how to file a complaint against a south carolina lawyer

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?

Full Answer

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

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.

What happens if you file a complaint against an attorney?

Filing a complaint against an attorney is a serious matter, and should be limited to significant problems. Issues like slowness to respond, curtness, lack of empathy, condescension, or even sloppy legal work - while often meriting a cautionary review on Avvo - will rarely suffice. That's because in order for the regulators to punish an attorney ...

How do I 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.

How do I find a lawyer in South Carolina?

If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1-800-868-2284 from other parts of the state.

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 ...

Who is the governing authority for licensing and monitoring Attorneys in South Carolina?

In South Carolina, the task of regulating both judges and lawyers falls to the Office of Disciplinary Counsel, and either the Commission on Judicial Conduct or the Commission on Lawyer Conduct.

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.

What are the main areas of dispute and complaints for law firms?

Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.

What are examples of professional misconduct?

Some examples are:Obtaining a license fraudulently.Practicing with negligence.Practicing with incompetence.Being a habitual user of alcohol or drugs.Being convicted of a crime.Refusing to care for a patient because of race, creed, color or national origin.More items...

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.

What South Carolina Code states that a citizen can prosecute or defend his or her own case?

§ 40-5-80S. C. Code Ann. § 40-5-80 allows a citizen to prosecute or defend his own cause, if he so desires.

How do I know if an attorney is legit?

5 Quick Ways to See If Your Lawyer Is LegitState Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

How do I verify an attorney's license in Texas?

Attorney Status Questions about attorneys and their status can be found on the State Bar of Texas website, www.texasbar.com. If you have any other questions on a particular attorney, please contact the State Bar of Texas at (800) 204-2222.

How to file a complaint with the Securities Division?

To submit a complaint, use the below Online Complaint Form or print the PDF Complaint Form, which can be submitted by mail, by fax to 803-734-3677, or by email to agsecurities@scag.gov .

Where to refer a complaint?

Refer your complaint to the appropriate government agency if not within our legal authority.

Can you sue someone in South Carolina?

South Carolina and federal securities laws do permit you to bring a civil lawsuit to recover your money or the amount of damages you have suffered because of someone’s violation of those laws. You should seek an attorney with knowledge of securities law. If you need assistance in finding an attorney, the South Carolina Bar Lawyer Referral Service might be able to assist you.

Can Anonymous complaints be investigated?

Anonymous complaints may not be investigated as this makes it impossible for us to request additional information or clarification from you.

Can we cancel a contract?

We cannot cancel or void a contract or agreement to which you are a party.

What happens if there are sufficient facts presented?

If there are sufficient facts presented, the complainant and respondent are notified and the complaint is referred to the Commission staff for investigation .

How long does it take to dismiss a complaint in the Ethics Commission?

Any dismissed complaints may be refiled or appealed with new or additional facts within ten days after the dismissal to the full Commission.

How long are ethics hearings kept confidential?

All hearings will be recorded and maintained for no more than four years. Transcripts are available at the expense of the requestor.

What is a hearing in a courtroom?

A hearing, usually held during an executive session, is similar to a courtroom where the witnesses and the Respondent are put under oath to tell their side of the story. 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. The opposing party may oppose the submission of the writing, and failure to do so will deem no objection to the evidence being submitted. The Commissioners will act as the jury, weighing all evidence and testimony submitted during the hearing. The Commissioner's decision will be the final disposition of a complaint.

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.

What is the name of the person who files a complaint?

Filer of the complaint, also known as the "Complainant"; and

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.

What does SCDCA do?

SCDCA takes consumer complaints against businesses we regulate, refers** complaints that fall within another agency’s jurisdiction, and handles complaints against businesses that are unregulated. Your complaints help us find out about illegal business practices, enforce consumer protection laws and identify trends in the marketplace.

What is SCDCA complaint?

SCDCA processes and mediates written consumer complaints, seeking to find fair solutions for the consumer and the business. We encourage consumers to contact the business first to try and resolve a complaint. If you would like to file a complaint with SCDCA, please read the following information so we can better assist you.

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.

What is the purpose of an IRC report?

After the investigation is completed, a report is presented to an Investigative Review Committee (IRC) which recommends a course of action . The IRC could recommend dismissal of the complaint, offer of a consent agreement, or hearing before the Commission members. Complainant will be notified in writing. The complainant should be prepared to testify in a hearing before the Commission if a hearing is required and the matter has not been otherwise resolved.

What are contract matters?

Contract matters such as questions about listing agreements, management agreements, sales contracts and leases for which you need to contact an attorney;

Can IRC recommend dismissal of a complaint?

The IRC could recommend dismissal of the complaint, offer of a consent agreement, or hearing before the Commission members. Complainant will be notified in writing. The complainant should be prepared to testify in a hearing before the Commission if a hearing is required and the matter has not been otherwise resolved.

Can the Commission take disciplinary action against a licensee?

The Commission can take disciplinary action against a licensee only if there are facts which support a charge resulting in the finding of a violation (s) of the S.C. Real Estate License Law . The Commission is not empowered to assist with the following type of complaints:

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 ...

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:

How to report a crime?

To report a crime, contact your local Federal Bureau of Investigation field office, which can be found at https://www.fbi.gov/contact-us/field-offices.

What is a complaint in law?

For lawyers and the legal system, the term Complaint is a term of art; it is the formal document filed with a court to commence a civil action. However here, the term complaint is used more generally by which the public brings a matter to our attention.

Where to file a complaint in South Carolina?

Attorney’s Office. Mail: U.S. Attorney’s Office, District of South Carolina, Attn: Civil Rights Program, 1441 Main Street, Suite 500, Columbia, 29201. (803) 929-3000. Fax: (803) 733-5966.