How To File A Complaint Against An Attorney In Washington State

Filing a complaint against an attorney is a serious matter. It's a process designed to address instances where a lawyer's conduct falls short of the professional standards expected of them. Understanding the process, the grounds for complaint, and the potential outcomes is crucial for anyone considering taking this step. This article provides a comprehensive guide on how to file a complaint against an attorney in Washington State, ensuring you are well-informed and prepared.

Table: Filing a Complaint Against an Attorney in Washington State

Detailed Explanations

Grounds for Complaint:

An attorney's conduct must violate the Rules of Professional Conduct (RPC) to warrant a complaint. Common grounds include incompetence (failure to provide adequate legal services), neglect (failure to diligently pursue a client's case), conflicts of interest (representing clients with opposing interests), dishonesty (fraud, misrepresentation, or other unethical behavior), and fee disputes (unreasonable or improperly billed fees). Reviewing the RPC is crucial to understanding what constitutes misconduct.

Who Can File a Complaint?

Generally, anyone who has been negatively affected by an attorney's actions can file a complaint. This most commonly includes clients and former clients. In some cases, third parties who have suffered direct harm as a result of an attorney's misconduct may also be eligible to file a complaint. The WSBA ultimately determines whether a complainant has standing.

Complaint Process Overview:

The complaint process begins with filing a written complaint with the WSBA. The WSBA then reviews the complaint to determine if it warrants further investigation. If so, the WSBA will investigate the allegations, which may include gathering evidence, interviewing witnesses, and requesting documents. The investigation may lead to a dismissal, settlement, or formal disciplinary proceedings. If formal charges are filed, a hearing is held before a hearing officer or panel. The hearing officer or panel will make a recommendation to the Disciplinary Board. The Disciplinary Board will then issue a decision, which may be appealed to the Washington Supreme Court.

Filing the Complaint:

To file a complaint, you must obtain and complete the official complaint form from the WSBA website. The form requires you to provide detailed information about the attorney's conduct, the harm you suffered, and any supporting evidence. Be thorough and accurate in your description. Include copies of relevant documents, such as contracts, correspondence, and court filings. Submit the completed form and supporting documents to the WSBA Office of Disciplinary Counsel. It's important to be aware of any deadlines or statutes of limitations that may apply to your complaint.

Investigation Process:

The WSBA's investigation process is thorough and confidential. The WSBA will notify the attorney of the complaint and provide them with an opportunity to respond. The WSBA may interview witnesses, review documents, and conduct other investigations as necessary. The WSBA will then determine whether there is sufficient evidence to support the allegations of misconduct.

Confidentiality:

Attorney disciplinary proceedings are generally confidential until formal charges are filed. This means that the WSBA will not disclose information about the complaint to the public or to third parties. However, the WSBA may disclose information to the attorney who is the subject of the complaint. Once formal charges are filed, the proceedings become public record.

Possible Outcomes:

The disciplinary actions that can be taken against an attorney range in severity. They include:

• Admonition: A private reprimand.
• Reprimand: A public reprimand.
• Suspension: A temporary prohibition from practicing law.
• Disbarment: A permanent revocation of the attorney's license to practice law.

In addition to these disciplinary actions, the WSBA may also require the attorney to pay restitution to the client, attend continuing legal education, or undergo substance abuse treatment.

Statute of Limitations:

While there isn't a strict "statute of limitations" in the traditional sense, the WSBA generally won't investigate complaints filed more than six years after the misconduct occurred or more than two years after the complainant knew or should have known about it. However, the Bar can proceed if there's "good cause." This means it's important to file your complaint as soon as possible after you become aware of the attorney's misconduct.

Finding a New Attorney:

If you are dissatisfied with your current attorney, it's important to find a new one as soon as possible. The WSBA Lawyer Referral Service is a good resource for finding qualified attorneys in your area. You can also use online lawyer directories or ask for recommendations from friends, family, or other professionals.

Avoiding Future Problems:

To minimize the risk of future problems with attorneys, it's important to:

• Communicate clearly with your attorney.
• Obtain a written agreement outlining the scope of representation, fees, and other important terms.
• Keep your attorney informed of any changes in your case.
• Ask questions if you don't understand something.
• Keep copies of all important documents.

Alternative Dispute Resolution:

Before filing a formal complaint, consider alternative methods for resolving disputes with attorneys. Mediation and arbitration can be effective ways to reach a mutually agreeable resolution. The WSBA's Client Assistance Program can also provide assistance in resolving disputes.

Client Security Program:

The WSBA's Client Security Program may provide reimbursement for losses caused by attorney dishonesty. This program is designed to protect clients who have been victimized by unethical attorneys. To be eligible for reimbursement, you must meet certain requirements and file a timely application.

Frequently Asked Questions

What types of attorney behavior are grounds for a complaint? Attorney misconduct includes incompetence, neglect, conflicts of interest, dishonesty, and fee disputes that violate the Rules of Professional Conduct.

Who is eligible to file a complaint against an attorney? Generally, clients, former clients, and sometimes even third parties who have been negatively impacted by an attorney's actions can file a complaint.

How do I file a complaint against an attorney in Washington State? Obtain and complete the official complaint form from the WSBA website and submit it with supporting documentation to the WSBA Office of Disciplinary Counsel.

Is the complaint process confidential? Yes, the proceedings are generally confidential until formal charges are filed.

What are the possible outcomes of a disciplinary action against an attorney? Outcomes range from a private admonition to disbarment, including reprimands and suspensions.

Is there a time limit for filing a complaint? While not a strict statute of limitations, the WSBA generally won't investigate complaints filed more than six years after the misconduct occurred or more than two years after the complainant knew or should have known about it, unless good cause is shown.

What is the Client Security Program? The Client Security Program may provide reimbursement for losses caused by attorney dishonesty, subject to eligibility requirements.

Conclusion

Filing a complaint against an attorney is a serious undertaking that requires careful consideration and preparation. Understanding the grounds for complaint, the process involved, and the potential outcomes is essential. By following the steps outlined in this guide and utilizing the resources available through the Washington State Bar Association, you can navigate the complaint process effectively.