Dealing with a lawyer can be a complex experience. While most attorneys uphold the highest ethical standards, there may be instances where their conduct falls short. If you believe your attorney has acted unethically or incompetently in Pennsylvania, you have the right to file a complaint. Understanding the process is crucial to ensuring your concerns are properly addressed. This article provides a detailed guide on how to file a complaint against an attorney in Pennsylvania.
Table: Filing a Complaint Against an Attorney in Pennsylvania
| Topic | Description | Resources/Details |
|---|---|---|
| Grounds for Complaint | Actions or inactions by an attorney that violate the Pennsylvania Rules of Professional Conduct. | Neglect, Misrepresentation, Conflict of Interest, Fee Disputes (sometimes), Breach of Confidentiality, Criminal Conduct, Failure to Communicate. |
| Who Can File a Complaint? | Any individual who believes an attorney has engaged in unethical or unprofessional conduct. | Clients, opposing parties, witnesses, or even other attorneys can file a complaint. |
| Where to File a Complaint | The Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Supreme Court of Pennsylvania. | Address: Office of Disciplinary Counsel, 601 Commonwealth Avenue, Suite 5500, Harrisburg, PA 17106-0713. Website: Pennsylvania Disciplinary Board. |
| Complaint Form | A standardized form provided by the ODC for submitting complaints. | Available for download on the Disciplinary Board's website or can be requested by mail. Completion is mandatory. |
| Information Required in the Complaint | Detailed information about the attorney, the alleged misconduct, and supporting documentation. | Attorney's name and address, specific details of the alleged misconduct (dates, times, events), copies of relevant documents (retainer agreement, correspondence, court filings), names and contact information of witnesses. |
| Statute of Limitations | While there isn't a strict statute of limitations, unreasonable delay in filing a complaint can hinder the investigation. | File as soon as possible after discovering the alleged misconduct. Laches (unreasonable delay) can be a factor. |
| Confidentiality | Complaints are generally confidential during the investigation process. | Information is typically not disclosed to the public unless formal charges are filed with the Disciplinary Board. Complainant information is usually kept confidential unless needed for the investigation. |
| Investigation Process | The ODC reviews the complaint, conducts an investigation, and determines whether there is sufficient evidence to proceed. | The ODC may request additional information from the complainant and the attorney. They may also interview witnesses and review documents. |
| Possible Outcomes of Investigation | Several outcomes are possible, ranging from dismissal of the complaint to formal disciplinary action. | Dismissal, Informal Admonition, Private Reprimand, Public Reprimand, Suspension, Disbarment. |
| Attorney's Right to Respond | The attorney has the right to respond to the complaint and present their side of the story. | The attorney will be given a copy of the complaint and an opportunity to provide a written response. |
| The Disciplinary Board | A body appointed by the Supreme Court of Pennsylvania that hears disciplinary cases and makes recommendations to the Court. | The Disciplinary Board consists of lawyers and non-lawyers. They conduct hearings and review evidence to determine whether disciplinary action is warranted. |
| Appeals Process | An attorney can appeal a disciplinary decision to the Supreme Court of Pennsylvania. | The appeal process is complex and requires strict adherence to court rules. |
| Reinstatement | An attorney who has been suspended or disbarred may apply for reinstatement. | The reinstatement process involves demonstrating rehabilitation and fitness to practice law. |
| Protection from Retaliation | Pennsylvania law prohibits attorneys from retaliating against individuals who file complaints. | Reporting retaliation is crucial. Document any instances of retaliation and report them to the ODC. |
| Seeking Legal Advice | Consulting with another attorney can provide guidance and support throughout the complaint process. | Consider seeking advice from an attorney specializing in legal ethics or professional responsibility. |
Detailed Explanations
Grounds for Complaint: The Pennsylvania Rules of Professional Conduct outline the ethical obligations of attorneys. A complaint can be filed if an attorney violates these rules. Examples include neglecting a client's case, misrepresenting facts, having a conflict of interest, mismanaging funds, breaching confidentiality, engaging in criminal conduct, or failing to communicate adequately with the client.
Who Can File a Complaint? Any person who believes an attorney has engaged in unethical or unprofessional conduct can file a complaint. This includes not only the attorney's client but also opposing parties, witnesses, or even other attorneys who observe misconduct. The key is having a reasonable belief that a violation of the Rules of Professional Conduct has occurred.
Where to File a Complaint: All complaints against attorneys in Pennsylvania must be filed with the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Supreme Court of Pennsylvania. The ODC is responsible for investigating allegations of attorney misconduct. The ODC's address is 601 Commonwealth Avenue, Suite 5500, Harrisburg, PA 17106-0713. Their website, Pennsylvania Disciplinary Board, provides further information and resources.
Complaint Form: The ODC requires complaints to be submitted on a standardized form. This form ensures that all necessary information is provided in a consistent format. The complaint form is available for download on the Disciplinary Board's website or can be requested by mail. Completing the form thoroughly and accurately is essential for a successful investigation.
