how do i report a lawyer for ethical misconduct in upstate ny

by Ms. Katelynn McClure Jr. 9 min read

If you think your lawyer has violated an ethical rule, you may file a complaint with the disciplinary board in the state where the lawyer is licensed.

If you believe a lawyer may have violated the Rules of Professional Conduct, you can write a letter to the appropriate Attorney Grievance Committee or fill out and submit a form available from their websites. The form or letter should be as clear, specific and detailed as possible when explaining your complaint.

Full Answer

How do I file a professional misconduct complaint in New York?

Sep 09, 2021 · If you think your lawyer has violated an ethical rule, you may file a complaint with the disciplinary board in the state where the lawyer is licensed. 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 …

How to file a complaint against a lawyer for ethical violations?

It may also be advisable to consult an attorney who can explain all of the available options. To report such conduct to JCOPE, call the tip line at 800-87-ETHICS (873-8442). Click the button below for more information on reporting to JCOPE or other State, federal, and local agencies. Sexual Harassment, Discrimination, and Retaliation.

How is professional misconduct investigated in New York State?

Check the Yellow Pages of your telephone directory for the number of your county bar association’s Lawyer Referral Service; if a Lawyer Referral Service does not operate in your county, you may call the New York State Bar Association’s Lawyer Referral and Information Service at 1-800-342-3661 from anywhere in New York State (from the local Albany dialing …

How do I file a complaint against a doctor in NY?

Jun 17, 2019 ¡ New York's Professional Misconduct Enforcement System For Information on Filing a Complaint Contact: 1-800-442-8106 or conduct@nysed.gov. Note: Complaints must be submitted in writing and cannot be filed by phone. See instructions and the Complaint Form.

What happens if a lawyer is unethical?

As the preamble to the ABA Model Rules explains, “A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.” Private misconduct outside of the practice of law, as well as legal conduct that ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Who regulates lawyers in New York?

the New York State Supreme CourtRegulation of the Legal Profession Lawyers are admitted to practice by the Appellate Division of the New York State Supreme Court and are subject to oversight by that court during the course of their career.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: public.integrity@ag.ny.gov.PIB Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

What do you do when your lawyer lies to you?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

How do I file a complaint with the New York Bar Association?

Filing an attorney complaint You may also call the State Bar's multilingual intake hotline at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.

How do I find out if an attorney is licensed in NY?

Instead, to search for an attorney, you must use the "attorney search" feature on the New York State Unified Court System (USC) website. In addition to the "NYS Bar Association Find a Lawyer" feature, you can search for an attorney at the NYS Office of Court Administration's (OCA) website.Mar 30, 2021

Who is the New York state attorney general?

Letitia James (Working Families Party)New York / Attorney generalLetitia Ann "Tish" James is an American lawyer, activist, and politician. She is a member of the Democratic Party and the current Attorney General of New York, having won the 2018 election to succeed appointed Attorney General Barbara Underwood. Wikipedia

Who does the attorney general of New York report to?

The attorney general acts independently of the governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

How much does the New York attorney general make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80011 more rows

Does New York have any laws addressing deceptive consumer practices?

The New York City Consumer Protection Law forbids all "deceptive or unconscionable trade practices in the sale, lease, rental, or loan, or in the offering for sale, lease, rental, or loan of any consumer goods and services, or in the collection of consumer debts." Under the Consumer Protection Law (commonly referred to ...

HOW ARE ATTORNEYS GUIDED IN THEIR CONDUCT?

As officers of the court, all attorneys are obligated to maintain the highest ethical standards. In furtherance of this obligation, attorneys are guided by a code of conduct, the NY Rules of Professional Conduct, as adopted by the Appellate Division of State Supreme Court.

HOW ARE GRIEVANCES AGAINST ATTORNEYS HANDLED?

In New York State, authority over the conduct of attorneys rests with the Appellate Division of State Supreme Court and the discipline and grievance committees (the “committees”) appointed by that court. The committees are made up of both attorneys and non-attorneys, working with a court-appointed, state financed, full-time professional staff.

WHAT CAN I EXPECT FROM THE GRIEVANCE PROCESS?

The grievance process exists to protect the public. Committee panel members are not paid for their work, but volunteer to do this work in order to maintain the standards of the legal profession. By bringing a complaint to a committee’s attention, the public helps the legal profession achieve its goal.

WHAT IS THE ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM?

In the event of a fee dispute between an attorney and a client, the client may be entitled to request arbitration or mediation of the dispute through the Attorney-Client Fee Dispute Resolution Program established by the New York State Unified Court System.

IF I NEED AN ATTORNEY TO GIVE ME FURTHER ADVICE, WHO CAN I CONTACT?

Many bar associations in New York State operate Lawyer Referral Services. When you contact a service, you will be given the name, address and telephone number of a lawyer in your area who may be able to help you.

WHO CAN I CONTACT FOR FURTHER INFORMATION OR IN ORDER TO MAKE A COMPLAINT AGAINST AN ATTORNEY?

The grievance committees which are appointed by the Appellate Division of State Supreme Court operate on a regional basis. On the reverse side of this brochure is a list of the grievance committees and the counties over which they have jurisdiction.

