who to complain to about a lawyer in maine

by Ava Hill 5 min read

The Board of Overseers of the Bar in Maine is the state licensing board that regulates attorney conduct in Maine. To file a complaint, or learn more about grievance complaints against a Maine attorney, visit the Board of Overseers website. You may also download a grievance complaint form here.

Full Answer

How do I file a complaint with the Maine State Bar Association?

The Board of Overseers of the Bar in Maine is the state licensing board that regulates attorney conduct in Maine. To file a complaint, or learn more about grievance complaints against a Maine attorney, visit the Board of Overseers website. You may also download a grievance complaint form here. Maine State Bar Association does not have authority over attorney conduct, …

How do I file a complaint against a lawyer?

File a Complaint The Board of Overseers of the Bar in Maine is the state licensing board that regulates attorney conduct in Maine. To file a complaint, or learn more about grievance complaints against a Maine attorney, visit the Board of Overseers website. You may also download a grievance complaint form here.

How do I dispute a lawyer’s fee in Maine?

(207) 626-8849 (800) 436-2131 – toll free in Maine Our consumer hotline accepts calls between 9 am - 12 noon and 1 pm - 4 pm, Monday – Friday. Write us Attorney General's Consumer Information and Mediation Service 6 State House Station Augusta, Maine 04333 Maine's Lemon Law

What is the Maine Rules of Professional Conduct for lawyers?

Office of the Maine Attorney General Site Policies If content on this page is inaccessible and you would like to request the information in a different format, please contact (207) 626-8800 and it will be provided to you.

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How to file a complaint against a lawyer?

If you believe that your lawyer has engaged in unethical conduct, download the Board's Grievance Complaint Form Fillable or (PDF). Once you have filled out the form, mail it to the Board’s office to start the process.

What are the rules of professional conduct in Maine?

The professional conduct of every lawyer practicing law in the State of Maine is governed by the Maine Rules of Professional Conduct and the Maine Bar Rules as promulgated by the Maine Supreme Judicial Court. The Board of Overseers of the Bar was created by the Court in 1978. The Board consists of six lawyers and three lay members (non-lawyer members of the public). The Board appoints members to three commissions established by the Bar Rules: the Fee Arbitration Commission, the Grievance Commission, and the Professional Ethics Commission. All members of the Board and its commissions serve as volunteers.

How to start an arbitration of fee dispute?

To start the process, download the Board’s form called a Petition for Arbitration of Fee Dispute). When completing the Petition, be sure to include the facts of the dispute and copies of supporting documentation such as bills, receipts, and correspondence relating to the dispute. If you wish to provide evidence by electronic means (audio tapes, etc.) you must also provide a transcript of the recording.

What does a lawyer do?

A lawyer advises you or anyone else to lie, or lies himself or herself in the course of a case. Lawyers pride themselves on their honesty. The profession does not need those who feel they must resort to deception to conduct their practice.

Can a lawyer be investigated for rudeness?

Allegations that a lawyer was rude, used bad language, or failed to pay a bill cannot generally be investigated by the disciplinary system. While it is impossible to list all of the acts or omissions which may constitute unethical conduct, here are a few examples of prohibited conduct which, if proven, may be cause for discipline.

Is a mistake in judgment unethical?

But a simple mistake or error in judgment by itself is not unethical conduct. There are situations that a client may find most annoying, but that do not constitute unethical conduct.

Is a mistake unethical conduct?

An honest disagreement about how a case should be handled — or should have been handled — does not constitute unethical conduct, even if the outcome of the case is disappointing. A mistake does not necessarily constitute unethical conduct either. If a mistake causes a loss, the client may be able to recover the loss in a civil suit against ...

Call us

Our consumer hotline accepts calls between 9 am - 12 noon and 1 pm - 4 pm, Monday – Friday.

Write us

Attorney General's Consumer Information and Mediation Service 6 State House Station Augusta, Maine 04333

Maine's Lemon Law

Maine's Lemon Law applies to new vehicles in for repair before reaching 18,000 miles. The vehicle must still be covered by the manufacturer's warranty and be less than 3 years old. Contact the Maine Lemon Law Arbitration Program at lemon.law@maine.gov or call the consumer hotline number above.

Who makes a complaint in a court?

The grievance process starts with a written complaint made by a client, another lawyer, a judge, or a third party. The person making the complaint is the complainant. The lawyer involved is the respondent. A complaint must be in writing and signed by the complainant and may be submitted on a complaint form.

How long does it take to file a grievance in Maine?

If Bar Counsel concludes the conduct alleged in the complaint could, if proven true, violate the Maine Bar Rules or the Rules of Professional Conduct (Rules), the complaint will be investigated and then reviewed by a panel of the Grievance Commission. This initial phase of the disciplinary process usually takes 90 to 120 days. However, the complexity of the case, the length of the investigation, and other legal proceedings may delay disposition of a grievance complaint for many months.

Who represents the Board of Overseers?

The Board of Overseers of the Bar, Bar Counsel, and the Grievance Commission cannot provide legal services or advice. Bar Counsel represents the Board of Overseers, not the complainant or respondent.

What is a petition in a disciplinary hearing?

