Kara Sears
If you are unhappy with your lawyer, it is important to determine the reasons for your dissatisfaction. Common complaints against lawyers include lack of communication, fee disputes, conflicts of interest, negligence, and misconduct. Before filing a formal complaint, it is advisable to try resolving the issue directly with your lawyer. If you are unable to resolve the issue, you may consider taking your legal affairs to another lawyer. If you have suffered monetary losses or damages due to your lawyer's mishandling of your case, you may have grounds for a legal malpractice claim or lawsuit. Each state has a disciplinary board or counsel that handles attorney complaints, and you can typically file an initial complaint by letter, phone, or online form. The complaint process can be lengthy and may involve multiple stages of review and investigation.
| Characteristics | Values |
|---|---|
| Reason for complaint | Misrepresentation about the facts in the case, fraud or misallocation of client funds, lack of communication, fee disputes, conflicts of interest, negligence, misconduct, unethical conduct, etc. |
| Action to take | Try to resolve any differences or disputes directly with the lawyer before filing a complaint. |
| If the issue is not resolved, contact the disciplinary board or the bar association. | |
| If the complaint concerns the amount charged, contact a state or local bar association's fee arbitration service. | |
| If the lawyer has mishandled the case, resulting in monetary loss, file a legal malpractice lawsuit to recover damages. | |
| If the lawyer has taken or improperly kept money or property, contact the state client security fund, client indemnity fund, or client assistance fund. | |
| If the lawyer has violated the rules of professional conduct, the state bar or the state's disciplinary counsel takes over. | |
| File a complaint by letter, phone, or online form. |
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What You'll Learn
Misrepresentation, fraud, or misallocation of client funds
If you believe your lawyer has committed fraud or misallocated your funds, you should first try to resolve the issue directly with them. Lack of communication is a common cause of client-attorney disputes, and you may be satisfied once you understand the circumstances better. If your lawyer is unwilling to address your complaints, you should consider taking your legal affairs to another lawyer.
If you still wish to file a complaint, you should report the incident to the disciplinary board or the bar association. Each state has a disciplinary board or counsel that reviews attorney complaints. The board may operate through the state bar or may be independent. You can make your initial complaint by letter, phone, or online complaint form. The disciplinary board website explains what information it needs on the initial complaint, and there may be a follow-up call or email for additional information.
The board will review the complaint to determine if there has been misconduct or an ethical violation. If the board finds misconduct, it will begin a full investigation. You should get a notification about this from the investigator. The investigation may or may not confirm there was misconduct. If the investigation confirms misconduct, the case will either settle with an agreement for disciplinary action or go before the State Bar Court or a similar body for trial and a verdict on discipline.
At each stage of the disciplinary process, the attorney has the right to respond to the charges. In some states, such as Louisiana, you can appeal the dismissal of the complaint to the state supreme court. The attorney always has the right to appeal any verdict or ruling against them. A reprimand may be public or private. It is a formal documentation of attorney discipline for misconduct or unethical behavior. A private reprimand is still noted on an attorney's record, and the state bar can see it, but potential clients cannot.
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Lack of communication
If you are experiencing a lack of communication from your attorney, the first step is to address the issue directly with them. It is possible that there are valid circumstances causing the lack of communication, and discussing the issue may lead to a resolution. Lawyers are often busy, but this does not excuse them from responding to your inquiries within a reasonable timeframe. For example, if you call on Monday, you should receive a response by Friday, and urgent messages require a quicker response.
If speaking with your lawyer does not resolve the issue, you can try calling back several days later. If you still cannot get in touch, sending a letter that requests a response is a more formal way to prompt communication. Keeping a copy of the letter with a postmark will help you keep track of how much time has passed without a response. This documentation can also be useful if you decide to pursue further action.
If your lawyer remains unresponsive, you may need to consider taking your legal affairs to another lawyer. You have the right to choose whom you hire (and fire) as your legal representative. Additionally, you can file a complaint with the organization that governs law licenses in your state, typically the disciplinary board of the highest court in your state or the state bar association. They will either investigate the complaint or refer you to someone who can help.
It is important to note that filing a disciplinary complaint against your lawyer is a serious matter and may result in sanctions, such as fines or suspension of their right to practice law. Making a complaint may not help you recover any monetary losses, so if you have suffered financial damages due to your lawyer's negligence, you may also want to consider a malpractice lawsuit.
