how to file a complaint against a lawyer in west virginia

If you believe someone is unlawfully practicing law in the State of West Virginia download the complaint form below and send to Anita Casey at caseya@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311 with the following information. A brief summary of why you believe the individual or company is unlawfully practicing law.

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How do I file a complaint in West Virginia?

The procedures that are followed in filing and processing a complaint against a lawyer are outlined here so that you may understand what is involved. HOW TO FILE A COMPLAINT Anyone who feels his or her lawyer has engaged in professional misconduct may file a complaint with the Office of Disciplinary Counsel by submitting an affidavit setting forth the facts on which the …

How to file a complaint against a lawyer in Virginia?

Procedure for Handling Complaints. Complaints filed with the Commission are referred to counsel, who initially reviews each complaint and either refers the matter to an investigator for examination, asks the respondent judge for a response, or sends it directly to the members of the Commission for study prior to consideration at the next meeting. Those complaints which are …

Who can I file a complaint against?

Any person may file a written verified complaint with the Ethics Commission. The complaint must be notarized. Complaints that are not notarized will not be accepted and will be returned to the sender. And the Commission itself may initiate a Complaint if it receives credible evidence of a material violation of the Ethics Act. All complaints are ...

How do I file a misconduct complaint against a lawyer?

We offer consumers three options for submitting complaints. Option 1: Download and print the forms, fill it out by hand, and mail it (with any copies of documents related to the complaint) to: Office of the Attorney General, Consumer Protection Division, PO Box 1789, Charleston, WV 25326-1789. Option 2: Download and fill out the appropriate PDF form, and e-mail the form and …

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Who reviews a complaint?

Complaints filed with the Commission are referred to counsel, who initially reviews each complaint and either refers the matter to an investigator for examination, asks the respondent judge for a response, or sends it directly to the members of the Commission for study prior to consideration at the next meeting.

How long does a judge have to respond to a complaint?

The judge has ten (10) days after the date of the notice to file a written response to the complaint. All decisions on whether probable cause exists to refer the complaint to the Judicial Hearing Board are made by the Commission at meetings with a majority of the members in attendance.

What are the rules of judicial discipline?

The Rules of Judicial Disciplinary Procedure include a provision that all information provided, documents filed or testimony given with respect to any investigation or proceeding under the Rules of Judicial Disciplinary Procedure shall be privileged in any action for defamation.

Can a complaint be dismissed for lack of probable cause?

Those complaints which are referred directly to the Commission for consideration may be dismissed for lack of probable cause, ordered sent to the respondent judge for a reply or referred to an investigator. Prior to any finding of probable cause by the Commission, a respondent judge shall be notified in writing of the nature of the complaint.

Is the Commission's investigation confidential?

All proceedings of the Commission are confidential except that when a complaint has been filed or an investigation has been initiated, the Office of Disciplinary Counsel may release information confirming or denying the existence of a complaint or investigation, explaining the procedural aspects of the complaint or investigation, or defending the right of the judge to a fair hearing. Prior to the release of information confirming or denying the existence of a complaint or investigation, reasonable notice shall be provided to the judge.

Who can seek advisory opinion?

A judge or the Administrative Director of the Courts may, by written request to the Commission, seek an advisory opinion as to whether certain specific actions contemplated may constitute a violation of the Code of Judicial Conduct. The Commission may render in writing such advisory opinion as it may deem appropriate.

Is advisory opinion binding?

The Commission may render in writing such advisory opinion as it may deem appropriate. An advisory opinion is not binding upon the Judicial Hearing Board or the Supreme Court, but shall be admissible in any subsequent disciplinary proceeding involving the judge who made the request. Complaint Form.

Who can file a complaint against?

You may file a Complaint only against elected and appointed public officials and public employees in state, county, and municipal governments and board s, agencies, departments, and commissions. Complaints may also be filed against “public servant volunteers,” which are persons who, without compensation, perform services on behalf of a public official and who are granted or vested with powers, privileges, or authorities ordinarily reserved to public officials.

Who prosecutes a complaint against a person?

The person against whom the Statement of Charges and Notice of Hearing is filed does not need to be represented by an attorney at the hearing, but may hire an attorney if he or she desires. A staff attorney for the Ethics Commission prosecutes Complaints.

