How To File A Complaint Against An Attorney In Texas

Dealing with a lawyer can be a complex experience. While most attorneys uphold high ethical standards, situations can arise where you believe an attorney has acted unprofessionally or unethically. Filing a complaint against an attorney in Texas is a process designed to address these concerns and ensure accountability within the legal profession. This article provides a comprehensive guide to understanding the process, from identifying grounds for a complaint to navigating the formal procedures.

The ability to file a complaint against an attorney protects the public and maintains the integrity of the legal system. Understanding your rights and the process involved is crucial if you believe an attorney has violated ethical rules or professional standards. This guide will equip you with the necessary information to navigate this process effectively.

Detailed Explanations

Grounds for a Complaint

An attorney's actions must fall within the Texas Disciplinary Rules of Professional Conduct to be considered a basis for a complaint. These rules cover a wide range of conduct, including:

• Neglect: Failing to diligently represent a client, missing deadlines, or not adequately communicating with the client.
• Misrepresentation: Making false statements to a court, client, or other party.
• Conflict of Interest: Representing a client when the attorney's interests or the interests of another client could compromise their ability to provide impartial representation.
• Misuse of Client Funds: Improperly handling client money, commingling funds, or failing to account for client property.
• Breach of Confidentiality: Disclosing client information without consent, except in limited circumstances allowed by law.
• Overbilling or Unreasonable Fees: Charging excessive fees, failing to provide a clear fee agreement, or improperly billing for services.
• Criminal Conduct: Committing a crime that reflects poorly on the attorney's honesty, trustworthiness, or fitness as a lawyer.
• Failure to Communicate: Not keeping the client reasonably informed about the status of their case.

It's important to remember that simply disagreeing with an attorney's strategy or outcome is not grounds for a complaint. The focus is on whether the attorney violated ethical rules or professional standards.

Who Can File a Complaint?

Generally, anyone who believes they have been harmed by an attorney's misconduct can file a complaint. This includes:

• Clients: Individuals who have hired the attorney.
• Former Clients: Individuals who were previously represented by the attorney.
• Adverse Parties: Individuals who were on the opposing side of a legal matter involving the attorney.
• Members of the Public: Individuals who were not directly involved but witnessed or were affected by the attorney's misconduct.

The key requirement is that the person filing the complaint has a reasonable basis to believe that the attorney violated the Texas Disciplinary Rules of Professional Conduct.

Where to File a Complaint

In Texas, the primary agency responsible for investigating and prosecuting attorney misconduct is the State Bar of Texas - Office of the Chief Disciplinary Counsel (CDC). All complaints must be filed with this office. The CDC is responsible for investigating allegations of professional misconduct and, if warranted, prosecuting disciplinary actions against attorneys.

The address for the Office of the Chief Disciplinary Counsel is:

Office of the Chief Disciplinary Counsel State Bar of Texas P.O. Box 12487 Austin, TX 78711-2487

How to File a Complaint

Filing a complaint against an attorney in Texas involves several key steps:

1. Obtain the Complaint Form: You can download the official complaint form, formally known as the "Grievance Form," from the State Bar of Texas website or request a copy by mail from the Office of the Chief Disciplinary Counsel.
2. Complete the Form Accurately: Fill out all sections of the form completely and accurately. Provide specific details about the attorney's alleged misconduct, including dates, times, locations, and names of witnesses.
3. Attach Supporting Documents: Gather any documents that support your allegations, such as contracts, letters, emails, court filings, and witness statements. Make copies of these documents, as the State Bar will not return originals.
4. Write a Clear and Concise Statement: In addition to completing the form, write a clear and concise statement explaining the facts and circumstances surrounding your complaint. Be specific and avoid making emotional or inflammatory statements.
5. Sign and Date the Form: Make sure to sign and date the complaint form. An unsigned form will not be processed.
6. Submit the Complaint: Mail the completed form, supporting documents, and statement to the Office of the Chief Disciplinary Counsel at the address provided above. It is recommended to send the complaint by certified mail with return receipt requested to ensure proof of delivery.

Texas Complaint Form

The official complaint form, or Grievance Form, is a structured document designed to gather essential information about the alleged misconduct. It typically includes sections for:

• Complainant Information: Your name, address, phone number, and email address.
• Attorney Information: The attorney's name, law firm, and contact information.
• Description of Misconduct: A detailed explanation of the alleged misconduct, including dates, times, and specific actions.
• Supporting Documents: A list of any documents you are submitting to support your complaint.
• Signature and Date: Your signature and the date you are submitting the form.

Ensure you fill out the Grievance Form completely and accurately. Incomplete or inaccurate information can delay the processing of your complaint.

Time Limits for Filing a Complaint

Texas has a statute of limitations for filing a complaint against an attorney. Generally, you must file your complaint within four years from the date of the alleged misconduct or from the date you discovered the misconduct. However, there are some exceptions to this rule, such as when the attorney actively concealed the misconduct. It is crucial to file your complaint as soon as possible after discovering the alleged misconduct to avoid the statute of limitations expiring.

