how to report bad lawyer in louisiana

To register a complaint against a lawyer with the lawyer discipline system, you should contact the Disciplinary Counsel's office. To make a complaint with the Disciplinary Counsel's office or obtain a complaint form, write to the following: Disciplinary Counsel 4000 South Sherwood Forest Blvd., Suite 607 Baton Rouge, Louisiana 70816-4388

Full Answer

Who is responsible for a complaint against a lawyer in Louisiana?

Lawyer Complaints. The Louisiana State Bar Association promotes the dignity of the legal profession and upholds ethical behavior, but has no jurisdiction over attorney discipline, which is the charge of the Louisiana Attorney Disciplinary Board.

What to do if you report a lawyer for misconduct?

Reporting Lawyer Misconduct. A lawyer must immediately report to the Office of Disciplinary Counsel any violation of the Rules of Professional Conduct that raises a question as to another lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects–unless doing so would divulge confidential information.

Is a lawyer obliged to report every violation of rules?

[3] If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense. Such a requirement existed in many jurisdictions but proved to be unenforceable.

What do I do if my lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file.

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.

Where do you report Attorneys?

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)

What ethical rules govern attorneys in Louisiana?

ARTICLE 1. CLIENT-LAWYER RELATIONSHIPRule 1.0. Terminology.Rule 1.1. Competence.Rule 1.2. Scope of Representation and Allocation of Authority between Client and Lawyer.Rule 1.3. Diligence.Rule 1.4. Communication.Rule 1.5. Fees.Rule 1.6. Confidentiality of Information.Rule 1.7. Conflict of Interest: Current Clients.More items...

Who is the governing authority for licensing and monitoring attorneys in Louisiana?

Welcome to the LADB In 1990, the Supreme Court of Louisiana established the Louisiana Attorney Disciplinary Board, a statewide agency to administer the lawyer discipline and disability system.

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.

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 long does an attorney have to keep client files in Louisiana?

five yearsEvery lawyer engaged in the practice of law in Louisiana shall maintain and preserve for a period of at least five years, after final disposition of the underlying matter, the records, check stubs, vouchers, ledgers, journals, closing statements, accounts or other statements of disbursements rendered to clients or ...

Does Louisiana have reciprocity for lawyers?

Since Louisiana does not provide reciprocity for out-of-state attorneys, there are only two ways that out-of-state attorneys can practice in Louisiana. LA.

How do I file a complaint against a judge in Louisiana?

By submitting a completed complaint form to the Office of Disciplinary Counsel. Complaint forms can also be obtained from the Louisiana Attorney Disciplinary Board in Metairie or the Office of Disciplinary Counsel in Baton Rouge, or by calling (800) 326-8022 or (225) 293-3900 to request one by mail.

What is the meaning of disciplinary committee?

(ˈdɪsɪˌplɪnərɪ kəˈmɪtɪ ) a committee charged with examining alleged breaches of discipline within an organization, profession, etc and adjudicating on them.

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.

What is the duty of a lawyer to report a violation of the Rules of Professional Conduct?

A lawyer must immediately report to the Office of Disciplinary Counsel any violation of the Rules of Professional Conduct that raises a question as to another lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects–unless doing so would divulge confidential information. See La. Rules of Prof’l Conduct r. 8.3 (a) (2004); id. r. 8.3 (c); In re Tolchinsky, 740 So. 2d 109 (La. 1999) (failure to report unauthorized practice of law by another lawyer). This reporting obligation is “triggered when, under the circumstances, a reasonable lawyer 3 would have ‘a firm opinion that the conduct in question more likely than not occurred.’” 4 See In re Riehlmann, 891 So. 2d 1239, 1244 (La. 2005) (quoting Attorney U v. Mississippi Bar, 678 So. 2d 963 (Miss. 1996); Restatement (Third) of the Law Governing Lawyers § 5 cmt. 1 (2000)). For a general discussion of a lawyer’s reporting obligations, particularly in the context of litigation, see ABA Comm. on Ethics and Prof’l Responsibility, Formal Op. 94-383 (1994); see also §10.2 The rule on reporting lawyer misconduct, 21 La. Civ. L. Treatise, Louisiana Lawyering §10.2.

When did Louisiana start reporting judicial misconduct?

In January 2004, the court opted for middle ground and enacted the present rule. ↵. The former Louisiana rule on reporting judicial misconduct, in effect from 1987 through February 29, 2004, had a significantly narrower reporting obligation than is contained in the present rule.

What are the penalties for a violation of Rule 8.3?

Absent aggravating or mitigating circumstances, the following sanctions are generally appropriate in cases involving violations of Rule 8.3: disbarment, when the lawyer knowingly engages in conduct that is a violation of a duty owed to the profession with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system; suspension, when the lawyer knowingly engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to a client, the public, or the legal system; reprimand, when the lawyer negligently engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to a client, the public, or the legal system; and, admonition, when the lawyer engages in an isolated instance of negligence that is a violation of a duty owed to the profession, and causes little or no actual or potential injury to a client, the public or the legal system. See ABA Stds. for Imposing Lawyer Sanctions stds. 7.0-7.4 (1992).

