how to report a bad lawyer in ny state

If the lawyer’s office is located in Manhattan or The Bronx, a complainant should contact: Departmental Disciplinary Committee Supreme Court, Appellate Division First Judicial Department 61 Broadway, 2nd Floor New York, New York 10006 (212) 401-0800, fax: (212) 401-0810 The Disciplinary Committee’s complaint form can be found at:

Full Answer

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

Apr 22, 2021 · Grievances are handled by the Appellate Division of the State Supreme Courts Disciplinary or Grievance Committees. If you believe an attorney violated the law or failed to abide by the Code of Professional Responsibility, please contact: Albany Area: 518-285-8350. Brooklyn: 718-923-6300. Buffalo: 716-845-3630.

How do I find a lawyer in New York State?

Lawyers' Fund for Client Protection of the State of New York. The Fund is financed by contributions from all licensed lawyers in New York State, and may grant up to $300,000 per eligible claim. A victim may be reimbursed by the Fund even if his or her lawyer was disbarred or suspended when the money or property was wrongly taken.

What to do if you have a problem with your attorney?

If the lawyer's office is located in Manhattan or The Bronx, a complainant should contact: Attorney Grievance Committee Supreme Court, Appellate Division First Judicial Department 180 Maiden Lane 17th Floor New York, New York 10038 (212) 401-0800, fax: (212) 401-0810. The Committee's complaint form can be found here.

What happens if I file a complaint with the State Bar?

Sep 09, 2021 · If you think your lawyer has violated an ethical rule, you may file a complaint with the disciplinary board in the state where the lawyer is licensed. 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 …

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 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.Aug 14, 2015

What is misconduct law?

In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

What to do if you believe a lawyer violated the Rules of Professional Conduct?

If you believe a lawyer may have violated the Rules of Professional Conduct, you can write a letter to the appropriate Attorney Grievance Committee or fill out and submit a form available from their websites. The form or letter should be as clear, specific and detailed as possible when explaining your complaint.

What should be included in a complaint letter?

The materials in your complaint should include the names, phone numbers and addresses of you and your attorney as well as copies of any pertinent documents, papers, and other information connected to the complaint.

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.

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.

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.

What is the responsibility 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.

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.

Can you win a malpractice lawsuit?

If you’re looking for compensation, a malpractice lawsuit is generally the way to go. However, legal malpractice lawsuits can be very difficult to win. Among other things, you must show that your lawyer made a significant mistake in your case and that you suffered a monetary loss because of it.

What is the duty of a lawyer?

Lawyers have a duty to keep their clients reasonably informed about the status of their cases, to respond promptly to requests for information, and to consult with their clients about important decisions in their cases (for example, whether to accept a settlement offer). Not returning the client's documents.

HOW ARE ATTORNEYS GUIDED IN THEIR CONDUCT?

As officers of the court, all attorneys are obligated to maintain the highest ethical standards. In furtherance of this obligation, attorneys are guided by a code of conduct, the NY Rules of Professional Conduct, as adopted by the Appellate Division of State Supreme Court.

HOW ARE GRIEVANCES AGAINST ATTORNEYS HANDLED?

In New York State, authority over the conduct of attorneys rests with the Appellate Division of State Supreme Court and the discipline and grievance committees (the “committees”) appointed by that court. The committees are made up of both attorneys and non-attorneys, working with a court-appointed, state financed, full-time professional staff.

WHAT CAN I EXPECT FROM THE GRIEVANCE PROCESS?

The grievance process exists to protect the public. Committee panel members are not paid for their work, but volunteer to do this work in order to maintain the standards of the legal profession. By bringing a complaint to a committee’s attention, the public helps the legal profession achieve its goal.

WHAT IS THE ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM?

In the event of a fee dispute between an attorney and a client, the client may be entitled to request arbitration or mediation of the dispute through the Attorney-Client Fee Dispute Resolution Program established by the New York State Unified Court System.

IF I NEED AN ATTORNEY TO GIVE ME FURTHER ADVICE, WHO CAN I CONTACT?

Many bar associations in New York State operate Lawyer Referral Services. When you contact a service, you will be given the name, address and telephone number of a lawyer in your area who may be able to help you.

WHO CAN I CONTACT FOR FURTHER INFORMATION OR IN ORDER TO MAKE A COMPLAINT AGAINST AN ATTORNEY?

The grievance committees which are appointed by the Appellate Division of State Supreme Court operate on a regional basis. On the reverse side of this brochure is a list of the grievance committees and the counties over which they have jurisdiction.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.