how to file a complaint against my wifes lawyer in california

by Alisha Kreiger 7 min read

Here’s how to go about it: Mail a state-issued complaint form to the board. It should have your name and contact information as well as that of the lawyer

If you think your attorney has acted unethically
You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

Full Answer

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

To file a complaint against a lawyer licensed in California, go to the State Bar website o r call 800-843-9053. You can also complain to the Executive Office for Immigration Review for the U.S. Department of Justice, which handles complaints against immigration attorneys who are licensed in any state. Call 703-305-0470 to get a complaint form.

How to file a complaint against an attorney for professional misconduct?

Protecting the public & enhancing the administration of justice. SAN FRANCISCO. 180 Howard St. San Francisco, CA 94105. 415-538-2000. LOS ANGELES. 845 S. Figueroa St. Los Angeles, CA 90017. 213-765-1000.

Can a judge review a complaint against a lawyer?

Oct 21, 2019 · Get your case file from your attorney; Gather your proof and list of potential witnesses; Retain a competent legal malpractice attorney to represent you; Your attorney will then serve a complaint against the lawyer you’re suing to kick-off the litigation process; Get deposed; Attempt to settle; If that fails, go to trial

How do I file a lawsuit against a lawyer?

Apr 03, 2017 · 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 ...

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.

Who regulates attorneys in California?

The State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

Can I sue my attorney for negligence in California?

If your lawyer makes a mistake in your matter, you can sue the lawyer for malpractice. Generally, clients should file legal malpractice lawsuits within one year of the date when the attorney-client relationship ended, or the claim can be barred. Attorneys who are being sued are formidable adversaries.

How do I report an attorney?

Depending on where your attorney is practicing, your complaint should either be lodged at:Gauteng, North-West, Mpumalanga and Limpopo to the Law Society of the Northern Provinces (www.northernlaw.co.za)Free State to the Law Society of the Free State (www.fs-law.co.za)More items...

What is considered attorney misconduct in California?

Honesty required in the practice of law. Misleading the court. Misrepresentations to opposing counsel or pro per. Mistake of Law.

Who determines the rules of ethics for the legal profession in California?

They have been adopted by the Board of Governors of the State Bar of California and approved by the Supreme Court of California pursuant to Business and professions Code sections 6076 and 6077 to protect the public and to promote respect and confidence in the legal profession.

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 ...

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

Can you sue an opposing attorney California?

The privity rule The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them.

Who can complain to the Legal Ombudsman?

The Legal Ombudsman can only look into complaints about regulated legal service providers: solicitors, barristers, licensed conveyancers, cost lawyers, legal executives, notaries, patent attorneys, trade mark attorneys, law firms and companies providing legal services, such as some accountants.

Where do I report a magistrate?

Any conduct by a magistrate that is alleged to be improper may be reported to the Judicial Head of the Court wherein the magistrate concerned presides. all other relevant information known to the complainant.

What does the Law Society do?

The Law Society is the independent professional body for solicitors. We are the voice of solicitors, driving excellence in the profession and safeguarding the rule of law.

What to do if you are complaining about a lawyer?

If you are complaining about some other attorney, provide any court documents or communications with the attorney which will help to explain your complaint .

What happens if you send a copy of a document to the state bar?

All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction. If you are complaining about an attorney who represented you, provide copies of written fee agreements, payments or other communications (written or electronic) to the attorney.

What is the phone number for the state bar?

If you have further questions, you may call the call center at 800-843-9053. Also, the State Bar pamphlet Having A Problem With Your Lawyer is available online. The pamphlet has helpful answers to questions about dealing with an attorney.

Can an attorney be reimbursed for misappropriation of client funds?

OCTC can seek an order of restitution if an attorney has misappropriated client funds. In addition, the State Bar's Client Security Fund (CSF) may reimburse funds dishonestly taken by the attorney (but not simply because the lawyer acted incompetently, committed malpractice or failed to take certain action).

Can an attorney be disciplined for a violation of the California State Bar Act?

OCTC can recommend that an attorney be disciplined only for a violation of the California State Bar Act or the California Rules of Professional Conduct. OCTC cannot act as your attorney or otherwise help you in legal matters connected with your complaint.

Can you give OCTC the name of a lawyer?

OCTC cannot give you the name of a particular attorney to help you with your legal matters. The State Bar does certify lawyer referral services, and a list of certified lawyer referral services is available on the State Bar's website or by calling 800-843-9053.

What is the number to call a lawyer?

But sometimes attorneys don’t act in the best interests of their clients. Call the State Bar's multilingual intake hotline (800-843-9053) for help. If you have a problem with your lawyer’s actions or fees, you have options.

Can the state bar charge a consumer?

The State Bar doesn’t oversee how much an attorney can charge consumers. But if you feel that your bill is too high, you can ask for Mandatory Fee Arbitration to resolve the dispute.

How to file a complaint against a lawyer in California?

Here’s are some ways to file a complaint: To file a complaint against a lawyer licensed in California, go to the State Bar website o r call 800-843-9053.

How to complain about immigration consultants in California?

To complain against an immigration consultant, contact the California Office of the Attorney General by calling: California Department of Justice. Office of Immigrant Assistance. 888-587-0557.

What happens if an immigration consultant takes your money?

If it was an immigration consultant that took your money, he or she may even have to pay a fine.

What is charging money for services in California?

In California, charging money for services such as collecting or filling out any paperwork or documents before the federal government adopts new immigration laws or deportation relief applications become available.

Do immigration attorneys have to give back money?

Under the current laws: Immigration attorneys must account for any money they have already accepted from you for immigration reform services. They also must either give you back the money or set it aside in an account for safekeeping.

Can an immigration consultant be a notario?

Immigration consultants who are not also attorneys cannot call themselves “ notarios.”. This title is confusing because in some Latin American countries, the law allows notarios to do legal work only an attorney can do in the U.S. To find out more, see our story about immigration consultants.

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 ...

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 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 happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

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.

Eric Edward Rothstein

It does not sound like you have a basis to file a complaint but the information you seek can be found at: http://www.courts.state.ny.us/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml

George Peter Conway

If you believe there is some ethical violation by an attorney then you can file a complaint but it will only be accepted once the case is finished.

Your Information

Attorney’s Information

  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of co…
  1. You may use the State Bar’s online Attorney Searchto see whether an attorney has a public record of prior discipline in California and whether the attorney is licensed to practice law in California.
  2. Provide the full name, address and phone number of the attorney you are complaining about.
  3. If you wish to complain about more than one attorney, complete a separate statement of complaint for each attorney.
  4. If any of the blank spaces do not apply to your case, write N/A (Not Applicable). If you do not know the size of the attorney’s law firm, please state “Unknown” for Size of Law Firm.

Attachments

  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  1. As part of the online complaint form, you will be limited to 10 attachments, with a maximum of 4 MB each.
  2. Provide any helpful documents. Send only copies and keep the originals. All documents you send, originals or copies, become the property of the State Bar and are subject to future destruction.
  3. If you have already submitted a complaint and would like to add additional supporting documents, please click here.

Translation Information

  • The State Bar accepts complaints in over 200 languages. If you need translation services to communicate with the State Bar, please let us know by completing the Translation Information section. We will communicate with you through a translation service in the language of your choice. If you have a trusted friend or family member whom you would prefer to provide translati…
See more on apps.calbar.ca.gov

After You Submit

  • The State Bar will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. This chart explains what happens after you file a complaint.Thank you for your cooperation.
See more on apps.calbar.ca.gov