Attorneys have an ethical duty to report any violations of law they observe, often known as professional misconduct.
However, there are restrictions on what information must be reported. At its core, you must possess direct, firsthand knowledge. Your reports cannot rely on feelings, suspicion or hearsay alone.
Client Complaints
The American Bar Association Rules of Professional Conduct require attorneys to report serious misconduct, such as escrow defalcations, criminal activity and repeated or consistent neglect of client matters. Penalties for reported violations range from private reprimands – basically written slaps on the wrist – all the way up to suspension and disbarment which all severely harm an attorney’s record and ability to practice law.
Clients should remember that grievance committees do not receive payment for their work and operate solely out of a sense of volunteerism, with most working unpaid in order to uphold standards in the legal profession. Unfortunately, grievance committees cannot represent you directly or give legal advice; furthermore they are unable to sue on your behalf, seek return of property from attorneys, reimburse you for lost money or property caused by misconduct unless filed promptly by clients; additionally these committees only investigate misconduct once receiving complaints themselves.
State Bar Complaints
Most states permit you to file a grievance against attorney misconduct with the State bar. Such complaints are commonly known as grievances.
Based on your allegations, the state bar may investigate potential violations based solely on information you provide. Your lawyer will be informed about this grievance and have an opportunity to respond; additionally, their files or records could be requested and witnesses interviewed by disciplinary agencies.
Investigation will then continue or terminate depending on whether the facts support a finding of misconduct. Many cases are closed at this initial intake stage as the conduct may not warrant public discipline; while in certain states this investigation may lead to an admonition (private form of discipline) or ethics training being mandated; ultimately however, most matters are referred to disciplinary boards for review hearings and possible public discipline. Most often litigated, but some can also be settled via mediation.
Bar Association Complaints
If you suspect professional misconduct from your attorney, contact the state bar association in your state to file a formal complaint. However, for your own protection it’s essential that you possess firsthand knowledge of their behavior that violates any ethical standards governing legal practice; if in doubt speak with someone at disciplinary agency before filing the formal complaint.
Complaints against attorneys typically revolve around communication difficulties and fee disputes. Dishonesty may also be grounds for complaint, but evidence must exist beyond personal feelings to back it up before filing one. If the allegations prove accurate, an attorney could face sanction such as being reprimanded or suspended from practicing law for anywhere between 90 days to several years; such sanctions prevent them from representing clients during legal proceedings.
Disciplinary Board Complaints
At times, client and attorney relationships may become tenuous. Clients and attorneys may disagree regarding fees or the way a lawyer handled their case; this does not automatically constitute unethical behavior and these issues can often be resolved by talking directly with each other or finding another attorney.
As a general rule, you have a duty to report any information or knowledge you possess that another attorney violated the law. Your obligation under Rule 8.3 is limited: you must possess actual, direct and firsthand knowledge of their misconduct – this knowledge cannot be formed based on feelings, suspicion or hearsay.
The disciplinary agency will then assess whether there is probable cause to believe that an attorney engaged in professional misconduct. If they are found to have committed such conduct, public sanctions will be levied and recorded against their record.