how to file a complaint against a lawyer in montana

File a Complaint If you have a legitimate complaint about your attorney, call the local OPD office and ask for the attorney's supervisor, who can resolve most problems. If you cannot reach the supervisor or if the supervisor cannot resolve the problem, you may submit a complaint via the CLIENT PORTAL (will need to create an account to login).

Full Answer

How to file a complaint in the state of Montana?

Filing a Complaint 1 Intake. A person who believes that they have experienced illegal discrimination should contact the Montana Human Rights Bureau at (406) 444-4356 or 1-800-542-0807. 2 Voluntary Resolution as an Alternative. Voluntary resolution can expedite your case. ... 3 Investigation. ... 4 Conciliation. ... 5 Public Hearing. ...

How do I file a complaint against a lawyer?

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 do I contact the Office of consumer protection in Montana?

(If you unsure if the Office of Consumer Protection is the correct agency, please review our Helpful Agencies and Resources section for other agencies and resources that may be helpful in assisting with your problem. You may also call the Office of Consumer Protection at (406) 444-4500 or (800) 481-6896.)

How do I contact Montana citizen’s advocate?

You may also call the Montana Citizen’s Advocate Office at (406) 444-3468 or (800) 332-2272.

How do I file a complaint against an attorney in Montana?

The phone number and address are (406) 449-6577, P.O. Box 577, Helena, MT 59624. There is no fee for this service. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances.

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.

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.

What are the sanctions for a license violation in Montana?

Board disciplinary sanctions against licensees are authorized by § 37-1-312, Montana Code Annotated (program sanctions by § 37-1-406, Montana Code Annotated) and range from reprimand or fines, to restriction, suspension, or revocation of the license , depending on the severity of the violation. These sanctions constitute the limit of board authority.

What is the Montana Department of Public Health and Human Services?

The Montana Department of Public Health and Human Services (DPHHS) regulates health care facilities, residential care facilities, and nurse aides. If you have a complaint involving one of these facilities or persons, you should contact DPHHS or visit their website at https://dphhs.mt.gov/.

What happens when a panel dismisses a case?

The panel may dismiss the case if it decides there is no violation of law or that formal disciplinary action is unwarranted. Alternatively, the panel may find reasonable cause to believe a violation of the laws has occurred that warrants disciplinary action.

Who is the party in a disciplinary action?

The “parties” in a disciplinary action are the Department and the licensee or license applicant. The “parties” in an unlicensed practice case are the Board and the unlicensed person. We may ask you to submit additional information, clarify the complaint, or testify at a hearing or other legal proceeding.

Can a licensee request a hearing before an impartial hearing officer?

Alternatively, the licensee may request a hearing before an impartial hearing officer to contest the proposed disciplinary action.

Is the information provided legal advice?

The information provided is not legal advice. If you need legal advice, you should consult a private attorney. The current license status and information regarding disciplinary action (s) against any licensee can be accessed using our online License Search tool.

Can you bring charges against someone for unprofessional conduct?

Generally, no. To bring formal charges, the department must have evidence in the form of a document or statement to prove whether someone has engaged in unprofessional conduct. If your statement is the sole manner of proving unprofessional conduct, your testimony may be required at an administrative hearing.

What to do if you have a complaint against a government agency?

If your complaint is against a government agency – If your complaint is with a government agency rather than a business, contact the elected officials with authority over that agency. For example, if it is a federal agency, contact your U.S. representative or senator. For a local agency, contact a city or county official.

What should be included in a complaint?

The complaint should include the name and address of the business, with a detailed explanation of what the problem is, and what you have done. Copies of relevant documents such as receipts, warranties, cancelled checks, contracts, etc. should either be uploaded with the on­line complaint, or mailed with the form complaint.

What happens if you complain to OCP?

Upon receipt of your consumer complaint, OCP’s investigators will evaluate the complaint and documentation. If OCP needs more information, you will be contacted. If you need to provide additional information, please do so in writing.

Why does the Office of Consumer Protection keep your complaint on file?

The Office of Consumer Protection will keep your complaint on file so that we can monitor illegal practices in the marketplace.

What happens if OCP has authority over a complaint?

If it is determined that OCP has authority over your complaint, the investigator will send a letter to the business, along with your complaint, to give the business an opportunity to document its position and to resolve the problem if possible. If it is determined that there was not a violation of the Consumer Protection Act or ...

What is the most frustrating consumer complaint?

If the company has moved or gone out of business – Perhaps the most frustrating consumer complaint is one against a company that is out of business.

How to explain a dispute?

