Filing a complaint is easy - especially if you have been diligent about keeping good records - and it costs you nothing. Follow these steps:
- Contact your state attorney discipline board and ask for a complaint form, if they have one, and copies of their brochures and rules. You can also check to see whether this information is available through your state bar's website. Most include information on discipline procedures and some include downloadable complaint forms.
- Fill out the forms or prepare a brief written summary of your complaint. If the complaint form does not give you adequate space to explain your side, attach additional sheets.
- Enclose copies (not originals) of bills, letters, receipts, case documents and any other documentation that supports your claim.
- Keep a copy of your complaint and the originals of any attachments or enclosures.
Complaints are screened by agency staff to determine whether they allege misconduct under the state's rules of professional conduct. Complaints that are not dismissed after initial screening are investigated.
The investigation always includes asking the lawyer named in the complaint for a response to your claims. The agency will allow at least two weeks for that response. The investigation can include gathering documents and conducting interviews. However, the agency often makes its decision based solely on the information you and your lawyer have provided, so it is important to present your case well when you file a complaint.
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