How To File A Complaint Against An Attorney In Pa

Filing a complaint against an attorney can be a daunting process, but it's a necessary step when you believe an attorney has acted unethically or provided inadequate representation. Understanding the process in Pennsylvania, knowing where to file, and gathering the necessary documentation are crucial for a successful complaint. This article provides a comprehensive guide to filing a complaint against an attorney in Pennsylvania, ensuring you are well-informed and prepared.

Table of Key Information: Filing a Complaint Against an Attorney in Pennsylvania

Detailed Explanations

Grounds for Complaint:

An attorney's conduct must fall below the standard of care expected of a competent legal professional to warrant a disciplinary complaint. This can include incompetence (failing to adequately represent a client due to lack of knowledge or skill), neglect (failing to diligently pursue a client's case), conflicts of interest (representing clients with opposing interests), fee disputes (overcharging or improperly handling client funds), and violations of the Pennsylvania Rules of Professional Conduct. Simply being unhappy with the outcome of a case is usually not sufficient grounds for a complaint; there must be evidence of unethical or negligent behavior. Misappropriation of funds, failure to communicate with a client, and negligence in handling legal matters are serious breaches that often lead to disciplinary action.

The Disciplinary Board of the Supreme Court of Pennsylvania:

The Disciplinary Board of the Supreme Court of Pennsylvania is the central authority responsible for overseeing attorney discipline in the state. This board investigates allegations of attorney misconduct, prosecutes cases where warranted, and makes recommendations to the Supreme Court regarding appropriate sanctions. The Disciplinary Board operates independently and impartially to protect the public and maintain the integrity of the legal profession. Their website (padisciplinaryboard.org) provides valuable information about the disciplinary process, the Rules of Disciplinary Enforcement, and how to file a complaint.

Filing the Complaint:

To file a complaint, you must submit a written statement to the Disciplinary Board of the Supreme Court of Pennsylvania. It's crucial to use the official Complaint Form, available on the Disciplinary Board's website, to ensure you provide all the necessary information. Your complaint should include a detailed account of the events that led you to believe the attorney engaged in misconduct, including dates, times, and specific actions. Supporting documents, such as contracts, correspondence, court documents, and any other relevant evidence, are essential to substantiate your claims. You may also be required to provide a sworn statement attesting to the truthfulness of your complaint.

Complaint Review Process:

The complaint review process begins with an initial review by the Office of Disciplinary Counsel (ODC). The ODC determines if the complaint alleges conduct that, if true, would constitute a violation of the Rules of Professional Conduct. If the complaint is deemed credible, the ODC will conduct an investigation, which may involve interviewing witnesses, reviewing documents, and gathering additional information. If the investigation reveals sufficient evidence of misconduct, the ODC may file formal charges against the attorney. The attorney then has the opportunity to respond to the charges. A hearing before a Hearing Committee is held, where evidence is presented and witnesses are examined. The Hearing Committee makes a recommendation to the Disciplinary Board, which reviews the record and issues its own recommendation to the Supreme Court. The Supreme Court ultimately decides whether to impose sanctions on the attorney.

Possible Outcomes/Sanctions:

If an attorney is found to have engaged in misconduct, the Supreme Court of Pennsylvania can impose a range of sanctions, depending on the severity of the violation. These sanctions may include a private reprimand (a confidential warning), a public censure (a public statement of disapproval), suspension (a temporary prohibition from practicing law), disbarment (permanent revocation of the attorney's license to practice law), restitution (requiring the attorney to compensate the client for financial losses), probation, or requirements to complete continuing legal education. The purpose of these sanctions is to protect the public, deter future misconduct, and maintain the integrity of the legal profession.

Statute of Limitations:

While Pennsylvania does not have a strict statute of limitations for filing disciplinary complaints against attorneys, it is generally advisable to file a complaint as soon as possible after discovering the alleged misconduct. Unreasonable delays in filing a complaint can make it more difficult to gather evidence, locate witnesses, and reconstruct events. Furthermore, the Disciplinary Board may be less likely to pursue a complaint that is based on stale or unreliable information. Case law suggests that the timeliness of the complaint is a factor considered during the review process.

Client Assistance Program (CAP):

The Client Assistance Program (CAP) is a resource offered by the Pennsylvania Bar Association to assist clients who have disputes with their attorneys that do not involve ethical violations. CAP provides mediation services to help resolve fee disputes, communication breakdowns, and other issues that may arise between attorneys and clients. CAP can be a valuable alternative to filing a formal disciplinary complaint in situations where the problem is not necessarily a violation of the Rules of Professional Conduct but rather a misunderstanding or disagreement. Contact information for CAP can be found on the Pennsylvania Bar Association website.

Fee Arbitration:

Fee arbitration is a specific type of alternative dispute resolution used to resolve disagreements about attorney fees. If you believe your attorney has overcharged you or improperly billed you for services, you can request fee arbitration through the Pennsylvania Bar Association's fee dispute resolution program. This process involves a neutral third party who reviews the billing records and hears arguments from both sides before issuing a decision. Fee arbitration is generally less expensive and less adversarial than litigation. The rules and procedures for fee arbitration are available on the Pennsylvania Bar Association website.

Confidentiality:

The disciplinary process is generally confidential, meaning that information about the complaint is not publicly disclosed. This confidentiality protects the attorney from unwarranted publicity and ensures the integrity of the investigation. However, once formal charges are filed against an attorney, some information about the complaint may become public record. The Rules of Disciplinary Enforcement outline the specific circumstances under which information about a disciplinary matter can be disclosed.

Reinstatement:

An attorney who has been suspended or disbarred can apply for reinstatement to the practice of law. The reinstatement process is rigorous and requires the attorney to demonstrate that they have been rehabilitated, that they have made restitution to any clients who were harmed by their misconduct, and that they are fit to practice law again. The Rules of Disciplinary Enforcement outline the specific requirements for reinstatement, which may include passing the bar exam, completing continuing legal education, and undergoing a psychological evaluation. The Supreme Court ultimately decides whether to grant reinstatement.

Frequently Asked Questions

• What should I do if I think my lawyer is incompetent? Gather all relevant documentation, and file a detailed complaint with the Disciplinary Board of the Supreme Court of Pennsylvania. Include specific instances of alleged incompetence.

• How long does it take for a complaint to be investigated? The investigation timeline varies depending on the complexity of the case, but it can take several months or even years.

• Can I get my money back if my lawyer acted unethically? Restitution may be ordered as part of the disciplinary process if the attorney's misconduct caused you financial harm. Fee arbitration is another avenue to explore.

• What happens if the Disciplinary Board dismisses my complaint? You may have the option to appeal the dismissal, but this depends on the specific circumstances.

• Will the attorney know that I filed a complaint? Yes, the attorney will be notified of the complaint and given an opportunity to respond.

• Is it possible to settle a complaint with the attorney before the disciplinary board makes a decision? Settlement is possible, but the Disciplinary Board may still proceed with its investigation and take disciplinary action, regardless of any settlement.

• Can I file a complaint anonymously?

  Generally, anonymous complaints are not accepted because the Disciplinary Board requires a complainant to come forward and provide verifiable information.

Conclusion

Filing a complaint against an attorney in Pennsylvania is a serious matter that requires careful consideration and thorough preparation. By understanding the grounds for a complaint, the disciplinary process, and your rights, you can navigate this process effectively. Remember to gather all relevant documentation, present your case clearly, and seek legal advice if needed.