how to file a complaint against a lawyer in s.c.

However, if you want to file an ethical complaint against a South Carolina attorney, please contact the Office of Disciplinary Counsel, which is part of the South Carolina Supreme Court. Find more information and an online compliant form.

Full Answer

How do I file a complaint against a lawyer in SC?

If you have a a complaint about a lawyer—which you believe can be proven and documented clearly and convincingly by obtainable evidence—write or call: Office of Disciplinary Counsel Post Office Box 12159 Columbia, South Carolina 29211 (803) 734-2037. What happens after you file a complaint?

When to file a disciplinary complaint against a lawyer?

A grievance, or complaint, may be brought against an attorney if he or she violates the attorney’s Oath of Office, the Rules of Professional Conduct, criminal laws, or other rules governing the lawyer’s conduct. Anyone can file a disciplinary complaint against a lawyer alleging the lawyer has engaged in misconduct or is incapacitated.

How to file a complaint against an attorney for 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 jurisdiction (links below). Filing a complaint against an attorney is a serious matter, and should be limited to significant problems.

What are the reasons for filing a complaint against a lawyer?

Reasons for filing a complaint against a lawyer include: Mishandling and misappropriation of funds or other property held by attorney lawyer for a client or third party. Accepting a fee to do legal work, and not doing the work within a reasonable length of time.

How do I file a complaint against an attorney in South Carolina?

Office of Commission Counsel.Deborah S. McKeown. Commission Counsel.1220 Senate Street. Suite 111. Columbia, SC 29201.Commission on Lawyer Conduct. Barbara Hinson. Administrative Assistant.Telephone: (803) 734-2037. Fax: (803) 734-0363.Commission on Judicial Conduct. Jody W. Gilham. Administrative Assistant.

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 unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What does filing a complaint with the attorney general do?

Complaints are used by the Attorney General's Office to learn about misconduct and to determine whether to investigate a company. However, the Attorney General's Office cannot provide legal advice or assistance to individuals.

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 I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What is considered an ethical violation?

What is an ethical violation? In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.

What are the common breaches of ethics committed by lawyers?

The following are some of the most common ethical violations that can be encountered:The attorney failed to communicate with the client. ... The attorney has failed to return important documents to the client. ... The attorney demonstrated incompetence. ... Conflicts of interest were apparent. ... Financial discrepancy was apparent.

Who are lawyers accountable?

​Lawyer Accountability ​The legal profession is largely self-regulated, which makes it difficult for bad lawyers to be held accountable to their clients. Lawyers are often exempt from consumer fraud laws and other protections that apply to every other provider of consumer services.

What happens after complaint is filed?

Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. Then he examines, upon oath, the complainant and the witness (es), if any. The complaint is then reduced to written form. The complainant and the witness(es) need to sign the same in front of the Magistrate.

Do Lawyers come under consumer protection Act?

In the case of D.K. Gandhiv. M. Mathias,42 the National Consumer Redressal Commission made it clear that all professionals, including lawyers, should come under the ambit of the CPA.

What are the duties and responsibilities of the attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who can file a complaint against a public official?

The State Ethics Commission is also authorized to file a complaint against any public official, public employee, or public member who is suspected of violating the Ethics Reform Act. Faxed copies will not be accepted.

Who can file a complaint with the State Ethics Commission?

Anyone who suspects that a violation of the law has been committed by a public official, public member, or public employee may file a complaint with the State Ethics Commission.

How long does it take to appeal a dismissal?

Any dismissed complaints may be refiled or appealed with new or additional facts within ten days after the dismissal to the full Commission. If there are sufficient facts presented, the complainant and respondent are notified and the complaint is referred to the Commission staff for investigation.

What is the purpose of the Commission's investigation?

The Commission will conduct an investigation to seek witnesses or evidence to determine whether there is probable cause to believe the allegations made in the complaint. Witnesses may be interviewed, evidence subpoenaed, and depositions may be taken to determine the facts in the alleged violation.

What is the penalty for a misdemeanor?

Any criminal activity is subject to prosecution by the Attorney General's office If found guilty of a violation, the Respondent is guilty of a misdemeanor and subject to a fine of up to $5,000, imprisonment for not more than 1 year, or both.

How long does it take to serve a copy of a written testimony to the Commission?

All the evidence and testimony are presented during the hearing and any expert's reports and other evidence can be used, providing a copy of the writing is served to the Commission and any other counsel at least seven days prior to the scheduled hearing.

Who is notified of dismissal?

The Respondent and Complainant are notified of the dismissal; however, if the Commission determines there is probable cause, it shall order a hearing before a three Commission member panel drawn at random. At this point the complaint and the Notice of Hearing or dismissal order become public.

What We Can Do For You

Evaluate your complaint and take enforcement action if we determine that there has been a violation of the statutes or regulations that we administer.

What We Cannot Do For You

We cannot bring a lawsuit in your name to recover money you may have invested.

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 factors affect the likelihood of a consumer complaint being filed?

Several factors, including a company’s size and volume of transactions, may affect the likelihood of a consumer complaint being filed. The number of complaints about a business may not be a reliable measure as to whether it is appropriately conducting business.

Can you file a complaint with SCDCA?

If the industry or issue at the center of your complaint is listed, try contacting the other agency first. Filing directly with the agency may get you an answer faster. If the agency says they cannot handle your complaint, feel free to file with SCDCA and let us know who you contacted.