how to file a complaint against a lawyer in maine

To file a complaint, or learn about grievance complaints against a Maine attorney, visit the Board of Overseers website. You may also download a grievance complaint form here. Maine State Bar Association does not have authority over attorney conduct, licensing, or fee disputes. If you wish to file a complaint, you must contact the Board of Overseers.

Full Answer

How do I file a complaint with the Maine State Bar Association?

Maine State Bar Association does not have authority over attorney conduct, licensing, or fee disputes. If you wish to file a complaint, you must contact the Board of Overseers. Get a referral and up to 30 minutes’ consult with a qualified, local lawyer for $25

How do I file a complaint against a lawyer?

Complaints about fees charged by your lawyer should be directed to the Fee Arbitration Commission at the office of the Board of Overseers of the Bar. The Central Intake office reviews each signed and completed complaint to determine whether the conduct alleged, if proven true, could be a violation of the Rules.

How do I dispute a lawyer’s fee in Maine?

The Maine Bar Rules require that all attorneys admitted to practice in this State shall submit, upon the request of the client, to the resolution of any fee dispute in accordance with Rule 9. If you have a dispute about a lawyer’s fee, you may ask that your dispute be resolved by the Board of Overseers of the Bar’s Fee Arbitration process.

How to file a small claim in Maine without a lawyer?

(The Maine Bureau of Corporations, Elections & Commissions has records of registered agents.)” From A Guide to Small Claims Cases, Part B. 2. Read the guide. If you are not represented by a lawyer, you can go to Maine Courts Guide & File “Start a New Filing and choose “Small Claims” as the type of filing.

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.

How do I file a complaint against a lawyer in the US?

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.

How many attorneys are there in Maine?

Find the Right Lawyer in Maine There are currently 3,865 attorneys actively serving a population of 1,329,192 Maine residents. Only 3,100 of these licensed attorneys are members of the Maine State Bar Association, which is an entirely voluntary bar association despite having been created by the Maine Legislature.

How do I file a complaint against a business in Maine?

Where to GoBetter Business Bureau. BBB Online Complaint Form.Federal Trade Commission. ... Maine State Attorney General's Office. ... Consumer Financial Protection Bureau. ... Food and Drug Administration. ... Federal Communication Commission. ... Office of Professional and Occupational Regulation. ... Maine Bureau of Consumer Credit Protection.More items...

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

Who is the DA in Maine?

District Attorney: Jonathan Sahrbeck, Esq. District Attorney: Matthew Foster, Esq.

What does the Attorney General do?

The Attorney General is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. The Attorney General defends the constitutionality of Bills referred to the Supreme Court under Article 26 of the Constitution.

Who is the Attorney General of Maine?

Aaron Frey (Democratic Party)Maine / Attorney generalAaron M. Frey is an American lawyer and politician serving as the 58th Attorney General of Maine since 2019. He formerly served as a Democratic representative in the Maine House of Representatives. Wikipedia

How do I contact the Maine attorney general?

Contact the Office of the Attorney GeneralPhone: 207-626-8800.TTY: 711.Mailing Address: 6 State House Station Augusta, ME 04333.

Who is the assistant attorney general of Maine?

Johanna Gauvreau - Assistant Attorney General - Drug Prosecutor - State of Maine Office of Attorney General | LinkedIn.

How do I file a complaint against a private company?

The best way to do this is to file a complaint directly with the Ministry of Corporate Affairs (MCA). One has to fill in the form as per the guidelines mentioned in the form and provide all the mandatory data as required. Once done with the form fill up, one has to complete the Check Form and Pre-scrutinize the form.

What are the rules of professional conduct in Maine?

The professional conduct of every lawyer practicing law in the State of Maine is governed by the Maine Rules of Professional Conduct and the Maine Bar Rules as promulgated by the Maine Supreme Judicial Court. The Board of Overseers of the Bar was created by the Court in 1978. The Board consists of six lawyers and three lay members (non-lawyer members of the public). The Board appoints members to three commissions established by the Bar Rules: the Fee Arbitration Commission, the Grievance Commission, and the Professional Ethics Commission. All members of the Board and its commissions serve as volunteers.

What is the Maine Bar Rules?

