when you make a grievance against an attorney in westchester

by Bernice Senger 7 min read

If the attorney maintains an office in Westchester, Dutchess, Orange, Rockland, or Putnam Counties, the complaint should be filed with: State of New York Grievance Committee for the Ninth Judicial District Crosswest Office Center 399 Knollwood Road, Suite 200 White Plains, NY 10603 (914) 824-5070 [email protected]

If you have a complaint against an attorney, you may contact the Attorney Disciplinary / Grievance Committee. The office you need to contact depends upon the location of your lawyer's office.

Full Answer

How do I file a grievance against a lawyer?

After you give the Committee your complaint, its staff and members will examine it. Certain complaints may be transferred to grievance committees run by the local bar associations in Westchester, Dutchess, Orange, Putnam or Rockland Counties, because they are in a position to do a more effective job. If the complaint only concerns the size of the legal fee, it may be sent …

How does the Texas Attorney Grievance system work?

Complaint Form. To report a crime involving a person, business or location in Westchester County directly to the District Attorney’s Office, complete and submit the complaint form . or call (914) 995-TIPS (914-995-8477). To best protect the health and safety of our entire community during the pandemic, complaints to our office must be submitted either by e-mail or postal mail.

Can a grievance committee sue an attorney?

If the attorney maintains an office in Westchester, Dutchess, Orange, Rockland, or Putnam Counties, the complaint should be filed with: State of New York Grievance Committee for the Ninth Judicial District Crosswest Office Center 399 Knollwood Road, Suite 200 White Plains, NY 10603 (914) 824-5070 [email protected]

What is discriminatory harassment in Westchester County?

The Grievance Committee, similar to a court considering a motion to dismiss, asks the lawyer to respond to any allegation that, if proven, would constitute a violation of the Rules of Professional Conduct. 2. Don’t ignore the LON. Although you should not panic, you should take it seriously and respond within the indicated timeframe or request ...

What is the most common complaint against lawyers?

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.

How do I report a lawyer to the New York Bar Association?

Call the State Bar's multilingual intake hotline (800-843-9053) for help. If you have a problem with your lawyer's actions or fees, you have options. Find out how to resolve a problem without going to court, file a complaint against a lawyer and how to get money back from an unethical attorney.

Can you sue a lawyer for not doing their job?

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.

Who do you report a crooked lawyer to NY State?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

Who is the New York state attorney general?

Letitia James (Democratic Party)New York / Attorney generalLetitia Ann "Tish" James is an American lawyer, activist, and politician. She is a member of the Democratic Party and the current Attorney General of New York, having won the 2018 election to succeed appointed Attorney General Barbara Underwood. Wikipedia

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How long should it take for a lawyer to get back to you?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How do I file a grievance against an attorney in NJ?

If you believe that your lawyer has engaged in unethical conduct, you should call the toll-free number 1-800-406-8594. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.

How do I complain about a judge in NYC?

You may also file a complaint about a Court Employee, an Attorney, or a Judge. Questions, comments or complaints about court interpreting should be directed to the Office of Court Interpreting Services. Or contact us at 1-800-Court NY (1-800-268-7869) with questions about the court system in general.

What does the New York Bar Association do?

The New York State Bar Association (NYSBA) has been the voice of the legal profession in New York state for more than 140 years. Our mission is to shape the development of law, educate and inform the public, and respond to the demands of our diverse and ever changing legal profession.

How do I find out if an attorney is licensed in NY?

Instead, to search for an attorney, you must use the "attorney search" feature on the New York State Unified Court System (USC) website. In addition to the "NYS Bar Association Find a Lawyer" feature, you can search for an attorney at the NYS Office of Court Administration's (OCA) website.

How do I complain about a judge in NYC?

You may also file a complaint about a Court Employee, an Attorney, or a Judge. Questions, comments or complaints about court interpreting should be directed to the Office of Court Interpreting Services. Or contact us at 1-800-Court NY (1-800-268-7869) with questions about the court system in general.

Is Nysba membership mandatory?

A: NYSBA membership dues are voluntary and are paid annually. Licensing fees with the NYS Office of Court Administration (OCA) are mandatory and are paid biennially by all attorneys engaged in the active practice of law. For information regarding NYSBA membership dues, call 800.582. 2452.

What happens if you have a valid complaint?

If you do have a valid complaint, the Committee will ask the attorney to answer it, and, after the Committee receives the attorney’s answer, it will give you a chance to reply to it. The Committee will also investigate the complaint by looking at any papers or court records that may help, speaking to witnesses, and speaking further, if necessary, ...

How to help yourself when you have a complaint?

To help yourself, you should: Try to work out a solution with your attorney before you file a complaint. If the problem is that he/she does not speak to you, write him/her a letter and keep a copy to show the Committee.

What happens after a grievance is received?

After the attorney’s answer is received, the grievance committee may further investigate the complaint by looking at any documents or court records that may help, speaking to witnesses, and speaking further, if necessary, to the complainant and to the attorney.

What happens when a complaint is transferred to a grievance committee?

The staff attorney will notify the complainant in writing if this occurs and provide the contact information of the committee to which the complaint has been transferred.

What happens if an attorney fails to answer a complaint?

The attorney has a professional obligation to comply with that request and the failure to submit an answer may, in and of itself, constitute professional misconduct.

What is a staff attorney complaint?

The staff attorney may conclude that a complaint describes conduct that, even if true, does not violate a provision of the Rules of Professional Conduct ( 22 NYCRR part 1200 ), and therefore does not involve professional misconduct. On occasion, an otherwise valid complaint may not be suitable for investigation due to other contributing factors. In such cases, the staff attorney will notify the complainant in writing and explain the reasons why the committee is unable to be of assistance.