Information Required in the Complaint: The complaint form requires detailed information about the attorney and the alleged misconduct. This includes the attorney's full name and address, specific details of the alleged misconduct (including dates, times, and a clear description of the events), copies of relevant documents (such as the retainer agreement, correspondence, court filings, and any other evidence), and the names and contact information of any witnesses who can support your allegations. The more specific and detailed your complaint, the better the ODC can investigate.
Statute of Limitations: While Pennsylvania doesn't have a strict statute of limitations for filing disciplinary complaints, unreasonable delay can negatively impact the investigation. The principle of laches, which prevents a party from asserting a right after an unreasonable delay that prejudices the other party, can be applied. Therefore, it's crucial to file a complaint as soon as possible after discovering the alleged misconduct.
Confidentiality: Complaints are generally kept confidential during the investigation process to protect the attorney's reputation and the integrity of the investigation. Information is typically not disclosed to the public unless and until formal charges are filed with the Disciplinary Board. The complainant's identity is also usually kept confidential unless their testimony or involvement is necessary for the investigation.
Investigation Process: After receiving a complaint, the ODC reviews it to determine whether it alleges conduct that violates the Rules of Professional Conduct. If so, the ODC conducts an investigation. This may involve requesting additional information from the complainant and the attorney, interviewing witnesses, and reviewing documents. The ODC has the power to subpoena documents and compel testimony.
Possible Outcomes of Investigation: The investigation can lead to several outcomes. The ODC may dismiss the complaint if it finds no evidence of misconduct. Alternatively, the ODC may issue an Informal Admonition (a private warning), a Private Reprimand (a more formal censure that is not made public), a Public Reprimand (a public censure), Suspension (temporary removal of the attorney's license to practice law), or Disbarment (permanent revocation of the attorney's license). The severity of the sanction depends on the nature and seriousness of the misconduct.
Attorney's Right to Respond: The attorney against whom the complaint is filed has the right to respond to the allegations and present their side of the story. The ODC will provide the attorney with a copy of the complaint and an opportunity to submit a written response. The attorney may also be interviewed by the ODC.
The Disciplinary Board: The Disciplinary Board is a body appointed by the Supreme Court of Pennsylvania. It consists of lawyers and non-lawyers. The Board hears disciplinary cases brought by the ODC and makes recommendations to the Supreme Court regarding disciplinary action. The Board conducts hearings, reviews evidence, and issues reports containing its findings and recommendations.
Appeals Process: An attorney who is subject to disciplinary action by the Disciplinary Board has the right to appeal the decision to the Supreme Court of Pennsylvania. The appeal process is complex and requires strict adherence to court rules. The attorney must demonstrate that the Disciplinary Board's decision was based on legal error or was not supported by the evidence.
Reinstatement: An attorney who has been suspended or disbarred may apply for reinstatement to the bar. The reinstatement process involves demonstrating rehabilitation and fitness to practice law. The attorney must show that they have addressed the issues that led to the disciplinary action and that they are now competent and ethical. The Disciplinary Board reviews applications for reinstatement and makes recommendations to the Supreme Court.
Protection from Retaliation: Pennsylvania law prohibits attorneys from retaliating against individuals who file complaints. If you believe an attorney has retaliated against you for filing a complaint, it is crucial to document any instances of retaliation and report them to the ODC. Retaliation is considered a serious ethical violation and can result in further disciplinary action against the attorney.
Seeking Legal Advice: Filing a complaint against an attorney can be a complex and stressful process. Consulting with another attorney, especially one specializing in legal ethics or professional responsibility, can provide valuable guidance and support. An attorney can help you understand your rights, assess the strength of your complaint, and navigate the disciplinary process.
Frequently Asked Questions
What constitutes attorney misconduct? Attorney misconduct includes violations of the Pennsylvania Rules of Professional Conduct, such as neglect, misrepresentation, and conflicts of interest. This can also include criminal conduct or failure to communicate with clients.
How long do I have to file a complaint? While there's no strict statute of limitations, unreasonable delays can hinder the investigation, so file as soon as possible.
Is my complaint confidential? Complaints are generally confidential during the investigation, becoming public only if formal charges are filed.
What happens after I file a complaint? The Office of Disciplinary Counsel reviews the complaint and may conduct an investigation, potentially leading to dismissal or disciplinary action.
Can I get my money back if my attorney acted unethically? Disciplinary action doesn't guarantee financial recovery; you may need to pursue a separate legal action for damages.
Conclusion
Filing a complaint against an attorney in Pennsylvania is a serious matter that should be undertaken with careful consideration. By understanding the grounds for a complaint, the filing process, and the potential outcomes, you can effectively address concerns about attorney misconduct and contribute to maintaining the integrity of the legal profession. Remember to document everything and seek legal advice if needed.