It's frustrating and concerning when you believe your attorney has acted unethically or provided inadequate representation. The legal system is built on trust, and when that trust is broken, it's important to know your rights and how to address the situation. Filing a complaint against an attorney is a serious matter, and understanding the process in Maryland is crucial to ensuring your concerns are properly addressed. This article provides a comprehensive guide to navigating the complaint process with the Attorney Grievance Commission of Maryland.
| Topic | Description | Resources/Links |
|---|---|---|
| Grounds for Filing a Complaint | Unethical behavior, incompetence, neglect, misrepresentation, conflicts of interest, fee disputes, and communication failures. | Maryland Attorneys' Rules of Professional Conduct: https://www.courts.state.md.us/attorneys/rulesofprofessionalconduct |
| The Attorney Grievance Commission (AGC) | The independent body responsible for investigating and prosecuting allegations of attorney misconduct in Maryland. | Attorney Grievance Commission of Maryland: https://www.courts.state.md.us/attorneys/attygrievance |
| How to File a Complaint | Completing and submitting the Attorney Grievance Commission's complaint form, providing detailed information, relevant documents, and contact information. | AGC Complaint Form: https://www.courts.state.md.us/attorneys/attygrievance/complaintform |
| What Information to Include | Attorney's name and contact information, a clear and concise statement of the facts, dates and times of relevant events, copies of relevant documents, and a description of the harm suffered. | N/A |
| Where to Send the Complaint | The Attorney Grievance Commission of Maryland at 200 Harry S. Truman Parkway, Suite 300, Annapolis, MD 21401. | Attorney Grievance Commission of Maryland: https://www.courts.state.md.us/attorneys/attygrievance |
| The Investigation Process | Initial review, investigation by Bar Counsel, possible dismissal, informal admonition, or prosecution before a hearing panel of the Attorney Grievance Commission. | N/A |
| Possible Outcomes | Dismissal, informal admonition, reprimand, suspension, or disbarment. | N/A |
| Confidentiality | Complaints and investigations are generally confidential, although the final disposition may become public record. | Maryland Rule 19-738: Confidentiality: https://www.courts.state.md.us/rules/chapter19 (Look for Rule 19-738) |
| Statute of Limitations | While there's no strict statute of limitations, unreasonable delay in filing a complaint may negatively impact the investigation. | N/A |
| Fee Disputes | The Attorney Grievance Commission typically does not handle fee disputes that don't involve overreaching or clear violations of ethical rules. Fee disputes may be handled by the Attorney Fee Dispute Resolution Program. | Attorney Fee Dispute Resolution Program: https://www.msba.org/for-the-public/resolving-fee-disputes/ |
| Seeking Legal Advice | Consulting with another attorney can provide guidance on the complaint process and your legal options. | Maryland State Bar Association Lawyer Referral Service: https://www.msba.org/for-the-public/find-a-lawyer/lawyer-referral-service/ |
| What the AGC Cannot Do | Award monetary damages, overturn court decisions, or provide legal representation. | N/A |
Detailed Explanations
Grounds for Filing a Complaint: An attorney is expected to adhere to a high standard of professional conduct. A complaint can be filed if you believe an attorney has violated the Maryland Attorneys' Rules of Professional Conduct. This can include, but is not limited to, incompetence, neglect of a client's case, misrepresentation or dishonesty, conflicts of interest (representing parties with adverse interests), charging unreasonable fees, or failing to communicate effectively with the client. The Rules of Professional Conduct outline the specific duties and responsibilities of attorneys in Maryland.
The Attorney Grievance Commission (AGC): The AGC is an independent arm of the Maryland Court of Appeals responsible for investigating and prosecuting complaints of attorney misconduct. It is not a part of the Maryland State Bar Association. The AGC's primary goal is to protect the public and maintain the integrity of the legal profession by ensuring attorneys adhere to ethical standards. They receive, investigate, and, if warranted, prosecute allegations of attorney misconduct.
How to File a Complaint: To initiate a complaint, you must complete the Attorney Grievance Commission's complaint form. This form can be found on the AGC's website. The complaint must be in writing. It is crucial to provide as much detail as possible, including the attorney's name and contact information, a clear and concise statement of the facts, relevant dates and times, copies of pertinent documents, and a description of the harm you suffered as a result of the attorney's actions.
What Information to Include: A successful complaint depends on providing clear and well-documented information. Be sure to include the full name, address, and bar number (if known) of the attorney. Your statement of facts should be chronological and specific, avoiding emotional language. Include dates, times, locations, and the names of any witnesses. Crucially, include copies (not originals) of any documents that support your allegations, such as contracts, correspondence, court filings, and billing statements. Clearly explain how the attorney's actions harmed you.