How are ethics complaints reviewed?

Complaints are first reviewed by the Ethics Commission’s Probable Cause Review Board , which functions like a grand jury. The three members of this Board decide whether to dismiss the Complaint or to order that an investigation be conducted by the Ethics Commission attorneys. The Review Board initially determines whether the allegations in the Complaint, if taken as true, state a “material” violation of the Ethics Act. (A material violation is one which is not trivial or inconsequential.) If the Review Board finds that a Complaint states a material violation of the Act, it issues a Notice of Investigation and begins a confidential investigation of the allegations in the Complaint.

When is a complaint made public?

A Complaint is made public only if an order finding that there is probable cause to believe that a violation of the Ethics Act has occurred is entered.

What is a material violation of ethics?

(A material violation is one which is not trivial or inconsequential. )

How long does it take to file an open meeting complaint?

This, understandably, is confusing. Alleged violations should be filed, within 120 days, in the circuit court in the county where the conduct occurred.

Does the Ethics Act apply to candidates running for public office?

The Ethics Act does not apply to candidates running for public office. It applies to people currently holding public office and public employees. Complaints about the conduct of candidates for public office may be made to the Secretary of State’s Office, Elections Division. Elections/Campaigning Complaint​

Where to mail a complaint to the Attorney General?

Option 1: Download and print the forms, fill it out by hand, and mail it (with any copies of documents related to the complaint) to: Office of the Attorney General, Consumer Protection Division, PO Box 1789, Charleston , WV 25326-1789.

How to contact Consumer Protection Hotline?

If you have questions or need assistance filling out any of these forms, please contact our Consumer Protection Hotline at1-800-368-8808. Clicking the links below will download a PDF of the form in a separate tab.

Where to file a complaint against a judge?

Complaints about judges in their judicial capacity. Complaints about state court judges are handled by the Judicial Inquiry and Review Commission at P.O. Box 367, Richmond, Virginia, 23218-0367, telephone (804) 786-6636. For information about making an complaint about a federal court judge, contact: Clerk, U.S. Court of Appeals for the Fourth Circuit, 1100 East Main Street, Room 501, Richmond, VA 23219-3517, telephone (804) 916-2700.

What is a civil dispute with a lawyer?

Civil disputes with a lawyer, such as the lawyer’s failure to pay a bill to someone who has provided goods or services directly to the lawyer, unless it appears that the lawyer impro perly handled client funds.

What is the confidentiality requirement for a lawyer?

The confidentiality requirement means that the VSB cannot and will not discuss your complaint with anyone except you, the lawyer about whom you complain, people who might have information about your complaint, and other persons within the attorney disciplinary system. The VSB requests that you protect the confidentiality of the system by not discussing your complaint or our investigation with others.

What is dissatisfaction with a lawyer's advice?

This applies to civil and criminal cases. The VSB does not investigate or discipline a lawyer solely on the quality of the lawyer’s advice or strategy.

What to do if you are dissatisfied with your lawyer?

Your problem might be the result of some misunderstanding. Tell your lawyer why you are dissatisfied and ask for a full explanation of what is bothering you.

Does Virginia have a confidentiality requirement?

However, the confidentiality requirement will not protect you from a civil lawsuit by a lawyer who believes he or she has been wrongly accused. Virginia law controls this aspect of complaints against lawyers, and the VSB has no control over it. If you have concerns about this area of the law, you should consult a private lawyer for advice.

Is a lawyer's disciplinary hearing confidential?

The Supreme Court of Virginia has adopted rules requiring that the disciplinary process be confidential unless the lawyer receives public discipline (admonition, public reprimand, suspension or revocation) or a matter is scheduled on the VSB’s public hearing docket maintained by the Clerk of the Disciplinary System.

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 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 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 misconduct?

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

Who reviews a complaint?

Complaints filed with the Commission are referred to counsel, who initially reviews each complaint and either refers the matter to an investigator for examination, asks the respondent judge for a response, or sends it directly to the members of the Commission for study prior to consideration at the next meeting. Complaints referred directly to the Commission for consideration may be dismissed for lack of probable cause, ordered sent to the judge for a reply or referred to an investigator.

