what type of complaints can i file against a lawyer in coloraod

by Rubie McKenzie PhD 5 min read

Filing a complaint against an attorney is a serious matter, and should be limited to significant problems. Issues like slowness to respond, curtness, lack of empathy, condescension, or even sloppy legal work - while often meriting a cautionary review on Avvo - will rarely suffice.

Full Answer

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

To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370. Please do not file a complaint in writing before contacting the Office of Attorney Regulation Counsel by telephone. You will be informed if written information is helpful in evaluating your complaint.

What happens if you file a complaint against a lawyer?

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. The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action.

Where can I send attorney complaints?

In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board. Some states rely on their state bar associations to discipline their attorneys. You can find out where to send attorney complaints by looking at your state court system's website.

How do I file a complaint with Regulation Counsel?

The jurisdiction of Regulation Counsel is limited to enforcement of the Colorado Rules of Professional Conduct. When filing a complaint, please have the following information available: Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

image

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 I lodge a complaint against an attorney?

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)More items...

How do I file a grievance in Colorado?

To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370 or by using the following online complaint form.

What is legal complaint process?

Once a complaint is lodged with the NSW Legal Services Commissioner (the Commissioner), the Commissioner may: Conduct a preliminary assessment or investigation of the complaint. Attempt informal resolution of the complaint. refer it to the Law Society Council for preliminary assessment, investigation or determination, ...

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.

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.

How do I file a complaint with the Colorado Attorney General?

To file a complaint, please visit: https://coag.gov/file-complaint/

How do I file a motion response in Colorado?

Simply fill out the response form, telling the court why you disagree with the other party's position. When you file the response, you will be asked to pay a filing fee. You do not need to “prove” your case in the response; you simply need to tell the court what you believe to be true.

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

To file a complaint against an attorney, magistrate, or administrative law judge in Colorado, call 303-457-5800 or 877-888-1370 (toll free).

What is professional misconduct of a lawyer?

The expression professional misconduct in the simple sense means improper conduct. 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 are examples of professional misconduct?

Some examples are:Obtaining a license fraudulently.Practicing with negligence.Practicing with incompetence.Being a habitual user of alcohol or drugs.Being convicted of a crime.Refusing to care for a patient because of race, creed, color or national origin.More items...

What is unsatisfactory professional conduct?

Unsatisfactory professional conduct is defined under the LPUL as "conduct (whether consisting of an act or omission) occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer".

How long does it take to speak to an attorney about a complaint?

The average time to speak to the attorney assigned to your complaint is between 7 and 14 days. Note that the Office of Attorney Regulation Counsel generally does not handle complaints about judges, such as complaints about the way a judge handles a case or issues decisions.

What is the first step in the complaint process?

When you call the office with a complaint or use the online complaint form, you will be connected to the central intake division , which is the first step of the complaint process. For telephone complaints, a non-lawyer investigator in the central intake division will ask you questions about your complaint.

Who can apply the Code of Judicial Conduct to magistrate judges?

The Office of Attorney Regulation Counsel also may be authorized to apply the Code of Judicial Conduct to certain other judges, including magistrate judges. For more information on what to expect when filing a complaint, please visit our FAQs.

Can an attorney review a judicial decision?

It is important to understand that Attorney Regulation Counsel cannot review a judicial decision made by a magistrate or judge. Also, the attorney assigned to your complaint does not represent you and cannot assist you in your legal matter.

How to file a complaint against an attorney?

How do I file a complaint? To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370, or by using the following online complaint form. Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

Why are attorneys upset?

Most attorneys are understandably upset when they're notified of a complaint against them. Anxiety about loss of a license or a soiled reputation is common, but isn't necessarily warranted. The Office of Attorney Regulation Counsel is required to look into all complaints.

What happens if a trial attorney does not seek dismissal?

If the trial attorney does not seek dismissal, he or she will submit a report of investigation to the Attorney Regulation Committee.

What is the first step in the complaint process?

When you call the office with a complaint or use the online complaint form, you will be connected to the central intake division , which is the first step of the complaint process. For telephone complaints, a non-lawyer investigator in the central intake division will ask you questions about your complaint.

How long does it take for an attorney to respond to a report of investigation?

When the office submits the report of investigation to the Attorney Regulation Committee, the respondent attorney will receive a copy. The attorney then has 10 days to file a response that will be considered by the committee.

What is the burden of proof for an attorney?

This is a legally defined burden of proof. It is more rigorous than the preponderance of the evidence standard but less rigorous than proving a case beyond a reasonable doubt.

What documents can an investigator collect?

These can include trust account records, bank records, court records, fee agreements and billing statements. The Office of Attorney Regulation Counsel can subpoena records, if necessary.

What is the name of the board that handles complaints against lawyers?

In many states, a division of the courts handles these complaints. This is typically referred to as the disciplinary board . Some states rely on their state bar associations to discipline their attorneys.

What happens if a complaint is found to be true?

If the complaint is found to be true, the disciplinary board can fine the attorney, force the attorney to attend classes or perform community service, or take away the attorney's license. The disciplinary board typically does not give the person who complained about the attorney any money.

What is disciplinary action for an attorney?

For attorneys, a disciplinary action is very serious as it can directly affect their ability to earn a living. It may be best to first try and resolve any dispute you have with the attorney on your own.

Do lawyers make mistakes?

Most lawyers do their most to provide the best representation possible. However, every so often lawyers do not act properly or make serious mistakes, and in those cases their clients can file a complaint with the entity responsible for overseeing the practice of law in their state.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

How much to file a lawsuit in Colorado?

Pay a filing fee. In Colorado federal court, you will need to pay $400.00 in order to file a lawsuit. You can pay the filing fee in cash, money order, credit card, or personal check. Make checks and money orders payable to “Clerk, U.S. District Court.”.

What happens if you don't file a lawsuit in the correct county?

If you do not file your lawsuit in the correct county, then the judge will dismiss your lawsuit and you will have to start the whole filing process over again. For this reason, you will benefit greatly by taking the time to figure out which courthouse you should file your petition in.

How long do you have to serve notice of a complaint?

Notice will consist of the summons and a copy of the complaint. You must serve notice at least 14 days before the date the defendant must answer or appear in court (see your summons). There is no reason to wait, so serve notice as soon as possible.

What happens if you sue someone for a personal injury?

If you are suing for a personal injury, then you can recover for the cost of medical treatment and lost income. You may also be compensated for pain and suffering, emotional distress, and property loss.

What do district courts hear?

Additionally, district courts hear domestic relations, criminal, and probate matters. Federal courts. The Colorado federal courts handle violations of federal law. Generally, you would file in federal court for violations of civil rights or for copyright or trademark infringement.

How to find civil law?

Generally, there are two sources of civil law: statutes and the common law (meaning judge-made law). To find any relevant statute, you should search the Internet. You can type “Colorado” and then “property damage” or whatever injury you are suing for. Read the statute.

What to do if you are confused about civil law?

They include all relevant common law. If you are confused about whether or not you can bring a lawsuit, then talk to a lawyer.

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 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.

image