In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online. Some states allow anonymous complaints if the problems impact the general public, while others don’t. Either way, it can be difficult for the agency to investigate a complaint without the cooperation of the complaining party. The board needs to gather evidence before disciplining an attorney, and in some cases, the only available evidence is the testimony of the complaining party. Or, the board might need to know the identity of the complaining party in order to investigate at all—for example, if a client alleges that the lawyer stole funds from a client account, the agency would need to know which client account to focus on. In many cases, complaints come from the lawyer’s own clients. However, other attorneys and even judges sometimes file complaints against attorneys for improper behavior.
Investigation Process In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond. In some states, the complaining party has a chance to comment on the lawyer's response and request an investigation. If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter. For serious violations, the board will hold an evidentiary hearing.
Malpractice Lawsuits The purpose of the state disciplinary board is to discipline lawyers, not necessarily to compensate wronged clients for their losses. If you’re looking for compensation, a malpractice lawsuit is generally the way to go. However, legal malpractice lawsuits can be very difficult to win. Among other things, you 2|Page