state bar of california what can i do if i have a problem with my lawyer

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. Find out how to resolve a problem without going to court, file a complaint against a lawyer and how to get money back from an unethical attorney.

Full Answer

How do I find out if a lawyer is disbarred in California?

A: The California State Bar website provides information on California lawyers and will tell you if a member has been disciplined or disbarred for misconduct. You can also find out where the lawyer went to school and when he or she was admitted to practice in this state.

Can a lawyer get a warning from the State Bar?

If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer. The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action. Neither a warning nor an ALD are considered discipline.

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

With the exception of anonymous complaints, the State Bar notifies the complainant of receipt of the complaint. An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation.

How to resolve a problem with a lawyer without going to court?

Find out how to resolve a problem without going to court, file a complaint against a lawyer and how to get money back from an unethical attorney. 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 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.

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 or what regulates attorneys in California?

The State Bar ofThe 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.

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 ...

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

Attorneys licensed by the State Bar of California take an oath to abide by laws aimed at protecting consumers from unethical lawyers. 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.

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.

Who are lawyers accountable?

​Lawyer Accountability ​The legal profession is largely self-regulated, which makes it difficult for bad lawyers to be held accountable to their clients. Lawyers are often exempt from consumer fraud laws and other protections that apply to every other provider of consumer services.

Who oversees the California State Bar?

GovernorsWho governs the State Bar? Governors – four by California's governor, one by the state Senate Committee on Rules and one by the Speaker of the Assembly. The 23rd member of the Board of Governors is the State Bar president, who is elected by the other board members to serve a fourth year as the bar's chief officer.

What is the name of the ethics code for lawyers in California?

The California Rules of Professional Conduct are intended to regulate professional conduct of attorneys licensed by the State Bar through discipline.

What are some ethical 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.

What are the common breaches of ethics committed by lawyers?

The following are some of the most common ethical violations that can be encountered:The attorney failed to communicate with the client. ... The attorney has failed to return important documents to the client. ... The attorney demonstrated incompetence. ... Conflicts of interest were apparent. ... Financial discrepancy was apparent.

What is the professional misconduct?

The term 'Professional Misconduct' in the simple sense means improper conduct. In legal sense it means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends.

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 recover money from a lawyer?

If you lost money or property because a lawyer did something dishonest, you may be able to recover it by filing an application with the Client Security Fund. But first you need to file a complaint against the attorney.

What is an ALD in the state bar?

The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action. Neither a warning nor an ALD are considered discipline. If the State Bar decides to file charges against the lawyer, the case will go to the independent State Bar Court and will become public, ...

What happens if the review determines that the alleged facts establish a violation?

If the review determines that the alleged facts establish a violation, the matter will be investigated. Complaints and investigations are confidential. If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer.

How to contact a lawyer in California?

Calling the State Bar's Lawyer Referral Services Directory at 1-866-442-2529 (toll free in California) or 1-415-538-2250 (from outside California); or. Checking the Yellow Pages of the telephone book under "Attorneys" for a State Bar-certified lawyer referral service. Legal aid agencies.

What to do if you can't afford a lawyer?

Legal aid agencies. If you cannot afford a lawyer, you may be able to get free or low-cost legal help in non-criminal cases from a legal services program. This will depend on your income and the nature of your legal problem.

What to do if you have doubts about legal aid?

If you have doubts, call your local bar association or lawyer referral service to check. Certified legal specialist directory.

What can a lawyer do?

A lawyer can help you get a divorce, file for bankruptcy, or draw up a will. Or if you have been seriously injured or mistreated, a lawyer can help you file a lawsuit. Some lawyers handle a variety of legal problems; others specialize in certain areas of the law.

What is a basic legal plan?

In general, most basic plans provide legal advice and consultation by telephone and may also include brief office consultations, review of simple legal documents, preparation of a simple will, and short letters written or phone calls made by a lawyer to an adverse party. Other plans may offer more extended services.

Can I fire my lawyer?

You have the right to fire your lawyer at any time. But he or she usually will have the right to payment for any past work already done for you.

Do lawyers charge for fees?

The lawyer will charge you for the costs of your case as well as the fees. You will be responsible for paying these costs even if your case is not successful. Costs can add up quickly. It is a good idea to ask the lawyer for a written estimate of what the costs will be.

What to do when considering a legal plan?

Access to a database of legal forms and documents. When you consider a plan, pay careful attention to what the plan does and does not cover. If you do not anticipate having legal needs in the coming year that will be covered by the plan, you should think carefully before purchasing a plan.

What happens if you file a substitution of attorney?

The lawyer you had is no longer representing you and does not have a duty to help you with your case any longer.

What happens if you keep consulting with different lawyers?

This means that you waste time getting the lawyer up to speed on your legal matter.

What is prepaid legal services?

Depending upon the plan, features may include some of the following: Discounts on legal services through a network of attorneys; Free legal services, such as the preparation of a property deed or simple will; and.

What is a paralegal?

A: Paralegals, or legal document assistants, are a good resource for preparing the many forms needed in a family law case and other types of cases. BUT they have not been to law school. They are not qualified to give you legal advice and, by law, are not allowed to give you legal advice. They can only do what you tell them to do. They are not trained to spot potential problems. Click for more information on legal document assistants.

Who represents a party in a lawsuit?

A party in a lawsuit must generally be represented by a lawyer when the case is outside small claims court AND that party: Is a corporation, a limited liability company, or an unincorporated association; Is a trustee, a probate fiduciary, a personal representative, or a guardian ad litem; or.

Can a family law facilitator help you?

A: Family law facilitators can help you with cases in other counties. But often they have to refer you to the facilitator in the other county because that facilitator will know more about how that local court works.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.