The Maine Bar Rules require that all attorneys admitted to practice in this State shall submit, upon the request of the client, to the resolution of any fee dispute in accordance with Rule 9. If you have a dispute about a lawyer’s fee, you may ask that your dispute be resolved by the Board of Overseers of the Bar’s Fee Arbitration process.

How many lawyers are on the Board of Overseers of the Bar?

The Board of Overseers of the Bar was created by the Court in 1978. The Board consists of six lawyers and three lay members (non-lawyer members of the public). The Board appoints members to three commissions established by the Bar Rules: the Fee Arbitration Commission, the Grievance Commission, and the Professional Ethics Commission.

What does a lawyer represent?

The profession does not need those who feel they must resort to deception to conduct their practice. A lawyer represents one party to a transaction while also the attorney for the other side.

Is a mistake unethical conduct?

An honest disagreement about how a case should be handled — or should have been handled — does not constitute unethical conduct, even if the outcome of the case is disappointing. A mistake does not necessarily constitute unethical conduct either. If a mistake causes a loss, the client may be able to recover the loss in a civil suit against ...

Is a mistake in judgment unethical?

But a simple mistake or error in judgment by itself is not unethical conduct. There are situations that a client may find most annoying, but that do not constitute unethical conduct.

Can a lawyer give you money?

A lawyer cannot or will not give you money that he or she is holding on your behalf and to which you are entitled, or will not provide you a complete written accounting for that money. A lawyer continually fails to respond at all to inquiries about your case, to tell you about court dates, or to appear in court.

Call us

Our consumer hotline accepts calls between 9 am - 12 noon and 1 pm - 4 pm, Monday – Friday.

Write us

Attorney General's Consumer Information and Mediation Service 6 State House Station Augusta, Maine 04333

Maine's Lemon Law

Maine's Lemon Law applies to new vehicles in for repair before reaching 18,000 miles. The vehicle must still be covered by the manufacturer's warranty and be less than 3 years old. Contact the Maine Lemon Law Arbitration Program at lemon.law@maine.gov or call the consumer hotline number above.

Who makes a complaint in a court?

The grievance process starts with a written complaint made by a client, another lawyer, a judge, or a third party. The person making the complaint is the complainant. The lawyer involved is the respondent. A complaint must be in writing and signed by the complainant and may be submitted on a complaint form.

What happens if you file a grievance against your lawyer?

As a result of filing a grievance complaint against your lawyer on a current matter, your lawyer will most likely withdraw from further representation of you.

What is a petition in a disciplinary hearing?

If the Review Panel refers the case to a disciplinary hearing open to the public, Bar Counsel will prepare and file a document called a petition. The petitioner will be the Board of Overseers, not the complainant. The petition sets forth the facts of the case, alleges specific violation (s) of the Rules, and asks for an appropriate disposition. The petition is served on the respondent. The case is then assigned to a Hearing Panel (different from the Review Panel) of the Grievance Commission to hear evidence. The complainant and the respondent will be notified in advance of the date of the hearing. The complainant and respondent should be prepared to testify under oath at the hearing. Witnesses may be subpoenaed or legally compelled to appear and testify at the hearing. Disciplinary hearings are conducted in a manner very similar to a civil trial. All witnesses are sworn. Bar Counsel presents the Board’s case to a Hearing Panel with the respondent having the right to cross-examine all of the Board’s witnesses. The respondent then presents his or her case to the panel, and Bar Counsel cross-examines the respondent’s witnesses. After all the evidence is received by the panel, the public part of the hearing is concluded and the panel confidentially deliberates. Typically, the panel will issue a written decision two to four weeks after the hearing. Bar Counsel will then promptly notify the complainant and respondent of the Hearing Panel’s decision. These decisions are available to the public upon request and, if discipline is imposed, will be published by the Board on its web site upon becoming final. The Hearing Panel will make one of the following dispositions:

How does the Central Intake Office review a complaint?