How long does a judge have to respond to a complaint?

The judge has 10 days after the date of the notice to file a written response. All decisions on whether probable cause exists to refer the complaint to the Judicial Hearing Board and all decisions to dismiss complaints are made at meetings with a majority of the members in attendance.

How long does a judge have to respond to a written admonishment?

The judge has 14 days after receiving the admonishment to object. The written admonishment is available to the public. If an objection to the written admonishment is filed timely, the Commission shall file a formal charge with the Clerk of the Supreme Court of Appeals. Admonishment shall not be administered if: (1) the misconduct involved the misappropriation of funds; (2) the misconduct resulted or will likely result in substantial prejudice to a litigant or other person; (3) the respondent has been disciplined in the last three years; (4) the misconduct is of the same nature as misconduct for which the respondent has been disciplined in the last five years; (5) the misconduct involved dishonesty, deceit, fraud, or misrepresentation by the respondent; (6) the misconduct constituted a crime that adversely reflects on the respondent's honestly, trustworthiness, or fitness as a judge; or (7) the misconduct was part of a pattern of similar misconduct.

Where does the Commission file a formal charge?

If the Commission determines probable cause does exist and formal discipline is appropriate, the Commission files a formal charge with the Clerk of the Supreme Court of Appeals so it can be heard by the West Virginia Judicial Hearing Board.

Is the Office of Disciplinary Counsel immune from civil suit?

All members of the Commission and the Judicial Hearing Board, the Office of Disciplinary Counsel, and their employees, are absolutely immune from civil suit in the same way members of the judiciary in this State are absolutley immune from civil suit for any conduct in the course of their official duties.

Is the Commission immune from civil suit?

All members of the Commission and the Judicial Hearing Board, the Office of Disciplinary Counsel, and their employees, are absolutely immune from civil suit in the same way members of the judiciary in this State are absolutley immune from civil suit for any conduct in the course of their official duties.

Who can seek advisory opinion?

A judge or the Administrative Director of the Courts may, by written request to the Commission, seek an advisory opinion as to whether certain specific actions contemplated may constitute a violation of the Code of Judicial Conduct. The Commission may render in writing such advisory opinion as it may deem appropriate.

How to file a complaint against a doctor in West Virginia?

In West Virginia, the first step in filing a complaint against a doctor is to go through the West Virginia Board of Medicine. This Board is responsible for disciplining medical doctors, physician’s assistants, and podiatrists. Contact the Board’s Complaint Coordinator. If you have a complaint against a physician, download the complaint form found on the Board’s website. The form, called a “Complaint Questionnaire,” will ask for your contact information as well as that of the physician in question. You will describe your complaint in detail, and authorize the release of your records to the West Virginia Board of Medicine.

How to file a complaint against a physician assistant?

Find the Complaint Questionnaire for physician’s assistants and podiatrists on the website, under “Forms.” You can also contact the Board and request a Questionnaire via mail. Sign and date your completed Questionnaire, and mail it to the Board for Medical Doctor, Podiatrist, or Physician Assistant based on the subject of your complaint. Once the board receives your Questionnaire, the Board will send a copy of it to the person against whom you have made the complaint.

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Can you file a claim against a doctor for negligence?

If you intend to file a claim for harms a doctor’s negligence caused you, it is not enough to feel dissatisfied with a doctor’s visit or with your health prognosis. An undesirable outcome does not constitute medical malpractice. To have a legal complaint against a physician, he or she must be guilty of professional negligence. Professional negligence is the failure to do what a reasonably skilled and competent doctor would in the same or similar circumstances. To prove medical malpractice, a plaintiff needs four elements:

Who owed the plaintiff a duty of care at the time of the harm?

The doctor owed the plaintiff a duty of care at the time of the harm.

Can you file a medical malpractice claim in West Virginia?

If you believe you have these four elements, you may have grounds for a medical malpractice lawsuit against the doctor in question. You may still file your complaint with the West Virginia Board of Medicine, but you should also speak to a West Virginia medical malpractice attorney. The law in our state requires expert testimony to establish and prove a medical malpractice case. A lawyer can help you with this requirement and with the complex claims process.

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 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.

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.