how to file a complaint against a lawyer in pa

by Peter Hyatt 8 min read

If you have had a problem or issue with a lawyer in Pennsylvania, you can file a complaint with a district office of the Disciplinary Board of the Supreme Court of Pennsylvania

Supreme Court of Pennsylvania

The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvan…

. The board will work with you to resolve the issue. Call the Disciplinary Board of the Supreme Court of Pennsylvania.

Full Answer

How to find out about complaints on attorneys?

To file a complaint, fill out the electronic form below. For FAQs related to the complaint process, click here. MAIL. If you prefer, you can print the fillable English-language complaint form found here. After signing the completed form, mail it directly to …

How do you file a complaint against an attorney?

Dec 09, 2019 · Consumers can make complaints to the Pennsylvania Bar Association Disciplinary Board through the website or by printing or requesting a paper form from them. The complaint should include: Consumer contact information. Attorney’s contact information. Relevant court case information, if applicable.

How to file a complaint against an attorney?

How do I file a complaint against an attorney? Contact the Disciplinary Board of the Supreme Court of Pennsylvania at one of the following number: If the attorney practices in Philadelphia County, call 215-560-6296 In the rest of Eastern Pennsylvania, call 610-650-8210 In Central Pennsylvania, call 717-772-8572 In Western Pennsylvania, call 412-565-3173

How do you file a complaint in Pennsylvania?

Submit a Complaint. The Pennsylvania Office of Attorney General receives more than 50,000 complaints and referrals each year, which allows us to fight on your behalf. You can submit a complaint online or by printing out and sending a form into our office. The more information you provide, the better we can help you.

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Where to send a statement of complaint in Pennsylvania?

You may request a Statement of Complaint Form by mail, by calling the Professional Compliance Office Hotline at 1-800-822-2113 (if you are calling from within Pennsylvania) or at 1-717-783-4854 (if you are calling from outside Pennsylvania). Return the completed form to the Professional Compliance Office at: Department of State, Professional Compliance Office, PO Box 69522, 2601 North Third Street, Harrisburg, PA 17106-9522. Be sure to include any attachments and supporting documents (legible copies, no originals) that you wish to provide in support of your complaint.

How long does it take to file a complaint against a licensee?

The Order to Show Cause sets forth allegations and directs the licensee (Respondent) to file a written Answer to those allegations within 30 days.

How long does it take to hear an answer in court?

After the Respondent files an Answer, the matter is generally scheduled for hearing. If the matter is scheduled for hearing, the case is heard and a decision, known as an Adjudication and Order, is rendered, usually within six (6) months after the evidentiary record has been closed. If the Respondent is unhappy with the outcome, he or she may appeal the decision to Commonwealth Court.

What is disciplinary action?

Disciplinary actions are a matter of public record and are subject to release by the Department of State's Office of Communications and Press to various news agencies in the Commonwealth.

How many professional and occupational licensing boards are there in Pennsylvania?

The Pennsylvania Department of State receives complaints concerning the licensees and registrants of the following 29 professional and occupational licensing boards & commissions regulated by the Department's Bureau of Professional and Occupational Affairs.

Can disciplinary action be filed against a licensee?

Decisions about whether or not to prosecute cases are constrained by the applicable licensing laws, rules and regulations, which set forth specifically enumerated offenses for which the licensing boards and commissions may impose discipline on a licensee. If offensive conduct or activity does not fit within any specifically enumerated offense, disciplinary action cannot be filed against the licensee because the activity is not within the applicable board or commission's jurisdiction

How to file a complaint against the Pennsylvania Bar Association?

Consumers can make complaints to the Pennsylvania Bar Association Disciplinary Board through the website or by printing or requesting a paper form from them. The complaint should include:

What is a lawyer's hotline?

The hotline is only for members of the bar to request an assessment of their own options in complicated situations. Complaints of misconduct are appropriate when a lawyer is breaking the law or engaging in deceptive conduct or provides such poor-quality service that his clients suffer because of it.

Why is there a gray area in PA?