Where to Send the Complaint: The completed complaint form and supporting documentation should be mailed to the Attorney Grievance Commission of Maryland at 200 Harry S. Truman Parkway, Suite 300, Annapolis, MD 21401. It's advisable to send the complaint via certified mail with return receipt requested to ensure proof of delivery.
The Investigation Process: Once the AGC receives a complaint, it undergoes an initial review to determine if it falls within the AGC's jurisdiction and alleges conduct that, if true, would violate the Rules of Professional Conduct. If the complaint meets these criteria, it is assigned to Bar Counsel for investigation. Bar Counsel may contact you, the attorney, and any witnesses to gather information. The attorney is required to respond to the complaint and cooperate with the investigation. After the investigation, Bar Counsel may recommend dismissal of the complaint, issuance of an informal admonition to the attorney, or prosecution of the complaint before a hearing panel of the Attorney Grievance Commission.
Possible Outcomes: The possible outcomes of a disciplinary proceeding vary depending on the severity of the misconduct. If the hearing panel finds that the attorney violated the Rules of Professional Conduct, it can recommend various sanctions to the Court of Appeals of Maryland, which has the final authority to impose discipline. Possible sanctions include dismissal of the charges, an informal admonition (a private warning), a reprimand (a public censure), suspension of the attorney's license to practice law for a specified period, or disbarment (permanent revocation of the attorney's license).
Confidentiality: Generally, complaints and investigations by the Attorney Grievance Commission are confidential. This means that the details of the complaint and the investigation are not publicly disclosed. However, if the AGC files charges against an attorney in the Court of Appeals, the proceedings become public record. The final disposition of the case, including any sanctions imposed, is also a matter of public record.
Statute of Limitations: While there is no strict statute of limitations for filing a complaint against an attorney in Maryland, unreasonable delay in filing a complaint may negatively impact the investigation. Witnesses may be difficult to locate, memories may fade, and evidence may be lost. Therefore, it is generally advisable to file a complaint as soon as possible after discovering the alleged misconduct.
Fee Disputes: The Attorney Grievance Commission typically does not handle simple fee disputes. If the dispute involves allegations of overreaching or a clear violation of the Rules of Professional Conduct related to fees, the AGC may investigate. However, for standard fee disputes, the Maryland State Bar Association offers an Attorney Fee Dispute Resolution Program, which provides mediation and arbitration services to help resolve disputes between attorneys and clients. This program offers a less adversarial and more cost-effective way to address fee disagreements.
Seeking Legal Advice: Filing a complaint against an attorney can be a complex and emotionally charged process. Consulting with another attorney can provide you with valuable guidance on your legal options and the complaint process. An attorney can review your case, assess the strength of your allegations, and advise you on the best course of action. The Maryland State Bar Association Lawyer Referral Service can help you find an attorney in your area who specializes in legal ethics or professional responsibility.
What the AGC Cannot Do: It's important to understand the limitations of the Attorney Grievance Commission. The AGC cannot award monetary damages to you for any losses you may have suffered as a result of the attorney's misconduct. The AGC's primary role is to discipline attorneys who violate the Rules of Professional Conduct. The AGC also cannot overturn court decisions or provide legal representation to you in your case. If you seek financial compensation or wish to challenge a court ruling, you will need to pursue separate legal action.
Frequently Asked Questions
How do I know if my attorney did something wrong? Review the Maryland Attorneys' Rules of Professional Conduct. If you believe your attorney violated one or more of these rules, you may have grounds for a complaint.
Can I file a complaint anonymously? No, the Attorney Grievance Commission requires the complainant to identify themselves. They will not investigate anonymous complaints.
How long does the investigation take? The length of the investigation varies depending on the complexity of the case. Some investigations may be completed in a few months, while others may take a year or more.
What if I don't have all the documents? Provide as much documentation as you can. The AGC may be able to obtain additional information during its investigation.
Will the AGC help me get my money back? No, the Attorney Grievance Commission cannot award monetary damages. You may need to pursue a separate legal action to recover any losses.
What happens if the attorney is disbarred? Disbarment means the attorney's license to practice law is permanently revoked. They can no longer represent clients or practice law in Maryland.
Can I appeal the AGC's decision? The attorney can appeal a decision to the Court of Appeals. The complainant typically does not have the right to appeal a dismissal of the complaint.
Conclusion
Filing a complaint against an attorney is a serious undertaking that requires careful consideration and attention to detail. Understanding the grounds for filing a complaint, the process involved, and the possible outcomes is crucial for navigating the system effectively and ensuring your concerns are properly addressed by the Attorney Grievance Commission of Maryland.