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Fee disputes
If you believe that your lawyer has charged you an unreasonable fee, there are several steps you can take to address the issue.
Firstly, it is important to try to resolve the dispute directly with your lawyer. A lack of communication can often be the cause of such issues, and your lawyer may be able to explain the circumstances behind the fee. If you are unable to resolve the issue with your lawyer, you can consider taking your legal affairs to another lawyer.
If you still wish to pursue a complaint, you can contact the disciplinary board or the state bar association, which is responsible for disciplining lawyers in some states. You can make your initial complaint by letter, phone, or online complaint form, and the board will review the complaint to determine if there has been misconduct or an ethical violation. The state bar can help resolve a fee dispute with arbitration.
It is important to note that filing a disciplinary complaint is a serious matter and may result in punishment for the lawyer, but it may not help you recover any money. If you have suffered monetary damages due to your lawyer mishandling your case, you may have grounds for a legal malpractice claim. To pursue this, you will need to hire another lawyer to represent you.
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Negligence or malpractice
If you believe your lawyer has been negligent in handling your case, you may be able to bring a malpractice suit against them. This is a serious matter, and you should first try to resolve any differences directly with your lawyer. If your lawyer is unwilling to address your complaints, you should consider taking your legal affairs to another lawyer.
Legal malpractice occurs when an attorney fails to provide competent representation, causing harm to their client. This can take many forms, including missed filing deadlines, conflicts of interest, improper case preparation, misuse of client funds, and poor communication. To win a malpractice case, the client would have to prove not only that the lawyer made a mistake, but also that the result in the original lawsuit or transaction would have been more favorable with competent representation. This can be one of the more difficult parts of a malpractice claim because it requires substantiating what would have happened if the attorney had acted properly.
If you believe that your lawyer has taken or improperly kept your money or property, you should contact the state client security fund, client indemnity fund, or client assistance fund. If your lawyer is holding your money or property, they must keep it safe and separate from their own funds and belongings. They must also keep careful records of money received for a client and, if asked, report that amount promptly and accurately. If the lawyer is proven to have wrongfully taken money or property from you, they may be required to make restitution.
Each state has a disciplinary board or counsel that reviews attorney complaints. The board may operate through the state bar or may be independent. You may make your initial complaint by letter, phone, or online complaint form. The disciplinary board website explains what information it needs on the initial complaint. The complaint process can take a long time, and in many states, your attorney cannot represent you during the investigation.
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Conflict of interest
A conflict of interest is a serious matter that can damage the attorney-client relationship and the legal profession. Lawyers have a duty of loyalty to their clients and must maintain impartiality when representing multiple clients.
A lawyer cannot represent two clients who are on opposing sides in the same or related lawsuits. For example, a lawyer cannot represent both parties in a divorce case. In such cases, the lawyer should ordinarily withdraw from the representation unless they have obtained the informed consent of the client.
A lawyer also cannot represent a client when their interests conflict with the lawyer's own personal interests. For instance, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will.
If a conflict of interest arises after representation has begun, the lawyer should advise the client and obtain their informed consent to continue. The lawyer must disclose the facts and circumstances surrounding the potential conflict so that the client can make an informed decision.
If you believe your lawyer has a conflict of interest, you should first try to resolve the issue directly with them. If you are unsatisfied, you can file a complaint with the disciplinary board or the state bar association, which reviews attorney conduct and complaints. You may initiate a complaint by letter, phone, or online form, and they will determine if there has been misconduct or an ethical violation.
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Frequently asked questions
If you believe you have a valid complaint about how your lawyer has handled your case, inform the disciplinary board of the highest court in your state. Usually, this is done by letter, phone, or online complaint form.
A grievance committee or board reviews all complaints, and the attorney gets a notification of all investigations. The board reviews the complaint to determine if there has been misconduct or an ethical violation.
Be sure to protect your rights by taking steps to ensure your case is now properly handled. If you've suffered monetary damages because your lawyer mishandled your case, you may have grounds for a legal malpractice claim.
Some of the most common complaints involve lack of communication, fee disputes, and negligent lawyer conduct. Other complaints include misrepresentation of facts in the case or the attorney's qualifications, and fraud or misallocation of client funds.
Sanctions can include disciplinary actions such as fines, orders to perform pro bono service, suspension of the right to practice law, repayment of misused funds, or remedial law classes.