When did the Louisiana Supreme Court adopt the Rule of Professional Conduct?

The Louisiana Supreme Court adopted this rule on January 20, 2004. It became effective on March 1, 2004. The court amended the rule shortly thereafter, on May 29, 2004, to address in paragraph (b) reporting of wrongdoing by federal judges. This rule differs from ABA Model Rule of Professional Conduct 8.3 (2002) in some minor and in some major respects.

Who informs the Office of Disciplinary Counsel of a violation of the Rules of Professional Conduct?

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a question as to the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the Office of Disciplinary Counsel.

When was the Task Force to Evaluate the American Bar Association's Model Rules of Prof’l Conduct?

See Report and Recommendation of the Task Force to Evaluate the American Bar Association’s Model Rules of Prof’l Conduct, at 24 (Nov. 23, 1985).

Should a lawyer encourage a client to consent to disclosure?

However, a lawyer should encourage a client to consent to disclosure where the prosecution would not substantially prejudice the client’s interests. [3] If a lawyer were obliged to report every violation of the Rules, the failure to report any violation would itself be a professional offense.

What is the Louisiana attorney's board?

The Louisiana Attorney Disciplinary Board, which was established by the Supreme Court of Louisiana in 1990, is tasked with the responsibility of investigating all allegations of lawyer misconduct and with the responsibility of making recommendations to the Court when discipline is warranted. The agency consists of a statewide board, hearing ...

How to file a complaint against an attorney?

All complaints against attorneys must be filed with Office of the Disciplinary Counsel. Complaints can be filed in on of two ways: (1) By submitting a completed complaint form to the Office of the Disciplinary Counsel. You can obtain a complaint form in person at the offices of the Disciplinary Counsel, or you can call 800-326-8022 to request ...

What is the LSBA fee dispute?

The LSBA Lawyer Fee Dispute Resolution Program was formed to resolve legal fee disputes between attorneys and clients as well as attorneys and other lawyers. If you are having a fee dispute with an attorney you may obtain the forms, rules, and guidelines to initiate the LSBA Lawyer Dispute Resolution. You may also contact (504) 619-0110 for more information or write to 601 St. Charles Avenue, New Orleans, LA. 70130-3427.

Why do we have grievances?

The grievance process exists to protect the public. Disciplinary Board members and hearing committee 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 the disciplinary agency’s attention, the public helps the legal profession achieve its goal. The Office of the Disciplinary Counsel and the Disciplinary Board cannot represent you or give you legal advice. They cannot sue an attorney on your behalf, or seek the return of money or property from the attorney.

What are the rules of professional conduct in Louisiana?

The Supreme Court of Louisiana has adopted high standards of ethics and professional competence for lawyers who practice in Louisiana known as the Rules of Professional Conduct. When lawyers enter practice in Louisiana they obligate themselves to uphold the law and to abide by these Rules of Professional Conduct.

Can a disciplinary board represent you?

The Office of the Disciplinary Counsel and the Disciplinary Board cannot represent you or give you legal advice. They cannot sue an attorney on your behalf, or seek the return of money or property from the attorney.

Can you sue an attorney in Louisiana?

They cannot sue an attorney on your behalf, or seek the return of money or property from the attorney. What is The LSBA Client Assistance Fund? The Client Assistance Fund is a public service of the legal profession in Louisiana. It was created to compensate clients who lose money due to a lawyer’s dishonest conduct.

Where to file a complaint in Louisiana?

Complaints can be filed by any person, not just a client, in one of two ways: By submitting a completed complaint form to the Office of Disciplinary Counsel . Complaint forms can also be obtained from the Louisiana Attorney Disciplinary Board in Metairie or the Office of Disciplinary Counsel in Baton Rouge, or by calling (800) 326-8022 or (225) ...

What is the phone number for ODC in Baton Rouge?

Baton Rouge, Louisiana 70816. Phone: (225) 293-3900 or (800) 326-8022. If additional information is needed, it will be requested by ODC. If you have difficulty corresponding in writing, a personal interview may be arranged after your written complaint is filed.

How is a complaint reviewed?

Each complaint is reviewed and screened by the Office of Disciplinary Counsel (ODC) to ensure that it falls within the jurisdiction of the disciplinary agency and to determine whether or not it warrants a full disciplinary investigation. If the complaint falls within the jurisdiction of the agency, and if no further details are needed from the complaining party at that time, ODC will send a copy of the complaint to the lawyer, who is asked to submit a written response to the complaint. If, after completing the screening process, ODC determines that a full disciplinary investigation is not necessary, it will refer the matter to the LSBA Practice Assistance Program for Diversion or simply administratively decline to open and conduct an investigation.

What is ODC in law?

When the Office of Disciplinary Counsel (ODC) obtains all necessary facts regarding the alleged misconduct, an evaluation is made as to whether there is sufficient evidence to support a finding of a Rule violation. Upon the conclusion of an investigation, ODC may dismiss or may recommend probation, admonition, the filing of formal charges, the petitioning for transfer to disability inactive status, a stay, or diversion to the Practice Assistance and Improvement Program administered by the Louisiana State Bar Association. Typically, the investigation will result in one of the following dispositions:

What is the purpose of an ODC investigation?

