Dealing with a lawyer can be a complex and sometimes frustrating experience. While most attorneys are dedicated professionals, there are instances where their conduct may fall short of ethical standards. If you believe your lawyer has acted unethically, you have the right to Report A Lawyer To The Bar. This process ensures accountability within the legal profession and protects the public from misconduct. This guide will walk you through the steps of reporting a lawyer to the bar, what to expect, and why it’s an important process.
Reporting an attorney to the bar is a serious matter, and it’s crucial to understand when such action is warranted. Generally, you should consider filing a complaint if you believe your lawyer has engaged in unethical behavior. This can range from neglect of your case and miscommunication to more serious issues like fraud, misappropriation of funds, or conflicts of interest. It’s important to differentiate between dissatisfaction with case outcomes and genuine ethical violations. Disagreeing with legal strategy or losing a case is not necessarily grounds for a complaint. However, if your lawyer has acted in a way that breaches professional conduct rules, reporting them to the bar is the appropriate course of action.
So, how do you report a lawyer to the bar? The process generally involves these key steps:
1. Identify the Correct State Bar Association: In the United States, each state has its own bar association responsible for overseeing attorney conduct. You need to report the lawyer to the bar in the state where they are licensed to practice law. A quick online search for “[State Name] State Bar” will lead you to the relevant organization. For instance, in California, you would contact the State Bar of California.
2. Obtain the Attorney Complaint Form: Most state bars provide complaint forms on their websites. These forms are often available as downloadable PDFs. As noted, these PDF forms usually need to be downloaded and filled out using Adobe Acrobat Reader or a similar program, as they cannot be completed directly in a web browser. Look for sections titled “Attorney Complaint,” “File a Complaint,” or “Ethics Complaint.”
3. Gather Relevant Information and Documentation: Before you begin filling out the form, gather all necessary information related to your complaint. This includes:
- Your Contact Information: Your name, address, phone number, and email address.
- Attorney’s Information: The full name of the attorney you are complaining about, their law firm (if applicable), address, and contact information if you have it.
- Detailed Description of the Misconduct: Clearly and concisely describe the unethical behavior you are reporting. Be specific with dates, times, and events. Avoid emotional language and stick to the facts.
- Supporting Documents: Collect any documents that support your claims, such as contracts, emails, letters, court documents, financial records, or witness statements. The more evidence you provide, the stronger your complaint will be.
4. Complete the Complaint Form Accurately: Fill out the complaint form carefully and truthfully. Ensure all sections are completed and that your description of the events is clear and easy to understand. Double-check all information for accuracy before submitting.
5. Submit Your Complaint: Once you have completed the form and gathered your supporting documents, submit your complaint to the State Bar. The State Bar of California, for example, handles complaints about unethical attorney conduct from various sources. Typically, you can submit your complaint by mail or, in some cases, online. Check the specific instructions on the state bar’s website.
After you report a lawyer to the bar, what happens next? The State Bar will typically review your complaint to determine if it alleges conduct that could constitute an ethical violation.
- Initial Review: An experienced State Bar attorney will review your complaint. They will assess whether the facts you presented, if true, would constitute a violation of the state’s rules of professional conduct. They may request additional information or documentation from you to aid in this evaluation.
- Investigation: If the initial review suggests a potential ethical violation, the State Bar will open an investigation. It’s important to note that complaints and investigations are generally kept confidential to protect the integrity of the process and the attorney’s reputation unless and until formal charges are filed.
- Possible Outcomes: Following the investigation, several outcomes are possible:
- Warning: If the evidence does not establish a serious violation, the State Bar may issue a private warning to the attorney. This is not considered formal discipline.
- Agreement in Lieu of Discipline (ALD): In some cases, the State Bar may offer the attorney an ALD. This requires the lawyer to take corrective action, such as attending ethics classes or undergoing supervision. An ALD is also not considered formal discipline.
- Filing Charges and State Bar Court: If the State Bar believes there is sufficient evidence of a serious ethical violation, they may file formal charges against the lawyer. The case then proceeds to the State Bar Court, which is an independent adjudicatory body. At this stage, the matter becomes public, and a notice may be placed on the attorney’s online profile. A judge in the State Bar Court can dismiss the case, issue a public reproval (a form of public censure), or recommend suspension or disbarment to the state’s Supreme Court.
- Supreme Court Review: In cases involving suspension or disbarment, the final decision rests with the state’s Supreme Court.
- Referral for Criminal Conduct: If the State Bar suspects criminal conduct, they may refer the matter to law enforcement for criminal investigation and potential prosecution.
- Client Security Fund: If you have suffered financial losses due to a lawyer’s dishonest conduct, you might be eligible to recover funds from the Client Security Fund. However, you typically need to first file a complaint against the attorney before you can apply to the Client Security Fund.
Reporting a lawyer to the bar is a crucial mechanism for maintaining the integrity of the legal profession and ensuring that lawyers are held accountable for their ethical obligations. While it can be a daunting process, it is a necessary step to address misconduct and protect the public. If you believe you have grounds to report a lawyer to the bar, taking action can contribute to a fairer and more ethical legal system.