What Happens After Filing?

After you file a complaint, the Office of the Chief Disciplinary Counsel will review it to determine if it meets the minimum requirements for investigation. This initial review is called the "just cause determination."

• Just Cause Determination: If the CDC determines that your complaint alleges professional misconduct and is not frivolous or time-barred, it will proceed to the next stage of the process. If just cause is not found, the complaint will be dismissed.
• Investigation: If just cause is found, the CDC will conduct an investigation into your allegations. This may involve interviewing witnesses, reviewing documents, and gathering other evidence. The attorney will be notified of the complaint and given an opportunity to respond.
• Evidentiary Panel: After the investigation, the CDC will present the evidence to an Evidentiary Panel, which is a group of lawyers and non-lawyers. The Evidentiary Panel will determine whether there is sufficient evidence to proceed with disciplinary action against the attorney.
• Disciplinary Proceedings: If the Evidentiary Panel finds sufficient evidence, the CDC may file a disciplinary lawsuit against the attorney in district court or before an administrative law judge. The attorney will have the opportunity to defend themselves at a hearing or trial.

Possible Outcomes of the Disciplinary Process

If an attorney is found to have engaged in professional misconduct, the disciplinary process can result in various sanctions, including:

• Private Reprimand: A confidential letter of reprimand placed in the attorney's file.
• Public Reprimand: A public statement of censure issued by the State Bar.
• Suspension: A temporary suspension of the attorney's license to practice law.
• Disbarment: Permanent revocation of the attorney's license to practice law.
• Restitution: Requiring the attorney to reimburse the client for any financial losses caused by the misconduct.
• Continuing Legal Education: Requiring the attorney to complete additional training in ethics or other areas of law.

The severity of the sanction will depend on the nature and seriousness of the misconduct.

Confidentiality of the Process

The disciplinary process is generally confidential until a formal disciplinary action is filed in court or before an administrative law judge. This means that the State Bar will not disclose information about the complaint or investigation to the public. However, if a disciplinary action is filed, the proceedings become public record.

Seeking Legal Advice

Filing a complaint against an attorney can be a complex and emotionally charged process. It is often advisable to consult with your own attorney to discuss your options and protect your rights. An attorney can help you:

• Evaluate the Merits of Your Complaint: Determine whether the attorney's conduct constitutes a violation of the Texas Disciplinary Rules of Professional Conduct.
• Gather Evidence: Help you collect and organize the necessary evidence to support your complaint.
• Navigate the Disciplinary Process: Guide you through the procedures and requirements of the State Bar's disciplinary system.
• Protect Your Interests: Ensure that your rights are protected throughout the process.

While the State Bar cannot provide legal advice to complainants, an independent attorney can represent your interests and provide you with the guidance you need.

Resources and Support

Several resources and organizations can provide assistance and information about filing a complaint against an attorney in Texas:

• State Bar of Texas: The official website of the State Bar of Texas provides information about the disciplinary process, the Texas Disciplinary Rules of Professional Conduct, and other resources for the public.
• Office of the Chief Disciplinary Counsel: The Office of the Chief Disciplinary Counsel is the agency responsible for investigating and prosecuting attorney misconduct. You can contact them for information about the complaint process.
• Local Bar Associations: Many local bar associations offer assistance to the public, including lawyer referral services and information about legal rights.
• Legal Aid Organizations: Legal aid organizations provide free or low-cost legal services to eligible individuals. They may be able to assist you with evaluating your complaint and navigating the disciplinary process.

Frequently Asked Questions

What is the first step in filing a complaint against an attorney? The first step is to obtain the official complaint form (Grievance Form) from the State Bar of Texas website and carefully review it.

How long do I have to file a complaint against an attorney? Generally, you have four years from the date of the alleged misconduct or the date you discovered it to file a complaint.

Will the State Bar investigate my complaint? The State Bar will review your complaint to determine if it meets the minimum requirements for investigation (just cause determination).

Is the disciplinary process confidential? The disciplinary process is generally confidential until a formal disciplinary action is filed in court or before an administrative law judge.

Can I get my money back if the attorney is found guilty of misconduct? The disciplinary process may result in restitution, requiring the attorney to reimburse you for any financial losses caused by the misconduct.

Should I hire an attorney to help me file a complaint? It is often advisable to consult with your own attorney to discuss your options and protect your rights throughout the process.

Conclusion

Filing a complaint against an attorney is a serious matter that requires careful consideration and adherence to specific procedures. By understanding the grounds for a complaint, the process involved, and the available resources, you can effectively navigate the disciplinary system and seek appropriate redress for attorney misconduct. Remember to gather all necessary documentation, adhere to deadlines, and consider seeking legal advice to protect your interests.