How to file a complaint against an attorney?

However, if a person believes that an attorney has acted unethically, that person may file a complaint against the lawyer simply by submitting a signed, written statement setting forth a clear, concise statement of the facts and circumstances of the alleged misconduct. No special legal knowledge is needed to file one. The complainant should provide copies of any documentary evidence that supports the claim and include the names and addresses of any witnesses who can support the allegations of the complaint.

What are the rules of professional conduct in New York?

These rules state the standard of conduct below which no lawyer can fall without being subject to disciplinary action. Professional Discipline.

What is the regulation of the legal profession?

Regulation of the Legal Profession. The law is a profession that is licensed and regulated by government. A person who wishes to become a lawyer must study the law, take an examination to test their knowledge, and undergo a review of their character and fitness to assume the responsibilities of the profession.

Where to forward a copy of a complaint?

Forward a copy of the complaint to the U.S. Department of Housing and Urban Development, where applicable. Investigate the allegations. Investigation may include written questions, witness interviews, field visits, and requests for documentation.

What does the Commission do after a complaint is filed?

At any time after a complaint is filed, the Commission may assist the parties in reaching a settlement or agreement that is acceptable to the Complainant (s), Respondent (s), and the Commission. Determine whether or not there is probable cause to believe discrimination has occurred.

Can a complainant retain counsel?

Complainants and Respondents can retain private counsel to represent them during the investigation, but it is not required. The Commission cannot give any party legal advice at any time during the process.

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 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 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 ...

What is the jurisdiction of the grievance committee?

The jurisdiction of the committees is based upon the location of the office of the attorney against whom a complaint is being made. Therefore, you should make your complaint or inquiry known to the grievance committee which covers the county in which the attorney’s office is located. New York and Bronx Counties:

Why do we have grievance committees?

The grievance process exists to protect the public . Committee panel members are not paid for their work, but volunteer to do this work in order to maintain the standards of the legal profession. By bringing a complaint to a committee’s attention, the public helps the legal profession achieve its goal. The committees act to resolve a complaint in a manner that is fair to both the complainant and the attorney. However, the only matters that will be addressed by the committees are questions of the ethical conduct of attorneys; they cannot represent you or give you legal advice. They cannot sue an attorney on your behalf, or seek the return of money or property from the attorney.

How to contact a lawyer in New York?

Check the Yellow Pages of your telephone directory for the number of your county bar association’s Lawyer Referral Service; if a Lawyer Referral Service does not operate in your county, you may call the New York State Bar Association’s Lawyer Referral and Information Service at 1-800-342-3661 from anywhere in New York State (from the local Albany dialing area, call 463-3200 ext. 2700), or visit NYSBA,

How to dispute attorney fees in New York?

In the event of a fee dispute between an attorney and a client, the client may be entitled to request arbitration or mediation of the dispute through the Attorney-Client Fee Dispute Resolution Program established by the New York State Unified Court System. For information about the program, you may call 877-FEES-137 (877-333-7137) or visit http://www.nycourts.gov/admin/feedispute/index.shtml.

What is a county bar committee?

Each committee investigates the complaints received by it or, in some cases, refers the complaint to a county bar association for resolution.

What happens if an attorney violates the law?

Attorneys who violate the law or fail to abide by this code of conduct are subject to discipline, which may include admonishment, reprimand, censure, suspension or loss of his or her license to practice law.

Is a complaint letter made public?

These letters are not made public, but are retained as part of the attorney’s record. The complainant is advised if action is taken. In cases of serious misconduct, the committee may refer the matter to court for action. If the court, after a hearing by a disciplinary panel or referee, decides to take disciplinary action against that attorney, ...

How to file a grievance?

Steps for Filing a Grievance 1 The first step in filing a grievance is to complete a grievance form through our online submission system. The forms are also available in pdf format: English or Spanish. 2 Fill out the grievance form completely. Answer every question as best you can. 3 Be sure to attach copies (not originals) of any documents that you believe will help explain your grievance. 4 Mail your copies of your documents to:

How long does it take to respond to a grievance?

If your grievance becomes a formal complaint , the attorney in question will be informed and asked to respond to the allegations within 30 days. The Chief Disciplinary Counsel conducts an investigation to determine whether there is just cause to believe the alleged professional misconduct occurred. Based on its findings, the matter is either presented to a grievance panel for dismissal or proceeds to litigation. Please see the Attorney Complaint Information brochure (pdf) for answers to common questions about the grievance process ( English - Spanish ).

How long does it take to appeal a dismissal?

If you have new or additional information that was not included in your first grievance, you may amend your grievance and re-file it within twenty (20) days of the date you receive the dismissal notice.

Do you attach originals to a grievance letter?

Be sure to attach copies (not originals) of any documents that you believe will help explain your grievance.

Does a grievance form waive attorney-client privilege?

If you are reporting the conduct of your current or former lawyer, it is important to know that signing the grievance (complaint) form waives the attorney-client privilege that would otherwise keep discussions between you and your lawyer confidential. Waiver of this privilege is necessary for the State Bar to review your complaint.

What is the number to report a lawyer in Texas?

Austin, Texas 78711-2265. 512-463-5533. The State Bar's toll-free Grievance Information Helpline ( 1-800-932-1900) can also help you determine whether to report the conduct of the lawyer and whether other resources might be beneficial.

Does a lawyer pay the client after the case has settled?

The lawyer has not paid the client’s part of the settlement after the case has settled.