The California Attorney Complaint Form is a document designed for individuals to report unethical conduct by attorneys licensed in California. By filling out this form, you provide essential information that allows the State Bar of California to evaluate and process your complaint effectively. If you believe an attorney has acted unethically, consider filling out the form by clicking the button below.
The California Attorney Complaint Form is a crucial document for individuals seeking to report concerns regarding the conduct of attorneys licensed in California. This form is designed to gather essential information to evaluate and process complaints effectively. Complainants must provide their personal contact details, as well as specific information about the attorney in question, including their name, address, and phone number. It is important to outline the nature of the complaint clearly, detailing what the attorney did or did not do that warrants the complaint. Supporting documents, such as fee agreements, payment receipts, and correspondence, should accompany the form to substantiate the claims. Additionally, the form requires details about the legal case involved, including the case title and number, and the court in which it was filed. Complainants are also asked to indicate the size of the law firm related to their complaint. Completing the form accurately and submitting it to the Office of the Chief Trial Counsel is vital for initiating the review process, which determines whether further investigation or action is warranted.
THE STATE BAR OF CALIFORNIA
OFFICE OF THE CHIEF TRIAL COUNSEL
INTAKE
1149 SOUTH HILL STREET LOS ANGELES, CALIFORNIA 90015-2299
TELEPHONE: (213) 765-1000
FAX: (213) 765-1168
http://www.calbar.ca.gov
Dear Complaining Witness,
In order to help us evaluate and process your complaint, please complete the attached California Attorney Complaint Form and provide as many of the following items as possible:
·A copy of any written fee agreement with the attorney. If there was no written agreement, please explain your understanding regarding payment to your attorney (for fees, costs, etc.)
·Copies of the front and back sides of all cancelled checks and/or copies of receipts showing payments made by you to the attorney.
·Copies of all correspondence between you and the attorney.
·A written explanation of the exact nature of your complaint. Explain what the attorney did or did not do that forms the basis of your complaint.
·The last date you were in contact with the attorney and what occurred at that time.
·The title of the case, the case number and the name of the court. (For example: Smith v. Jones, Case No. 1234, Los Angeles County Superior Court.)
·Copies of any pertinent court documents in your possession.
·If you have hired a new attorney, please provide his or her name, address and telephone number.
·Your daytime telephone number.
·The number of attorneys in the law firm involved in your complaint. 1 for
Solo Practitioner, 2-10 for a Small Law Firm and 11+ for a Large Law Firm. If you don’t know, state “Unknown.”
When providing documents to the State Bar, please send copies only. All documents received, whether originals or copies, become the property of the State Bar and are subject to future destruction.
The State Bar will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. Thank you for your cooperation.
THE STATE BAR OF CALIFORNIA OFFICE OF THE CHIEF TRIAL COUNSEL
Instructions for Filing a Complaint Against a California Attorney
Fill out all spaces on the California Attorney Complaint Form completely. Provide your name, address, zip code and telephone numbers (work and home).
Please mail, do not fax, your complaint form to the Office of the Chief Trial Counsel/Intake, State Bar of California, 1149 South Hill Street, Los Angeles, California 90015-2299.
Be sure to give the full and complete name of the attorney you are complaining about. Also, provide his address and telephone number. If you wish to complain about more than one attorney, use a separate form for each attorney. If any of the blank spaces do not apply to your case, write N/A (Not Applicable). Be sure to date and sign the form.
Please note #7 on the form and answer if known. If you do not know, state “Unknown.”
On a separate sheet of paper, tell us about your complaint against the attorney. We also need to know the background of your case:
·What type of case is it?
·When did you hire the attorney?
·How did you choose the attorney?
·When did you meet the attorney?
·What was your agreement?
·Was the agreement verbal or in writing?
·Other pertinent information?
·Tell us in your own words what has happened so far in this case.
Some Things You Should Know
The Office of the Chief Trial Counsel (OCTC) reviews complaints of unethical conduct by attorneys licensed to practice in California. Should OCTC prosecute allegations contained in your complaint, you may be required to testify before the State Bar Court in order to prove charges against the attorney(s) involved. Below is a list of what the State Bar can and cannot do when it considers a complaint against an attorney:
·The State Bar can discipline or recommend that an attorney be disciplined only for a violation of the State Bar Act or the Rules of Professional Conduct.
