Where to Report Lawyer Misconduct

There are a variety of methods for filing complaints against an attorney. While each legal jurisdiction’s system varies slightly, most often this involves sending in written complaints directly to an attorney disciplinary agency.

The agency will conduct an investigation and decide if further action are warranted, such as reprimand or suspension by their disciplinary board, which typically announces their decisions publicly.

Client Complaints

Most attorney grievance committees offer an online form you can use to file a formal complaint against any lawyer you feel has engaged in misconduct against them, along with copies of any relevant documents and signatures of individuals who can sign it as witnesses. Please be aware, though, that this process can take an extended period of time during which time your lawyer won’t be available to represent you.

In some states, such as New York, a lawyer who fails to report their client’s apparent misconduct to the bar is breaking ethical codes. This duty to report may only apply when their knowledge of such misconduct can be verified directly; otherwise there may be no need to do so.

Attorneys are required to report professional misconduct unless it does not “raise substantial doubt about their honesty, trustworthiness or fitness as lawyers.” Any conduct that raises substantial doubt about an attorney should be reported immediately; serious cases such as escrow defalcations, criminal activity and repeated neglect of client matters must always be reported immediately; but many times there can be unclear situations regarding whether an alleged act meets this threshold; any decision regarding reporting must be carefully considered with all potential alternatives being explored thoroughly before making your final decision.

Disciplinary committees are charged with protecting the public, but they can only do this successfully with attorney cooperation in reporting misconduct. Grievance committees serve a vital purpose as part of our system of self-regulation; their investigation relies on cooperation from members of the legal community.

Attorneys accused of misconduct will typically face some form of discipline, such as losing their license to practice law or being removed from committee. Sometimes committees recommend private admonition or alternative programs as an appropriate response. It’s essential for lawyers to be familiar with how this process works and follow its rules.

Disciplinary Boards

Disciplinary proceedings against lawyers are overseen by various agencies such as state bars, judicial commissions and the courts. In Pennsylvania the Disciplinary Board is dedicated to protecting the public, upholding legal profession integrity and safeguarding court system reputation; lawyers themselves are subject to such proceedings; although some may think learning more about it could reveal ethical shortcomings on their part it can often be beneficial to gain knowledge of it all.

An individual, client, adversary or another member of the bar may file a disciplinary complaint. Additionally, disciplinary agencies often investigate allegations of misconduct spontaneously due to media reports of attorney misconduct or decisions of judges.

If the investigation reveals probable cause that a lawyer has violated professional disciplinary rules, the agency will typically initiate formal disciplinary proceedings against them. These proceedings could lead to private reprimands, public censure or suspension ranging from one to five years – during which they would be barred from practicing law.

Formal disciplinary proceedings are typically overseen by hearing panels consisting of present and former members of the Disciplinary Counsel, in addition to an impartial member from the public. The hearing panels review evidence presented at hearing, assess its seriousness and make a recommendation to Disciplinary Counsel for appropriate action.

Lawyers will be expected to file written responses to complaints against them. This document is an essential element in a case, giving lawyers an opportunity to demonstrate there has been no wrongdoing or that mitigating circumstances exist; or even convince a panel not to pursue their investigation further.

No matter the outcome of a disciplinary decision, an attorney has the option of appealing it. While each jurisdiction may provide for different procedures regarding their appeals processes, most provide opportunities to challenge either whether a violation occurred or whether there are mitigating circumstances present.

Bar Associations

A bar association is an organized collection of attorneys – be they local, regional or national – which work together to address matters affecting the legal profession. Beyond providing networking opportunities and conducting legal seminars, bar associations often also act as liaisons with court systems in their areas and offer mechanisms for dealing with attorney misconduct complaints.

New York law mandates that attorneys notify disciplinary authorities when they become aware of attorney misconduct by another lawyer, though circumstances must be carefully assessed on a case-by-case basis; whether or not alleged conduct raises serious doubt about an opponent’s honesty, trustworthiness or fitness as an attorney should ultimately dictate whether reporting takes place.

When an attorney fails to adhere to professional ethics rules, it is crucial that his or her clients inform the relevant bar association as soon as possible. Typically this means submitting a formal written complaint outlining details about any misdeeds committed against them and signing an ACP waiver form related to that particular issue. If proven, any attorney in question could face disciplinary measures which could ultimately lead to their disbarment from practice.

Once a grievance is submitted, it will be investigated by the committee that hears disputes. The exact process depends on its rules; however, parties should always have an opportunity to present evidence in support of their position and an investigator should assess if a lawyer violated any relevant rules or laws during this investigation.

If a complaint cannot be settled at the grievance committee level, it will most likely be forwarded to the Appellate Division for consideration by a panel of judges. This body holds ultimate authority over attorney conduct and can impose discipline ranging from public censure to disbarment. Depending on circumstances, judges may order restitution for losses caused by attorney misconduct; alternatively they may wish to file civil suit for malpractice against their lawyer; an experienced malpractice attorney can help ascertain if such an action should be pursued and assist in seeking compensation from their counsellor.

Courts

Every attorney entering practice promises to uphold the law and adhere to rules of professional conduct. Lawyers who break these rules risk losing their license to practice. You can report attorney misconduct directly to a court; should it prove merited, this could result in either public censure or even disbarment for the attorney in question.

To effectively report an attorney, you must possess firsthand knowledge of their misconduct based on facts rather than emotions, suspicion or belief. Furthermore, you must possess the authority to disclose confidential information – for instance information regarding clients who refuse consent – while still being able to expose alleged acts without violating your attorney/client privilege in this particular matter.

Usually, misconduct must be reported to your Grievance Committee in your jurisdiction; however, if it appears intertwined with litigation or part of a larger investigation, reporting it directly to the Court is also an option. Should it decide to investigate, it will contact either directly the Grievance Committee or instruct complaining attorney as appropriate before gathering all relevant evidence and potentially taking appropriate disciplinary measures – up to and including possible private discipline measures being imposed by court order if violations have been established.

As with civil litigation, disciplinary cases against attorneys are formal procedures with specific due process rights that include notice and hearing on charges as well as cross-examination of witnesses. Hearings typically open to the public.

Based on the severity of an attorney’s misconduct, a judge may order either suspension or disbarment as punishment. Disbarment is the harshest sanction and removes his name from any state list of active attorneys; court will typically notify other states where this attorney was licensed as well as inform former clients. Lastly, consumer alerts flag his name so as to discourage new potential clients from working with him in future.