The Central Intake office reviews each signed and completed complaint to determine whether the conduct alleged, if proven true, could be a violation of the Rules. If the complaint does not allege conduct that would violate the Rules, the Central Intake Office will issue a letter of dismissal to the complainant stating a brief reason for that dismissal. A copy of the letter of dismissal will be sent to the respondent. If such a dismissal occurs, the complainant has the right to request that the Central Intake Office’s dismissal be reviewed. Reviews should be requested within 14 days of the notification of the dismissal. Reviews are done by a public member of either the Board or the Grievance Commission. If the public member approves the dismissal, the complainant and respondent will be informed, and the matter remains dismissed. If the public member determines that the conduct alleged, if proven true, could be a violation of the Rules, the complaint will be returned to Bar Counsel for further investigation, and the complainant and the respondent will be notified. If the complaint does allege conduct that would violate the Rules, the Central Intake Office will forward the complaint to Bar Counsel for investigation. Bar Counsel will send the respondent a copy of the complaint. The respondent must respond in writing to Bar Counsel. Bar Counsel may send a copy of the respondent's answer to the complainant to allow for additional written comment or documentation from the complainant. Bar Counsel will submit any additional material from the complainant to the respondent for review. After investigation Bar Counsel will then determine if the complaint needs to be dismissed, dismissed with a warning, or issue a report to the Board Clerk recommending the filing of formal charges with a Grievance Commission Panel. If the complaint is dismissed Bar Counsel will issue a letter of dismissal to the complainant stating a brief reason for that dismissal. A copy of the letter of dismissal will be sent to the respondent. If such a dismissal occurs, the complainant has the right to request that the Central Intake Office's dismissal be reviewed. Reviews should be requested within 14 days of the notification of the dismissal. Reviews are done by a public member of either the Board or the Grievance Commission. If the public member approves the dismissal, the complainant and respondent will be informed, and the matter remains dismissed. If the public member determines that the conduct alleged, if proven true, could be a violation of the Rules, the complaint will be returned to Bar Counsel for further investigation, and the complainant and the respondent will be notified.

What happens if a review panel finds probable cause of a lawyer's violation of the Rules?

If a review panel finds probable cause of a lawyer's violation of the Rules, another panel will hold a hearing with testimony and other evidence and make a decision about whether the lawyer did violate the Rules . Disciplinary action may be imposed on a lawyer found by a hearing panel to have violated the Rules.

What is the Grievance Commission?

The Grievance Commission. The Grievance Commission consists of five geographically distributed panels each composed of two lawyers and one lay member. Bar Counsel (attorneys employed at the Board of Overseers of the Bar) investigate and, when directed by the Grievance Commission, prosecute complaints alleging misconduct.

How long does it take to get a review of a dismissal?

Reviews should be requested within 14 days of the notification of the dismissal. Reviews are done by a public member of either the Board or the Grievance Commission. If the public member approves the dismissal, the complainant and respondent will be informed, and the matter remains dismissed.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

What happens if a plaintiff wins a small claims judgment?

If the plaintiff wins and the defendant does not pay the small claims judgment voluntarily, the plaintiff will need to take additional steps to collect. A common step is to request that the defendant (now also called the judgment debtor) go to court for a Disclosure Hearing to determine whether the defendant/judgment debtor has sufficient income or assets to pay the judgment.

How long does it take to file a small claims appeal?

Appealing the case. Either side can file a Notice of Appeal within 30 days of losing a small claims case. A plaintiff can only appeal on a question of law, which means that the judge made an error in applying the correct legal principle to the case. A defendant can appeal on a question of law or a question of fact.

What happens if mediation is unsuccessful?

If mediation is unsuccessful, the court then holds a hearing. Learn more about mediation. In the hearing, the plaintiff goes first. The plaintiff has to show by testimony and other evidence that the defendant is liable for the money being sued for. The defendant may also testify and offer other evidence.

What does a judge do after a jury trial?

The judge hears the case without a jury and decides whether the evidence offered entitles the plaintiff or the defendant to win. After the hearing is over, the judge announces the decision, or, sometimes, takes the case "under advisement.".

What happens if you don't show up in a small claims case?

If you do not show up, you will likely lose the case by default. As a defendant in a small claims case, there are several things you can do to respond: If you owe money to the plaintiff, you can try to work out a settlement; You can contact a lawyer or legal assistance organization for advice;

What is a small claims court?

Small claims court is a session of the District Court. Anyone can bring a case or be a defendant in small claims court with a few exceptions. For example, you cannot sue a city or town in small claims court.

Can a defendant testify?

The defendant may also testify and offer other evidence. Both sides may call witnesses. All testimony is given under oath, which means that the person testifying promises to tell the truth, the whole truth, and nothing but the truth, to the best of his or her recollection and belief.