to admonish, suspend, or disbar attorneys who break the rules governing the practice of law.

What happens if a complaint is found to be true?

If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money.

What is the name of the board that handles complaints against lawyers?

In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board . Some states rely on their state bar associations to discipline their attorneys.

Do lawyers make mistakes?

Most lawyers do their most to provide the best representation possible. However, every so often lawyers do not act properly or make serious mistakes, and in those cases their clients can file a complaint with the entity responsible for overseeing the practice of law in their state.

Can disciplinary action affect your attorney?

For attorneys, a disciplinary action is very serious as it can directly affect their ability to earn a living. It may be best to first try and resolve any dispute you have with the attorney on your own. Also note that if you have a legal matter pending and you file a complaint against your lawyer, that lawyer must stop representing you in most states, so it may be a good idea to have another attorney lined up to take over in advance.

Christine C McCall

After you file your complaint with the State Bar of California, a State Bar investigator will typically send a letter to the attorney setting forth your accusations and ask the attorney to provide a written response within a certain number of days. The State Bar will just close the file if there does not appear to be any ethical...

Frank Wei-Hong Chen

The attorney will respond in writing and the state bar will then decide if the facts warrant punishment.

Kevin Samuel Sullivan

The attorney will have to answer the complaint in writing. If the attorney fails to respond he or she will be suspended. If the attorney responds, the committee will review the complaint and response. The Committee may decide to close the file if the complaint seems to lack merit or if they are satisfied with the lawyer's response.

How to file a complaint against a lawyer?

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.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is a conflict of interest in law?

Conflicts of interest. Lawyers owe a duty of loyalty to their clients, which means they must act with the client’s best interests in mind. This includes avoiding situations that would create a conflict of interest—such as representing two clients on opposite sides of the same case or taking on a new client who wants to sue an existing client.

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

Who reviews ethics complaints?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

How to find a lawyer's review?

You can find reviews on Facebook, in popular directories and by simply Googling an attorney by his or her name. You should include the city to make sure you’ve got the right one – there are a lot of lawyers!

How to find an attorney's license number?

You can look at your state’s bar association website and search for that attorney by name or license number.

What does an attorney need to know about your life?

He or she is going to need to know about preexisting conditions, your medical history and even your sex life. Your bank details might be in your file.

What is informal online review?

Informal online reviews will give you a sense of what it’s like to work with an attorney, including any complaints and praise from past clients

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Can an attorney talk about suspended people?

Attorneys generally aren’t keen on talking about that sort of thing , and the kind of person who has been suspended probably isn’t going to freely talk about it.