Filing A Lawsuit Vs. Issuing A Disciplinary Complaint Against A Lawyer
If you feel like your lawyer is an incompetent lawyer, you may wish to take action against your lawyer. This could be through a legal malpractice claim, but another option that does not take as much time is to file a legal complaint.
The Downside of Filing a Legal Malpractice Claim
You may be able to receive compensation for damages you have suffered as a result of your incompetent lawyer, but the downside is that the process can be very difficult and time-consuming. You might need to spend a lot of money. Also, you will be going up against a lawyer.
If you do not want to file a legal malpractice claim but you would still like to hold your attorney accountable, a disciplinary complaint form is much simpler.
The Process for Filing a Complaint Against a Lawyer
Each state has its own organization responsible for handling complaints issued against lawyers. In many cases, a state relies on a state bar association to discipline the attorney. Once you have filed the complaint, at least one attorney will review the complaint to determine if there is any merit.
If the complaint does have merit, the board will then launch an investigation to determine whether the evidence supports the claim. The lawyer will sometimes be required to attend a hearing where they can defend their actions and answer any questions that the board has.
The Consequences of a Complaint
Depending on the results of the investigation, the board might take disciplinary action. For example, the board might choose to require that the attorney take classes. In extreme cases, the attorney might even have their law license taken away.
The advantage of this complaint is that you will be able to hold your attorney accountable and this will also place other lawyers on notice that unethical behavior will not be tolerated. However, if you are issuing a complaint because your attorney stole your money, you may also be able to receive compensation for the stolen money through a client security fund.
When a Crime Has Been Committed
Sometimes, the actions taken by a lawyer might rise to the level of a crime. If this is the case, the incident might be reported to a law enforcement agency. The disciplinary organization will not be responsible for carrying out the investigation. If the case goes to trial, you might be called upon as a witness.
For more information on lawyer disciplinary complaint forms, contact a professional near you.
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