Full Answer
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. For attorneys, a disciplinary action is very serious as it can directly affect their ability to earn a living.
Some state disciplinary boards have websites where you can search for a lawyer by name and see if the lawyer has a history of discipline. If you think your lawyer has violated an ethical rule, you may file a complaint with the disciplinary board in the state where the lawyer is licensed.
To file a complaint against an attorney, please call the State Bar of Arizona at: 602-252-4804
However, other attorneys and even judges sometimes file complaints against attorneys for improper behavior. 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.
If you believe an attorney has violated the HRPC and acted unethically, you can file a complaint with the ODC. [27] However, before doing so, it is a good idea to consider the following: if you feel your lawyer is not handling your legal matter properly, is not keeping you adequately informed about your case, or is charging you too much, you should first consider contacting your lawyer to discuss the problem. Open communication between lawyer and client is essential to a productive working relationship. Often, a frank discussion will eliminate or lead to a solution of the problem.
The complaint letter should include: The lawyer’s full name. A detailed statement of the facts believed to show misconduct on the lawyer’s part. The date of each event involved in the complaint. Copies of any papers, such as letters, attorney-client agreement, court records, etc., which help support the complaint.
A respondent has a duty to respond and cooperate with an ethics investigation. [14] Failure to do so constitutes a separate act of misconduct. [15] Providing false information during the ethics investigation also violates the attorney’s professional obligations, and constitutes a separate act of misconduct. [16] ODC may also issue subpoenas. [17] Summary suspension may be ordered by the Hawai`i Supreme Court when a respondent fails to fully cooperate during an investigation.
The ODC receives several hundred complaints each year. Each is considered carefully. Some take more time to investigate than others.
[7] Alternatively, a client who has discharged an attorney may complain that the attorney has not returned the client’s file in a timely manner. [8] In these cases, ODC may contact the attorney and client to determine whether the problem can be resolved. [9]If such efforts are successful, full investigation of the matter will be deemed unnecessary, and with Board approval the matter will be closed. [10] However, if the problem cannot be resolved, an investigation may still be undertaken, and may lead to formal disciplinary process. [11]
Unethical conduct does not include every instance of inadequate representation or poor performance by an attorney. For example, a lawyer may make an error in judgment or other mistake in handling a client’s case. A mistake or error in judgment is not necessarily unethical conduct that violates the HRPC.
Copies of the front and back sides of all cancelled checks and/or copies of receipts showing payments made by you to the attorney. Copies of all correspondence between you and the attorney. Copies of any pertinent court or administrative documents in your possession. DO NOT PROVIDE ORIGINAL DOCUMENTS.
Any complaints should be addressed to your state's bar association. Most will have a complaint form on their website and guidance on how to fill it out.
If you believe your attorney committed an ethical violation, an experienced legal malpractice lawyer may be able to help.
If the State bar determines that there may be evidence of an ethical violation, it will usually notify your lawyer and allow him to respond to the allegations. He may submit documents and evidence to justify his actions.
Private reprimand -- This is a written reprimand from the state bar that will go into your lawyer's permanent file.
After the lawyer's response is received, the complaint will be reviewed again. If there is insufficient evidence to merit further investigation, then the case will be closed, and you will be notified.
You may be required to testify at a formal hearing before the Disciplinary Board. This process can last anywhere from six to 18 months.
All complaints are reviewed by lawyers employed by the State bar (don't worry about conflicts of interest). If the State bar believes that the conduct complained of is not an ethical violation, the case will be closed and you will be notified by mail.
The purpose of attorney discipline is to protect the public and the administration of justice from attorneys who have not discharged their professional duties to clients, the public, the legal system, and the legal profession.
To file a complaint against an attorney, please call the State Bar of Arizona at: 602-252-4804. RECORDS. Records of formal disciplinary proceedings are public and are available from the offices of the Attorney Discipline Unit.
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.
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.
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.
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.”
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.
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.
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.
If you are having difficulty communicating with your attorney, you should consider the following before filing a complaint with The Bar: 1 Call the attorney’s office and leave a message for a return call. 2 If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.
How to view discipline documents: Discipline cases that are public record are posted to the attorney’s individual profile. Select the reference number to view the Supreme Court Order and other related documents.
The public reprimand is a Supreme Court-ordered form of public discipline that declares the conduct of the lawyer improper. Public reprimands are delivered before the 52-member Florida Bar Board of Governors and are public record. A downloadable video of an actual public reprimand (2 min. 7 sec., 14.7MB) has been posted for information.
If you feel you have been unfairly treated by a lawyer, call ACAP at 866-352-0707. For public record information regarding any Florida Bar attorney, send us an email.
Lawyer discipline FAQ: Covers clients’ rights when retaining a lawyer, handling problems with your attorney, lawyer referral, problems with other attorneys and complaints against elected officials.
The Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled unless the attorney is asserting a lien for fees. The complete original file belongs to the lawyer, who must provide a copy of the file to the client and may charge reasonable copy costs.
Call the attorney’s office and leave a message for a return call.
The committee begins by highlighting the New York Rules’ purpose “to provide a framework for the ethical practice of law.” The committee then states that the ethics regulatory system depends primarily on understanding and willingness to comply, “secondarily on . . . peer and public opinion,” and lastly upon “disciplinary proceedings,” “where necessary.” The disciplinary system, the committee observes, relies on “mandatory reporting” for “certain types of ethical violations” as “ [o]ne of several tools” for enforcement, but “ [s]hort of reporting . . . , . . . many attorneys are uncertain of their obligations when they perceive that another lawyer has violated the disciplinary rules.” Hence, the committee notes, the question persists of when “ threaten [ing] another lawyer with disciplinary charges” would be “ethically permitted.” The committee clarifies “threat” not to mean “merely advising another lawyer that his [or her] conduct violates a disciplinary rule,” but rather a threat includes an ultimatum requiring “compli [ance] with a particular demand.”
The committee finds that New York Rule 3.4 “arguably comes the closest to addressing this issue, as it prohibits lawyers from threatening ‘to present criminal charges solely to obtain an advantage in a civil matter.’” However, because “it is silent” on “disciplinary charges,” the committee concludes that “disciplinary threats do not violate Rule 3.4 (e).” The committee distinguishes Rule 3.4 from other jurisdictions’ rules that expressly ban threats of criminal and disciplinary charges. The committee also cites the Committee on Professional Ethics for the New York State Bar Association’s Ethics Opinion 772 (2003) on Rule 3.4’s predecessor, finding disciplinary threats valid for obtaining the return of client property. While the committee acknowledges contrary authority that found Rule 3.4’s predecessor banned disciplinary threats, it finds that Rule 3.4’s “plain language . . . should govern.”
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.
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).
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:
Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...
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.
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.
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.
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.
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.