how to file complaint against an oregon lawyer

If you think an Oregon lawyer has violated a disciplinary rule, you can file a written complaint with the Client Assistance Office. We will screen your inquiry to determine if there is sufficient basis to warrant further investigation. We may refer it to Disciplinary Counsel's Office for further review.

Full Answer

Who can file a complaint in Oregon?

FAQ #2: Who can file a complaint? Anyone who has evidence to support their belief that a regulated practitioner is incompetent, impaired or has violated any Oregon laws and/or rules of the Board, including the ethical code.

Can the Oregon State Bar investigate a complaint against a judge?

The OSB generally does not have jurisdiction to consider complaints regarding judges. Complaints regarding judges fall within the jurisdiction of the Commission on Judicial Fitness and Disability, rather than the Oregon State Bar. Consequently, the bar would be unable to investigate those allegations.

How do I 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.

How do I file a case with the Oregon Court of Appeals?

Attorneys must file most documents using OJD’s approved electronic filing system in the Oregon circuit courts and the Oregon Tax Court (see eFiling box below) and in the Court of Appeals or Supreme Court. To file a case, you have three options:

How do I file a complaint against an attorney in Oregon?

Oregon State Bar CenterPhone: (503) 620-0222.Toll-free in Oregon: (800) 452-8260.Facsimile: (503) 684-1366.

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.

How do you deal with a lawyer not responding?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.

How do you get a lawyer to respond to you?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What happens if a lawyer lies to a judge?

If a lawyer lies to the Judge about something that is within his own knowledge -- such as something the lawyer did or didn't do during the lawsuit, then he can be suspended or disbarred. However, it's important to distinguish what you mean by a "lawyer lying" from examples when a lawyer is not really lying.

How to file a complaint with OSB?

If you want to file a complaint, you must put your concerns in writing. No particular form is required. You may submit a complaint regarding an OSB Lawyer on our website. Please print if you handwrite a complaint. Include copies of any documents that are relevant to your complaint if you have them. Do not send originals unless we specifically ask; we will not return documents to you. Please note that all documents received by the bar are considered public records. Please only use one side of each page.

How can the Oregon State Bar help me?

The OSB Client Assistance Office may be able to help you resolve a problem with your lawyer that you are unable to resolve on your own. For instance, we may be able to help you get your file, or resolve a communications problem between you and your lawyer. We can explain and provide some general information about the legal system, the lawyer-client relationship, and the ethical obligations of lawyers. We can also refer you to other agencies and resources that offer help we cannot provide. The Client Assistance Office cannot give you legal advice and we cannot force a lawyer to resolve a problem in any particular way. You can reach the Client Assistance Office at (503) 620-0222 in the Portland metro area, and at (800) 452-8260 from elsewhere in Oregon.

What should I do if I think a lawyer has acted improperly?

If you think an Oregon lawyer has violated a disciplinary rule, you can file a written complaint with the Client Assistance Office. We will screen your inquiry to determine if there is sufficient basis to warrant further investigation. We may refer it to Disciplinary Counsel's Office for further review. The disciplinary rules are contained in the Oregon Rules of Professional Conduct.

What if I think my lawyer stole my money?

The OSB Client Security Fund may reimburse a client whose lawyer has misappropriated or stolen money or other property. The theft must have happened during the course of a lawyer-client relationship or while the lawyer was acting as a fiduciary in connection with the practice of law. Information about the Client Security Fund and forms in order to apply for reimbursement are available online or by contacting the office of OSB General Counsel at (503) 620-0222, ext. 334 or (800) 452-8624, ext. 334 (toll-free within Oregon).

What if I think my lawyer's fees are unreasonable?

Sometimes a lawyer's fees violate the rules of professional conduct. In these cases, the lawyer may be disciplined. More often, however, clients believe their lawyer's fees are not reasonable because they lost their case or because they feel their lawyer did a poor job representing them. In these cases, clients want their lawyer's fees to be reduced. The Fee Dispute Resolution Program offers a way for Oregon lawyers and their clients to voluntarily resolve these kinds of disputes over fees. Independent, voluntary mediators or arbitrators are used to help resolve lawyer fee disputes. The person who requests mediation or arbitration must pay a modest fee. The decision of the arbitrator is binding on the parties, subject to only limited court review. Mediation is a nonbinding process in which parties work with a mediator to seek a mutually agreeable outcome. If you would like more information about the program, or would like the help of the program in resolving a fee dispute, please call (503) 620-0222, ext. 334 to request forms. Please be sure to include the name and location of the lawyer involved in the dispute.

What if I think my lawyer committed malpractice?

Lawyers sometimes make mistakes. If the mistake causes a loss, you may be able to recover through a malpractice suit. Legal malpractice is the failure of a lawyer to represent a client in a way that conforms with the legal standard of care in the community. Note that not every bad result or error in judgment is legal malpractice. If you think your lawyer might have been negligent in representing you, you should contact a lawyer who handles professional malpractice cases. All Oregon lawyers in the private practice of law whose principal office is in Oregon are required to have professional liability coverage.

How can I find out if my lawyer has had problems in the past?

OSB records concerning lawyers are public. The Oregon State Bar can provide some general information over the telephone about a lawyer's disciplinary history and about other inquiries concerning a lawyer. Disciplinary history for individual bar members also is available through the online member directory. Individuals wishing to review public records can submit a request online using the form available through this link: Public Records Center.

What are the ethics laws in Oregon?

Oregon Government Ethics law ORS Chapter 244 1 Prohibits use of public office or position for financial gain 2 Requires public disclosure of financial conflicts of interest 3 Requires designated elected and appointed officials to file annual disclosures of sources of economic interest 4 Limits gifts that an official may receive per calendar year 5 Applies to all elected and appointed officials, employees and volunteers at all levels of state and local government in all three branches

What happens if a complaint is not within the commission's jurisdiction?

If the complaint is not within the commission’s jurisdiction, the executive director sends the person who submitted the complaint a letter advising that the commission cannot take action on the matter. About 90 percent of the cases reviewed by the commission are initiated as a result of complaints submitted by the public.

What happens when the OGEC receives a complaint?

When the OGEC staff receives a complaint, the executive director first reviews the complaint to determine if the alleged violation falls within the agency’s jurisdiction (Oregon Government Ethics, Lobbying Regulation, or Executive Session laws).

What to do if OGEC alleges failure to declare a conflict of interest?

For example, if the allegation is failure to declare a conflict of interest, include meeting minutes that record the discussion preceding the vote in question. Due to the short initial review period, the OGEC may not have time to acquire records before the review period expires. The Commission's decision about whether or not there is a sufficient basis to move the complaint forward may be based in large part on the documentation you provide.

How long does it take to complete a preliminary review?

The preliminary review phase must be completed within 30 days (135 for Lobbying) of the complaint being filed or the action being initiated by the commission. The objective of preliminary review is to determine if sufficient cause exists to conduct an investigation.

What percentage of cases are reviewed by the Commission?

About 90 percent of the cases reviewed by the commission are initiated as a result of complaints submitted by the public. The balance of cases are initiated by the commission at regular meetings as a result of information obtained from other sources, such as government agencies or media coverage. Preliminary Review Phase.

Is the OGEC required to conduct preliminary review?

The OGEC is required by law to conduct preliminary review confidentially. If an inquiry is made, the OGEC will make no public disclosure or comment other than to acknowledge that a complaint was received. This confidentiality requirement applies only to OGEC personnel.