2. Making an Ethics Complaint
The least known, and one of the most powerful remedies you have if you can't solve the problem on your own is filing a complaint with the official agency that monitors the conduct of your lawyer. While the judicial system of each has an agency or body within it responsible for the ethical conduct of all licensed lawyers, your complaint usually starts with a local committee or panel. This committee or panel can ultimately have your lawyer's license taken away if your complaint is serious enough. If there is a history of other complaints about unethical conduct by your attorney your complaint could lead to a serous investigation.
But keep in mind that only some kinds of misconduct is investigated by a grievance panel. For example, theft of client funds and allegations of sexual contact by a matrimonial attorney are generally appropriate for disciplinary complaints. However, problems such as fee dispute, claims of negligence, or even minor deceit, generally are not suitable for the grievance process.
Every state has a lengthy set of rules governing the conduct of attorneys. The standards are very high. You should obtain a copy of the rules adopted by the judicial system in your state and read them thoroughly. Your state's judicial system should provide you with both a copy of the rules and information on registering a complaint against your lawyer. (To obtain the number you should call in your state to file an ethics complaint click here).
Each state has a somewhat different procedure for investigating the misconduct of an attorney. In general, if you write out a meritorious claim, the complaint will eventually be send to your attorney for a response. Your attorney must answer in writing usually within in 30 days. That written answer should be sent to you for a written reply. In other words, you will have an opportunity to expose the incorrect, or false, statements made by your attorney about the problem.
The official body reviewing your complaint will read all of the papers and decide whether discipline of your attorney should be considered. The most frequently meted out discipline is a private letter of reprimand written to the attorney. It goes into a confidential file and stays there for several years. Serious discipline, like being suspended or disbarred, only happens when the charges are very serious and after a hearing at which you will often have an opportunity to testify.
You should know that while this is a very serious business for your attorney, the ethics committee will generally not help you get back money taken by your attorney or obtain compensation for your damages.
You must also be prepared for a chilling fact. Lawyers review the conduct of lawyers. They are instinctively very protective of other lawyer's reputations. It's a lawyers most precious asset. The reviewing lawyers are very protective if they think your complaint is vindictive or frivolous.
In most states, the disciplinary process is largely confidential. This is intended to protect the reputation of attorneys. However, some states have taken steps to open up even filed complaints to the public. And a growing number of states are opening up the process of disciplining attorneys at the hearing stage. New York state is among the most closed systems in the nation.
Despite the trend towards greater openness, don't lost sight of the fact that it is an uphill battle to establish your grievance. Attorneys protect other attorneys instinctively. The burden of proof is "clear and convincing" evidence. Unless your attorney is a real scoundrel, his reputation will be protected and his statements about the facts will always be given more weight than yours.
Until there is more reform of the disciplinary review system—for example, by opening up the secret proceedings to the public, and involving more non-lawyers in the process—you will most likely not be very satisfied with the outcome of your complaint. Nevertheless, you should register your complaint about your attorney's conduct if he has been unethical. Even the inadequate system now in place keeps a record of the grievance for a time and your claim may act as a deterrent to further misconduct by your attorney with other clients.