Why? Legitimate gray areas exist when it comes to practicing law that might require a lawyer to violate one rule to uphold more important responsibilities. Ethical quandaries are commonplace in the profession and the reason behind the PA Disciplinary Board Ethics Hotline. The hotline is only for members of the bar to request an assessment of their own options in complicated situations.

What are the four types of misconduct in a prosecutor?

Academically speaking, there are four types of widely recognized prosecutor misconduct: Offering inadmissible evidence in court. Suppressing evidence from the defense.

Is a disciplinary board investigation confidential?

It’s important to be as thorough as possible as the Disciplinary Board will only investigate the information provided. While these filings are confidential, it’s customary to include the names and contact details of any other people involved in the incident.

Who must appear before the Supreme Court for censuring?

Public Censure ─ Must appear before the Supreme Court for censuring.

Can the PA Bar Association opt for public or private disciplinary measures against an offending lawyer?

The Pennsylvania Bar Association Disciplinary Board can opt for public or private disciplinary measures against an offending lawyer. When consumers request information about a member of the PA Bar Association, complaints and public disciplinary measures are reported. Also, this information is not available through the PA Disciplinary Board Ethics ...

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 ...

Do I have to identify myself when I file a complaint?

No, but it is strongly encouraged that you do. Although the Board does accept anonymous complaints, they are much more difficult to investigate.

Filing a Complaint by Mail

There are two versions of our Request for Investigation form available. The first version is for Microsoft Word. If you have Microsoft Word, open the complaint form. You can then fill out most (all but date and signature) of the form in Word, Print It, Sign It, and Mail it to us.

1. Drafting the Complaint

As with most other states, filing a complaint is the first step to beginning a lawsuit in Pennsylvania. This is the document in which you lay out the allegations against the defendant and allege how you have been harmed. Keep in mind that you do not need to try and prove your allegations in the complaint. You are only alleging what happened.

2. Filing and Serving the Complaint

Once the complaint has been drafted in the proper style and format, the plaintiff will need to file it at the appropriate courthouse and pay the applicable filing fee. If a plaintiff has limited financial means, they may be able to qualify for a fee waiver/deferral and can ask the court clerk for a fee waiver application.

3. Engaging in the Discovery Process

Once served, the defendant will have a certain amount of time to respond by filing an ‘Answer’ to the complaint. After an answer has been filed, both sides will engage in ’Discovery’, where they are required to disclose information to each other.

4. Presenting your Evidence in Court

After discovery is complete, a hearing or trial will be set and both sides will present their case to a judge, jury, or private arbitrator. This includes submitting exhibits and interviewing witnesses.

What is probable cause for a complaint?

A person who signs a complaint alleging a violation of the Ethics Act has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based and either: (1) reasonably believes that under those facts the complaint may be valid under the Ethics Act; or (2) believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information.

What happens if a complaint is not within the jurisdiction of the Commission?

If the matter is not within the Commission's jurisdiction or if the complaint lacks sufficient information, it will not be processed and the complainant will be notified.

What happens if there is no wrongful use of act?

If the Commission determines that there has been no wrongful use of act, the subject may appeal such decision to the Commission at which time the subject must show cause why the complainant violated such provisions.

How long does it take to complete a preliminary inquiry?

A preliminary inquiry must be completed within 60 days, after which it must either be terminated or opened as a full investigation. If after a preliminary inquiry the matter is terminated, both the complainant and subject of the inquiry will be notified. If a complaint is frivolous, the Commission must so state.

How long does it take to get a full investigation report?

Such reports must be issued within 360 days of the initiation of the full investigation.

What is the purpose of consulting with a law enforcement official or agency?

Consulting with a law enforcement official or agency for the purpose of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency. Testifying under oath before a governmental body or a similar body of the United States of America.

How much is the penalty for not filing a financial statement?

In addition to any other civil or criminal penalty provided for in the Ethics Act, failure to timely file a Statement of Financial Interests or the filing of a deficient statement may result in a civil penalty of not more than $25 per day up to $250.

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.

What are the rules of professional conduct?

The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.

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