Describe the dispute. Explain in detail actions you have taken in good faith to resolve the complaint and why you feel the business should not be paid.

How to contact Montana Human Rights Bureau?

Intake. A person who believes that they have experienced illegal discrimination should contact the Montana Human Rights Bureau at (406) 444-4356 or 1-800-542-0807. If the alleged discrimination is within the jurisdiction of the Human Rights Bureau, a telephone interview will be scheduled with an investigator.

How long does it take to file a complaint against a federal agency?

A formal complaint must be filed with the Bureau within 180 days of the alleged discriminatory action.

What is a position statement in a criminal investigation?

The investigator will obtain a position statement from the respondent. The position statement will be forwarded to the charging party for a rebuttal. The investigator may request additional information, make an on-site inspection or hold an in person fact finding conference, as part of the informal investigation.

How long does it take to get a housing case investigated?

The investigation must be completed within 180 days (120 days in housing cases). If the case cannot be resolved, a Final Investigative Report summarizing the investigation is issued to the parties. In this report, the investigator recommends a finding of “reasonable cause,” meaning there is reason to believe that illegal discrimination occurred; or “no reasonable cause,” meaning the evidence does not support a finding that illegal discrimination occurred.

How long does it take to get notified of a complaint?

Once a complaint is filed with the agency, the respondent will be notified within 10 days.

What is the name of the agency that handles human rights complaints?

The Department of Labor and Industry, Human Rights Bureau, is a neutral administrative agency in the process. The person filing the complaint is referred to as the "charging party". The business or entity against whom the complaint is filed is called the "respondent".

What happens if a lawyer complains about a lawyer?

If the complaint is sustained, the disciplinary board will begin its investigation. Sometimes the lawyer will be required to appear at a hearing and answer questions about the incident that prompted the complaint. If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money. It usually serves only to admonish, suspend, or disbar attorneys who break the rules governing the practice of law.

What happens if a complaint is found to be true?

If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money.

What is the name of the board that handles complaints against lawyers?

In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board . Some states rely on their state bar associations to discipline their attorneys.

Do lawyers make mistakes?

Most lawyers do their most to provide the best representation possible. However, every so often lawyers do not act properly or make serious mistakes, and in those cases their clients can file a complaint with the entity responsible for overseeing the practice of law in their state.

Can disciplinary action affect your attorney?

For attorneys, a disciplinary action is very serious as it can directly affect their ability to earn a living. It may be best to first try and resolve any dispute you have with the attorney on your own. Also note that if you have a legal matter pending and you file a complaint against your lawyer, that lawyer must stop representing you in most states, so it may be a good idea to have another attorney lined up to take over in advance.

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 to do if you believe an attorney has committed professional misconduct?

If you believe an attorney has committed professional misconduct, you have the option of filing a complaint with the attorney regulatory authorities in your juris diction (links below).

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 ...

July 13, 2018

The Montana legal system gives you several options to help resolve disputes over money, property, or other legal damages. If someone owes you money or property, or if someone else’s actions have caused you harm, you may want to sue them to recover your losses.

Step 1: Send a Demand Letter

Before you file a complaint against someone, you should start by sending them a demand letter.

Step 2: File a Complaint

Your complaint can be filed in the county where the defendant will be served or in the county where they live.

Step 3: Work on a Resolution

You and the defendant can still resolve your dispute before the hearing. If you decide on a settlement outside of court, you and the defendant should sign a written agreement and submit give a copy to the clerk of the small claims court. Your complaint will be dismissed and you can both go on with your lives.

How to file a complaint against a lawyer?

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.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is a conflict of interest in law?

Conflicts of interest. Lawyers owe a duty of loyalty to their clients, which means they must act with the client’s best interests in mind. This includes avoiding situations that would create a conflict of interest—such as representing two clients on opposite sides of the same case or taking on a new client who wants to sue an existing client.

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

Who reviews ethics complaints?

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.

What is the Montana Code of Judicial Conduct?

Montana Judges adhere to the Montana Code of Judicial Conduct, which establishes standards for ethical conduct and provides guidance for maintaining the highest standards of judicial and personal conduct. The Code is based on principles inherent to both our state and United States legal systems. That is, of an independent, fair, and impartial and competent judiciary, composed of men and women of integrity who must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system.

Can a water court judge be substituted in Montana?

For both civil and criminal actions in Montana (with exceptions), each adverse party is entitled to one Substitution of a District Court Judge. This does not apply to any judge sitting as a water court judge, to a workers' compensation court judge, or to a judge supervising the distribution of water. To request substitution, the party must motion the court according to the applicable statutory requirements and rules of civil procedure.