Subject: [NEXTEL-1] Have a Complaint About an Attorney?

From: [email-masked]
Date: Wed, 26 Nov 2003 16:57:43 -0500

Have a Complaint About an Attorney?

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Have a Complaint About an Attorney

Have a Complaint About an Attorney?

Every attorney admitted to the practice of law in the District
of Columbia is obligated to observe high standards of ethical conduct
and professional behavior. The Rules of Professional Conduct set
forth the specific rules that govern an attorney's actions. The
Office of Bar Counsel has been given jurisdiction by the District
of Columbia Court of Appeals to investigate and prosecute allegations
of ethical misconduct on the part of attorneys who are members of
the District of Columbia Bar.

The following are examples of behavior
by your attorney that the Office of Bar Counsel may investigate:

persistent delay or failure to answer your calls and letters

not accounting to you for money or property held on your
behalf or failure to return such money or property

not keeping confidences and secrets

acting in the same matter for you and other persons where
your interests are in conflict with theirs

taking advantage of your age or inexperience

dishonesty or deceit

failing to act to protect your rights

neglecting to pursue your case

behaving in a improper manner before a court

The jurisdiction of the Office of
Bar Counsel is limited; and therefore, there are many things that
the Office of Bar Counsel is unable to do. Some conduct on the part
of attorneys falls outside the parameters of the Rules of Professional
Conduct and Bar counsel is unable to investigate those activities.
The following are some examples of services which Bar counsel cannot
provide:

ordering your attorney to pay you compensation

giving you legal advice

ordering your attorney to return your papers or property
if you have not paid the fees that you owe

compeling an attorney to act for you

recommending any attorney or firm by name

telling your attorney how to proceed with your case

becoming involved in malpractice matters

collecting private debts

investigating complaints about judges, laypersons, or attorneys
who are not members of the District of Columbia Bar

How to File a Complaint

Download a version of the complaint
form from the list below.

English

Spanish

Chinese

Italian

Korean

Vietnamese

Complete and/or print the form.

Mail to:

Office of Bar Counsel

Board on Professional Responsibility

District of Columbia Court of Appeals

515 Fifth Street NW

Building A, Room 127

Washington, DC 20001

or, for incarcerated complainants:

Download a version of the incarcerated complaint
form form the list below.

English

Spanish

Chinese

Italian

Korean

Vietnamese

Complete and/or print the form.

Mail to:

Office of Bar Counsel

Board on Professional Responsibility

District of Columbia Court of Appeals

515 Fifth Street NW

Building A, Room 127

Washington, DC 20001

Alternatively, you may write your own statement in lieu of filing a complaint
form. To do so:

Write your own statement.

Your statement should include your name and address, your attorney's
name and address, and an explanation of the circumstances and details
of your complaint.

Mail completed written statement to:

Office of Bar Counsel

Board on Professional Responsibility

District of Columbia Court of Appeals

515 Fifth Street NW

Building A, Room 127

Washington, DC 20001

Alternatively, you may write your own statement in lieu of filing
a complaint form. To do so:

Write your own statement.

Your statement should include your name and address, your attorney's
name and address, and an explanation of the circumstances and
details of your complaint.

Mail completed written statement to:

Office of Bar Counsel

Board on Professional Responsibility

District of Columbia Court of Appeals

515 Fifth Street NW

Building A, Room 127

Washington, DC 20001

Supporting documents, such as copies of a retainer agreement, proof
of payment, correspondence between you and your attorney, the case
name and number if a specific case is involved, and copies of papers
filed in connection with the case, may be of assistance to our investigation.

Complaint forms are also available
by calling the Office of Bar Counsel at 202-638-1501. The Office
of Bar Counsel requires a written, signed complaint and does not
accept complaints by e-mail or fax.

What Happens to Your Complaint

When your complaint is received, it will be reviewed to determine:
whether the Office of Bar Counsel has jurisdiction to investigate
your allegations, whether the attorney is a member of the D.C. Bar,
and whether the complaint alleges conduct on the part of an attorney
which, if true, would violate the Rules of Professional Conduct.
If the answer to all of these questions is "yes," your complaint
will be docketed and assigned a number. A copy of your complaint
will be sent to your attorney, and the attorney will be required
to respond to your statements. Upon receipt of the attorney's response,
we will forward a copy of that response to you for your comments.

The case is then reviewed to determine
if there is enough information to make a decision regarding the
case. If additional information is needed, a staff attorney investigating
the case may request answers to specific questions, review the court
file, interview potential witnesses, undertake legal research, and/or
subpoena additional materials.

Upon completion of the investigation,
Bar counsel will determine whether there is evidence of a violation
of the Rules of Professional Conduct. Unless there is clear and
convincing evidence of ethical misconduct, the case will be dismissed.
If there is evidence of misconduct, Bar counsel may decide to issue
an informal admonition, or to petition the Board on Professional
Responsibility for a hearing on the case. An informal admonition
is a private form of discipline, and it functions as a warning to
the attorney. The attorney is advised that Bar counsel has determined
that a violation of the rules has occurred, but that it is not necessary
to institute formal disciplinary proceedings.

Petitioned cases are scheduled for
a hearing before a three-member hearing committee consisting of
two attorneys and one non-attorney. This is an adversarial hearing
in which Bar counsel acts as the prosecutor. Bar counsel does not
represent individual complainants in these hearings. As the complainant,
you may be called as a witness in support of Bar counsel's case.
Following the hearing, the committee will issue a report either
recommending dismissal of the charges or appropriate discipline.
Recommended discipline may include issuance of a reprimand, a public
censure, a suspension, or a disbarment.

The hearing committee's report and
recommendation is reviewed by the Board on Professional Responsibility.
There are nine members of the board, seven attorneys and two non-attorneys.
The board may dismiss the case, ratify an informal admonition, issue
a reprimand, or make a recommendation for censure, suspension, or
disbarment by the District of Columbia Court of Appeals. The District
of Columbia Court of Appeals must review the record and has final
authority to order the appropriate sanction.

Following this process, the Office
of Bar Counsel will inform you by letter concerning the final disposition
of your case.

A Final Notice

Filing a complaint against an attorney is a serious matter.
We hope that you will make your decision after careful consideration
and after all efforts to work out the problem with your attorney
have failed. The disciplinary system is designed to provide an orderly
and just way to deal with complaints against attorneys. We sincerely
hope that the problem that gave rise to your complaint will be resolved
in a manner you will find to be satisfactory.

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