If the Review Panel refers the case to a disciplinary hearing open to the public, Bar Counsel will prepare and file a document called a petition. The petitioner will be the Board of Overseers, not the complainant. The petition sets forth the facts of the case, alleges specific violation (s) of the Rules, and asks for an appropriate disposition. The petition is served on the respondent. The case is then assigned to a Hearing Panel (different from the Review Panel) of the Grievance Commission to hear evidence. The complainant and the respondent will be notified in advance of the date of the hearing. The complainant and respondent should be prepared to testify under oath at the hearing. Witnesses may be subpoenaed or legally compelled to appear and testify at the hearing. Disciplinary hearings are conducted in a manner very similar to a civil trial. All witnesses are sworn. Bar Counsel presents the Board’s case to a Hearing Panel with the respondent having the right to cross-examine all of the Board’s witnesses. The respondent then presents his or her case to the panel, and Bar Counsel cross-examines the respondent’s witnesses. After all the evidence is received by the panel, the public part of the hearing is concluded and the panel confidentially deliberates. Typically, the panel will issue a written decision two to four weeks after the hearing. Bar Counsel will then promptly notify the complainant and respondent of the Hearing Panel’s decision. These decisions are available to the public upon request and, if discipline is imposed, will be published by the Board on its web site upon becoming final. The Hearing Panel will make one of the following dispositions:

Is a grievance hearing open to the public?

In cases where a disciplinary petition is filed and a hearing held, as described below, the petition, answer, and the hearing will be open to the public.

What is the process of a complaint being reviewed by the Bar Counsel?

Once an investigation is complete, Bar Counsel will present the complaint, response, and other relevant information to a panel of the Grievance Commission that will act as a Review Panel. Bar Counsel will recommend to the Review Panel that the complaint be either: dismissed, dismissed with a warning, or referred for a hearing. Neither the complainant nor the respondent is present or participates at this review. Although the Review Panel is provided with Bar Counsel's recommendation, the panel makes an independent decision after evaluating the complaint. The Board Clerk then notifies the complainant and respondent in writing of the Review Panel’s decision. If the decision is to dismiss or to dismiss with a warning to the respondent, the letter will briefly state the reasons for such action. If the decision is to refer the complaint for a hearing, that hearing will be open to the public. The Review Panel's choices are described as follows:

How long does it take to get a review of a dismissal?

Reviews should be requested within 14 days of the notification of the dismissal. Reviews are done by a public member of either the Board or the Grievance Commission. If the public member approves the dismissal, the complainant and respondent will be informed, and the matter remains dismissed.

What to do if you believe an attorney has committed professional misconduct?

If you believe an attorney has committed professional misconduct, you have the option of filing a complaint with the attorney regulatory authorities in your juris diction (links below).

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 ...

What happens if a lawyer complains about a lawyer?

If the complaint is sustained, the disciplinary board will begin its investigation. Sometimes the lawyer will be required to appear at a hearing and answer questions about the incident that prompted the complaint. 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. It usually serves only to admonish, suspend, or disbar attorneys who break the rules governing the practice of law.

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 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.

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.

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.

Who is responsible for printing the complaint forms?

A. The District Court is responsible for printing all copies of the Violation Summons and Complaint forms. The Department of Public Safety is responsible for printing all copies of the Uniform Summons and Complaint forms and issuing both types to law enforcement agencies or others. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

What is a summons and complaint?

A Uniform Summons and Complaint, when issued or delivered to a person by a law enforcement officer or served on the person in the manner prescribed by rule of the Supreme Judicial Court, acts as a summons to appear in court on the date and time specified in the summons or to otherwise respond in accordance with law on or before the date and time specified in the summons. Any person who fails to appear in court as directed by the summons or to otherwise respond in accordance with law on or before the date and time specified in the summons commits a Class E crime. Upon the person's failure to appear or respond, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this subsection that the failure to appear or respond resulted from just cause.

How long does it take to file a summons in the District Court?

A law enforcement officer issuing a Violation Summons and Complaint charging the commission of a traffic infraction shall file the original of the Violation Summons and Complaint with the violations bureau within 5 days of the issuance of the Violation Summons and Complaint. A law enforcement officer issuing a Uniform Summons and Complaint that charges the commission of an offense shall file the original of the Uniform Summons and Complaint with the District Court having jurisdiction over the offense or in such other location as instructed by the Chief Judge of the District Court without undue delay and, in any event, within 5 days after the issuance of the Uniform Summons and Complaint.

What is a violation summons?

Violation Summons and Complaint as summons. The Violation Summons and Complaint, when issued or delivered to a person by a law enforcement officer or served on the person in the manner prescribed by rule of the Supreme Judicial Court, acts as an order to file written answer to the complaint on or before the date specified in the summons.

Who is responsible for the further issuance of summons and complaint forms to individual law enforcement officers?

B. The chief executive officer of every law enforcement agency or that chief executive officer's designee is responsible for the further issuance of summons and complaint forms to individual law enforcement officers and for the proper disposition of those forms. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

Who is responsible for creating the forms of uniform summons and complaint?

2. Creation of forms. The Commissioner of Public Safety is responsible for creating the forms of Uniform Summons and Complaint, subject to the approval of the forms by the Chief Judge of the District Court.

What is a refusal to sign a summons and complaint?

Refusal to sign. A person who refuses to sign a Uniform Summons and Complaint or a Violation Summons and Complaint after having been ordered to do so by a law enforcement officer commits a Class E crime. A law enforcement officer may not order a person to sign the Uniform Summons and Complaint for a civil violation unless the civil violation is an offense defined in Title 12; Title 28-A, section 2052; or this Title. Notwithstanding any other provision of law, the venue for a violation of this subsection is the same judicial division as for the Uniform Summons and Complaint or Violation Summons and Complaint that the person refuses to sign.

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