ODC may also need to interview the parties or other witnesses directly and to obtain further supporting documents. The aim of the investigation is to gather all facts necessary to determine whether there is clear and convincing evidence of misconduct on the part of the lawyer.

What is formal disciplinary proceeding?

Commencement of a formal disciplinary proceeding, which is marked by the filing of formal charges against the lawyer. A formal disciplinary proceeding is required whenever discipline more serious than a private admonition is believed to be necessary.

How to write a letter to the office of disciplinary counsel?

By writing a letter to the Office of Disciplinary Counsel which includes your name, address and telephone number. Please describe what the lawyer did or failed to do and include all important information, including attorney name, address, phone numbers and dates of events. If any letters, agreements or other documents are available, please submit them to the Office of Disciplinary Counsel.

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 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.

Do lawyers have to report disciplinary violations?

The short answer is no . A lawyer has no legal or ethical obligation to blow the whistle on himself and self-report a disciplinary violation. Louisiana Rule 8.3 (a) provides that “ [a] lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a question as to the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the Office of Disciplinary Counsel.” Self-reporting is not required by Rule 8.3 (a), which applies only to a violation of the Rules of Professional Conduct by “another” lawyer. Moreover, compelled self-reporting of lawyer misconduct could raise Fifth Amendment issues. Despite the plain language of Rule 8.3 (a) and the potential constitutional issue, confusion on this self-reporting issue abounds. See, e.g., In re Murphy, No. 21-1098 (Sep. 27, 2021) ( Crichton, J., dissenting) (faulting lawyer for failure to self-report DWI).

Is self reporting a disciplinary action in Louisiana?

That being said, self-reporting is sometimes an advisable, prudent course of action. The Louisiana Attorney Disciplinary Board may consider a lawyer’s self-report to be a “mitigating” factor if disciplinary sanctions are ever imposed after litigation or by consent.

Can a DWI case be dismissed?

It depends. The disciplinary sanctions for an arrest or conviction for DWI range from “no sanction” to a lengthy suspension. As noted above, the ODC may dismiss the complaint with a simple warning if there are no aggravating factors and no evidence of an underlying substance use disorder. However, the Louisiana Supreme Court has noted that the baseline sanction for lawyers convicted of DWI is a suspension, which may be deferred, all or in part, based on the circumstances. In In re Baer, the Louisiana Supreme Court observed that the court

Can you be arrested for DWI in Louisiana?

Probably. Once arrested for DWI, you have two cases to deal with. First, the Louisiana Office of Motor Vehicles may seek to suspend your driving privileges. Second, the local DA may seek to prosecute you for committing a crime. Frequently, either the OMV or the DA will report the arrest to the ODC. Sometimes a “friend” in the community will anonymously report the arrest to ODC. But not always. Some arrests simply fall through the cracks.

Can you be disciplined for JLAP?

Maybe, maybe not . . . it just depends. Whether the ODC seeks discipline turns largely on the your past conduct and the results of the JLAP evaluation. If you cooperate, it is your first offense, and no other aggravating factors exist (e.g., serious bodily injury, property damage, prior discipline), the ODC may simply close your file with a warning. This is especially true if the results of the JLAP evaluation reflect that your are not suffering from an underlying substance use disorder. However, if the JLAP evaluation reveals an substance abuse disorder, ODC recommend that you contact JLAP for further assessments, for inpatient treatment, and, if necessary, a JLAP monitoring or recovery contract.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

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 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:

What is the defense of a lawyer who is sued for malpractice?

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. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

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 happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What are the penalties for writing a bad check in Louisiana?

Below are the civil and criminal penalties for writing a bad check in Louisiana under Code RS 14:71.#N#If the bad check writer fails to pay a check within ten days after notice of its nonpayment, plus applicable fees, may face the following criminal and civil penalties :#N#Civil Penalties: Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs . Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

What are the penalties for issuing a check?

Criminal Penalties: Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is one thousand five hundred dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both. When the amount of the check or checks is five hundred dollars or more, but less than one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years or may be fined not more than two thousand dollars, or both. When the amount of the check or checks is less than five hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of issuing worthless checks two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or be fined not more than one thousand dollars, or both. When the offender has issued more than one worthless check within a one hundred eighty-day period, the amount of several or all worthless checks issued during that one hundred eighty-day period may be aggregated to determine the grade of the offense. In addition to any other fine or penalty imposed under this Section, the court shall order as part of the sentence restitution in the amount of the check or checks, plus a fifteen dollar per check service charge payable to the person or entity that initially honored the worthless check or checks, an authorized collection agency, or justice of the peace. In the event the fifteen dollar per check service charge is paid to a person or entity other than one who initially honored the worthless check or checks, the court shall also order as part of the sentence restitution equal to the amount that the bank or other depository charged the person or entity who initially honored the worthless check, plus the actual cost of notifying the offender of nonpayment as required in Paragraph A (2).