A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.
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.
the Appellate Division of State Supreme CourtIn 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.
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 ...
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.
For questions call 800-843-9053. If you are unable to fill out the form online, you may print and mail the completed Complaint Form to the State Bar's Intake Department.
Email: migbm@nycourts.gov.Oct 20, 2021
Letitia James (Working Families Party)New York / Attorney generalLetitia Ann "Tish" James is an American lawyer, activist, and politician. She is a member of the Democratic Party and the current Attorney General of New York, having won the 2018 election to succeed appointed Attorney General Barbara Underwood. Wikipedia
If you obtain some new evidence or informa-tion which you did not include in your originalcomplaint, you should contact the Committeeand request a reevaluation (even if your com-plaint was originally dismissed).
Initial Review:Every complaint is reviewed. Ifthe Committee determines that the facts of yourcomplaint do not describe a possible violationof the Code, it will advise you that an investi-gation is not warranted.
Your lawyer is supposed to be on your side, andonly on your side. That means he or she shouldnot be representing someone who is againstyou in the legal matter, unless both you and theperson on the other side have agreed to it.
If a Staff attorney, after second screening of a complaint, finds that further investigation is warranted, that recommendation is reviewed by the Chief Attorney. If approved, the matter is assigned to one of the Staff attorneys to conduct further investigation which may require issuing subpoenas for documents and records as well as interviewing witnesses, including at times the complainant and the lawyer whose conduct is being investigated.
If you believe that a lawyer has misappropriated your money or other assets, you may wish to consult the Lawyers' Fund for Client Protection (Fund) about probable reimbursement from the Fund. Complete information about the Fund and its procedures, its contact address, telephone numbers and claim forms may be found on the Fund’s Website, http://www.nylawfund.org. The Fund may also be reached at:
In a case involving an allegation of serious unethical conduct supported by substantial evidence , it may be determined that a formal disciplinary proceeding should be commenced against the lawyer. Recommendations to proceed with a formal disciplinary proceeding (the first step required for the imposition of a public sanction such as a public censure, suspension or disbarment) are presented by the Staff attorneys to the AGC members for their approval.
The AGC protects the public by reviewing and investigating complaints against lawyers and by recommending sanctions against those who are proven to have violated the Rules. It safeguards the reputation of the legal profession by enforcing high standards of conduct, while at the same time ensuring that complaints are thoroughly investigated.
A lawyer who has been disbarred or stricken from the roll of attorneys may not petition for reinstatement until the expiration of seven years from the effective date of disbarment . For directions on what a petition for reinstatement must contain, please refer to 22 NYCRR 1240.16 and 22 NYCRR Part 1240, Appendixes C and D.
There is no charge for submitting a complaint to the AGC. The review, investigation, and prosecution of your complaint are paid for by the State of New York. If you retain a lawyer to assist you in the complaint process, which is not necessary, you are responsible for the lawyer's fee.
In some cases, the investigation may reveal that the lawyer engaged in conduct that requires comment but does not warrant the imposition of discipline. In such cases, the AGC will send the lawyer a “Letter of Advisement.” This is a private letter which states that while the lawyer may not have engaged in conduct that is in violation of the Rules, the AGC finds that the lawyer’s conduct requires comment. If a Letter of Advisement is issued you will receive a notice informing you that such a letter was sent, that it will be kept in the lawyer’s permanent file and that it may be used against the lawyer should there be any future ethical violation.