A Hypothetical

To put some flesh on the problem, let’s start with a hypothetical based on an inquiry recently presented to the Professional Ethics Committee of the Bar Association of Nassau County. (The Committee gave me permission to use the inquiry, but I have altered it slightly.) Suppose your client is an antique dealer.

Text of DR 1-103 (A)

The first place to turn, of course, is to the Code of Professional Responsibility, and specifically to DR 1-103, entitled “Disclosure of Information to Authorities.” Before 1990, DR 1-103 was a very stark rule, stating simply: “A lawyer possessing unprivileged knowledge of a violation of DR 1-102 shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.” (DR 1-102, entitled “Misconduct,” is the litany of things that a lawyer is not allowed to do, starting with the command that a lawyer shall not “ [v]iolate a Disciplinary Rule.”) Thus, the pre-1990 version of DR 1-103 required a lawyer to report every violation of the Disciplinary Rules by another lawyer unless the knowledge of the violation was “privileged.” That was not a very realistic rule and was widely flouted.

When Must You Report?

Various authorities have addressed the question of timing. In N.Y. City 90-3, the committee said that if a lawyer determines that he possesses knowledge of misconduct by another lawyer that must be reported under DR 1-103 (A), “generally” the lawyer must report that knowledge “promptly.” The committee also recalled an earlier opinion, N.Y.

Conclusion

It seems plain that DR 1-103 (A) applies to an opposing lawyer’s misconduct during litigation. Otherwise, the option to report to a “tribunal” would make little sense.

What is professional misconduct?

Professional misconduct is the failure of a licensed professional to meet expected standards of practice. The Board of Regents, which licenses individuals in more than 50 professions defined in Education Law, is responsible for the final disposition of all disciplinary matters.

What is gross negligence?

Engaging in acts of gross incompetence or gross negligence on a single occasion, or negligence or incompetence on more than one occasion. Permitting or aiding an unlicensed person to perform activities requiring a license.

1. COURT DECISIONS

If you disagree with the decision of a judge, the appropriate remedy is to appeal the decision. Please contact the relevant court clerk’s office to obtain information on how to appeal a court decision.

3. RULES OF JUDICIAL CONDUCT

If you believe that a judge may have violated the Rules of Judicial Conduct, you may file a complaint with: the New York State Commission on Judicial Conduct

4. OTHER MATTERS

If you would like the Judicial Branch to look into other concerns about the conduct of a judge, you may contact the Administrative Judge for the court to which the judge is assigned.

Administrative Judges Outside New York City

Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan & Ulster Counties:#N#Hon. Gerald Connolly#N#3rd Judicial District Administrative Judge#N#Supreme Court Chambers#N#Rensselaer County Courthouse#N#Troy, NY 12180#N#518-285-8300#N#Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St.

A Hypothetical

  • To put some flesh on the problem, let’s start with a hypothetical based on an inquiry recently presented to the Professional Ethics Committee of the Bar Association of Nassau County. (The Committee gave me permission to use the inquiry, but I have altered it slightly.) Suppose your client is an antique dealer. He buys some antiques outright and accepts others on consignment. …
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Text of Dr 1-103

  • The first place to turn, of course, is to the Code of Professional Responsibility, and specifically to DR 1-103, entitled “Disclosure of Information to Authorities.” Before 1990, DR 1-103 was a very stark rule, stating simply: “A lawyer possessing unprivileged knowledge of a violation of DR 1-102 shall report such knowledge to a tribunal or other authority empowered to investigate or act upo…
See more on newyorklegalethics.com

‘Knowledge’

  • On our facts, do you have “knowledge” regarding the opposing lawyer’s misconduct? The New York Code of Professional Responsibility does not define the term “knowledge,” and N.Y. City 1990-3 notes that “[w]hat constitutes ‘knowledge’ sufficient to trigger the reporting obligation of DR 1-103(A) is not apparent from the text of the rule.” However, the City Bar’s opinions have con…
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‘protected as A Confidence Or A Secret’?

  • Even if you have “knowledge” of the opposing lawyer’s violation of DR 7-102, you are not expected to report him to the authorities if your knowledge is “protected as a confidence or secret.” I’m sure you know the definition of confidences and secrets, but bear with me while I quote it because I always tell my students that they should read the actual text of a rule every time they interpret it …
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When Must You Report?

  • Various authorities have addressed the question of timing. In N.Y. City 90-3, the committee said that if a lawyer determines that he possesses knowledge of misconduct by another lawyer that must be reported under DR 1-103 (A), “generally” the lawyer must report that knowledge “promptly.” The committee also recalled an earlier opinion, N.Y. City 82-79, in which it had opine…
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Conclusion

  • It seems plain that DR 1-103 (A) applies to an opposing lawyer’s misconduct during litigation. Otherwise, the option to report to a “tribunal” would make little sense. Ethics opinions in New York and elsewhere have therefore consistently expressed the view that a lawyer who possesses knowledge of an opposing lawyer’s misconduct that is not protected as a confidence or secret a…
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