How Long Does It Take to File a Complaint Against an Attorney and What Are the Possible Consequences?
Feeling wronged by an attorney is a serious matter, whether it pertains to a legal dispute or professional misconduct. The process of filing a complaint against an attorney can be relatively straightforward and is designed to ensure the protection of both the public and legal practitioners. This article aims to clarify how long it typically takes to file a complaint with the state bar, the consequences for the attorney, and the reasons such complaints are filed.
How Long Does It Take to File a Complaint?
The time it takes to file a complaint with the state bar can vary. The process begins by filling out the appropriate complaint form, which can usually be completed in just a few minutes. You can typically submit the form in either paper or online format, depending on the jurisdiction's requirements.
While the initial submission process may be quick, the actual timeline from filing to resolution can depend on several factors. After you file a complaint, the state bar may contact a disciplinary counselor or an investigator to conduct an evaluation. If the complaint appears to have merit, the attorney may be contacted for further investigation and response.
Investigation and Outcomes
Once a complaint is filed, the state bar typically has procedures in place to investigate the allegation. The investigation is thorough and can take anywhere from several months to over a year, depending on the complexity of the case. During this period, both sides may provide evidence and statements to support their claims.
The consequences for the attorney can range from no action at all to severe sanctions such as suspension or disbarment. The specific outcome depends on the findings of the investigation. Here are some common reasons why complaints are filed and the resulting consequences:
Reasons for Filing a Complaint
1. Professional Misconduct: This can include fraudulent conduct, dishonesty, and gross incompetence. For example, an attorney might mishandle legal fees, fail to provide adequate representation, or engage in unethical behavior such as making unauthorized contacts with the opposing party.
2. Financial Mis-management: Misappropriation of funds, failure to manage client money properly, and embezzlement are all serious allegations that can lead to significant consequences, including suspension or disbarment.
3. Drug and Alcohol Abuse: The legal profession is highly demanding, and many attorneys struggle with substance abuse issues. This can lead to a range of problems, from impaired judgment to neglect of legal responsibilities.
4. Unpaid Annual Dues and Continuing Education: Failure to pay annual bar dues or complete continuing education requirements can result in suspension of the attorney's license.
5. Behavioral Issues: In some cases, attorneys may face sanctions for behavior that is deemed unprofessional, even if it doesn't involve direct client harm. For example, breaking into a former client's home after an argument is a serious matter, as demonstrated by a recent case in Pennsylvania.
Possible Consequences for Attorneys
1. No Action: If the investigation finds no evidence of misconduct, no action will be taken. This is the most common outcome. However, if the complaint is deemed to have merit, further action will be initiated.
2. Private Reprimand: The state bar may issue a private reprimand, which is a formal warning to the attorney that they have violated professional standards. This can help prevent future misconduct.
3. Public Reprimand: In cases where the misconduct is more severe, a public reprimand may be issued. This is a formal warning made public, which can damage the attorney's reputation and impair their ability to practice.
4. Suspension: More serious offenses may result in a temporary or indefinite suspension of the attorney's license to practice law. This can have significant financial and professional implications for the attorney.
5. Disbarment: If the attorney's actions are deemed to be particularly egregious, they may face disbarment, which permanently revokes their license to practice law.
6. Criminal Charges: In some cases, the misconduct may be serious enough to warrant criminal charges, which can result in fines, probation, or imprisonment.
Conclusion
Filing a complaint against an attorney is a significant step that should not be taken lightly. The process can be lengthy, and the outcomes can be varied and substantial. Understanding the reasons for filing a complaint and the potential consequences can help you make an informed decision about whether to pursue this course of action. It is always advisable to consult with a legal professional to guide you through the process and provide you with the necessary assistance and advice.