who do i complain about a dishonest lawyer in louisana?

by Jody Homenick 5 min read

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 that one be mailed to.

the Disciplinary Counsel

Full Answer

Who is responsible for a complaint against a 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.

How do I file a complaint against a lawyer?

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 that one be mailed to.

Can a judge file a complaint against an attorney for improper behavior?

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.

How does the state bar handle complaints about unethical attorney conduct?

A lawyer who filed frivolous judicial complaints and lawsuits against a judge engaged in conduct prejudicial to the administration of justice. See In re Nugent, 231 So. 3d 19 (La. 2017). A lawyer who retained co-counsel solely to force the recusal of impeached federal district judge G. Thomas Porteous, Jr., engaged in conduct prejudicial to the ...

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.

Can a lawyer be dishonest?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

How do I file a complaint against Louisiana?

Complaints or information may be filed online, in person, by mail, telephone, or fax. The Complaint Form can be completed online and sent electronically. It can also be printed for mailing or faxing. Complaints may also be filed by calling the Fraud and Abuse Hotline at 1-866-801-2549.

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 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 ...

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

How do I file a complaint with the attorney general in Louisiana?

Call the Louisiana Attorney General at 225-326-6465 or contact www.ag.state.la.us.

Who is the attorney general in Louisiana?

Jeff LandryAssumed office January 11, 2016GovernorJohn Bel EdwardsPreceded byBuddy CaldwellMember of the U.S. House of Representatives from Louisiana's 3rd district22 more rows

How do I report a state facility in Louisiana?

Support Coordination (Case Management) 800-660-0488. For all other programs, call Health Standards Section: 225-342-0138.

What is the meaning of disciplinary committee?

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

What are the disciplinary board in jails?

DISCIPLINARY BOARD FOR JAILS - is organized and maintained for the purpose of hearing disciplinary cases involving violation of jail rules or regulations by the inmates.Dec 22, 2020

Who are the US Federal Attorney for each district within Louisiana?

Current U.S. AttorneysDistrictUnited States AttorneyLouisiana, MiddleRonald C. Gathe, Jr.Louisiana, WesternBrandon B. BrownMaineDarcie N. McElweeMarylandErek L. Barron89 more rows

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 Louisiana attorney disciplinary 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.

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.

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.

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.

Do lawyers make mistakes?

Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule a meeting. Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, ...

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.

When are lawyers subject to discipline?

[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph (a), however, does not prohibit a lawyer from advising a client concerning action the client is legally entitled to take.

What is professional misconduct?

It is professional misconduct for a lawyer to: (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

What is Rule 8.4 D?

The Louisiana Supreme Court has noted that while Rule 8.4 (d) typically applies to “litigation-related misconduct, ” it is broader in scope. See In re Downing, 930 So. 2d 897, 904 n.5 (La. 2006). The rule also “reaches conduct that is uncivil, undignified, or unprofessional, regardless of whether it is directly connected to a legal proceeding.” Id. For example, a lawyer received a thirty-day suspension for disrupting a court proceeding by “using vulgarities in the courtroom.” See In re Sanford, 214 So. 3d 841 (La. 2017). Another lawyer received a public reprimand after raising his fist and threatening to punch the opposing counsel. In re Spears, 290 So. 3d 645 (La. 2020).Although, not a Louisiana case, a North Carolina “activist” lawyer purporting to represent an “occupy movement” engaged in conduct “prejudicial to the administration of justice” by exclaiming to a magistrate “what the fu** is going on around here.” See N.C. State Bar v. Foster, No. COA17-443 (N.C. Dec. 19, 2017).

What is the new paragraph in Rule 8.4?

Third, on August 8, 2016, the ABA House of Delegates amended Model Rule 8.4 to include a broad anti-discrimination and anti-harassment provision . The amendment, which was sponsored by several ABA groups, 2 added this new paragraph (g) to the black-letter of Rule 8.4: It is professional misconduct for a lawyer to: . . .

What is the 6.1 rule?

Lawyers also should be mindful of their professional obligations under Rule 6.1 to provide legal services to those who are unable to pay, and their obligation under Rule 6.2 not to avoid appointments from a tribunal except for good cause. See Rule 6.2 (a), (b) and (c).

What are the sanctions appropriate for a violation of paragraph (a) of this rule?

The sanctions appropriate for a violation of paragraph (a) of this rule are those applicable to the underlying rule that the lawyer has violated, attempted to violate or assisted another in violating. See ABA Stds. for Imposing Lawyer Sanctions appx. 1 (1986).

Can a disciplinary counsel be a collection agent?

The Office of Disciplinary Counsel traditionally does not allow itself to be used as a collection agent for the vendors and creditors of lawyer. In so doing, the office has relied upon the Louisiana Supreme Court’s 2003 decision in In re Bible, 842 So. 2d 729 (La. 2003). In that case, the hearing committee opined that “the failure to pay an invoice of a court reporter does not constitute action that is prejudicial to the administration of justice even though Respondent has no justification for not paying the invoice.” Otherwise, the disciplinary counsel “would become a collection agency for creditors of attorneys.” Id. at 736.

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 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 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 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:

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.

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.

Alexander O Bentsen

If you can document and demonstrate all of this, I do not see a reason why the plea agreement would be voided by her unintentionally failing to appear. Unless there is more to the story, aside from the unfortunate inconvenience of being locked up when she shouldn't be, the plea agreement should still be valid and in effect.

Mark M Cheser

Maybe i an dense but i have never heard of Legal Aid. If it is a law firm they are responsible to make sure the case is adjourned and their client excused. You can fire the attorney but that attorney knows the case best. if the plea papers say non custodial probation that will likely follow once the FTA is explained.#N#More

William J Popovich

Her attorney can typically hire other attorneys to assist in her representation.

Edward George Appel

I have heard of several comments and complaints about Legal aid. It was your lawyers responsibility to assure that the case was adjourned. Now she's been incarcerated for absolutely no reason. In order to vacate the plea you would need to overcome some significant hurdles.

Stephen Francis McGuckin

From your summary, it seems as though your granddaughter entered a plea and is awaiting sentencing. She should first decide on what grounds does would seek to withdraw the plea that she willingly and voluntarily entered into.#N#You should speak with your attorney about your concerns. Hopefully her plea was...

Lee A Gronikowski

You have a complicated case here. First, it is very difficult in New Jersey to take back a plea. A motion has to be made to the court. It's called a "Slater" motion. You don't have a lot of time obviously. You've got to get your current lawyer to do it or hire someone else and give the court notice that she wants to take back the plea.