·The State Bar cannot advise or otherwise help you in any matters connected with
your complaint or in any other dispute in which you may be involved. For example, it cannot decide whether an attorney’s particular fee is reasonable. Attorney fees are not reimbursable simply because you are dissatisfied with the services of your attorney or because the work was not completed. Some local
Bar Associations have a Fee Arbitration Committee. The State Bar’s Fee Arbitration program is available should your local bar association not provide fee arbitration. Attorneys are required to participate in fee arbitration initiated by their clients, and fee arbitration is an informal, confidential and lower cost forum for resolving fee disputes between lawyers and their clients.
·The State Bar cannot give you the name of a particular attorney to help you. If
you do not have an attorney and wish to hire one, contact a Lawyer Referral Service in your area. The State Bar pamphlet “How Can I Find & Hire the Right Lawyer” is available on the State Bar’s Web site, www.calbar.ca.gov (go to
Consumer Pamphlets).
·The law limits the authority of the State Bar. It cannot act as your lawyer. For example, it cannot give you legal advice, or perform any other legal services for you (such as pursuing damages or other legal action against the attorney(s) involved in your complaint). You may have legal remedies available to you but the State Bar cannot advise you what your rights are in a given situation or what you should do. The State Bar is not a court that can provide civil remedies to you.
·If the State Bar files charges in the State Bar Court and obtains an order of discipline, additional remedies such as restitution also may be ordered. In addition, the State Bar has a Client Security Fund (CSF), which reimburses specific monetary loss. Reimbursement covers the loss of money or property resulting from lawyer dishonesty (but not simply because the lawyer acted incompetently, committed malpractice or failed to take certain actions). To qualify for CSF reimbursement, you must be able to show that the money or property actually came into the lawyer's possession and that the loss was caused by the lawyer's dishonest conduct. For example, the types of dishonest conduct that may lead to reimbursement from CSF are theft or embezzlement, failure to refund advanced attorney fees where the lawyer performed no services, the borrowing of money from a client without intention to repay the money, obtaining money or property from a client by representing that it would be used for investment purposes when no investment is made, and an act of intentional
dishonesty or deceit that directly leads to the loss of money or property that actually came into the lawyer’s possession. CSF cannot process applications for reimbursement until final discipline has been ordered against the attorney by the California Supreme Court.
CALIFORNIA ATTORNEY COMPLAINT FORM
Read instructions before filling in this form.
Date:
(1)Your contact information: Your name:
Your address:
Your city, state & zip code: Your email address:
Your telephone numbers:
Home
Work
Cell
(2)Attorney’s contact information: Please provide the name, address and telephone
number of the attorney(s) you are complaining about. (NOTE: If you are complaining about more than one attorney, include the information requested in items #2 through #7 for each attorney. Use separate sheets if necessary.
Attorney’s name:
Attorney’s address:
Attorney’s city, state & zip code:
Attorney’s telephone number:
(3)Have you or a member of your family complained about this attorney(s) previously?
Yes
No
If “Yes”, please state to whom the previous complaint was made, approximate date of complaint and disposition.
(4) Did you employ the attorney? Yes
If “Yes,” give the approximate date you employed the attorney(s) and the amount, if any, paid to the attorney(s).
Date employed:
Amount paid (if any): $
If “No,” what is your connection with the attorney(s)? Explain briefly.
(5)Include with this form (on a separate piece of paper) a statement of what the attorney(s) did or did not do which is the basis of your complaint. Please state the facts as you understand them. Do not include opinions or arguments. If you employed the attorney(s), state what you employed the attorney(s) to do. Sign and date each separate piece of paper. Additional information may be requested. (Attach copies of pertinent documents such as a copy of the fee agreement, cancelled checks or receipts and relevant correspondence.)
(6)If your complaint is about a lawsuit, answer the following, if known:
a.Name of court (For example, Superior or Municipal Court, and name of the county)
b.Title of the suit (For example, Smith v. Jones)
c.Case number of the suit
d. Approximate date the suit was filed
e. If you are not a party to this suit, what is your connection with it? Explain briefly.
(7)Size of law firm complained about:
1 Attorney
2 – 10 Attorneys
11 + Attorneys
Government Attorney
Unknown
Mail to:
Office of the Chief Trial Counsel/Intake
The State Bar of California
1149 South Hill Street
Los Angeles, California 90015-2299
Signature _____________________________________________________
After completing the California Attorney Complaint Form, you will need to send it to the Office of the Chief Trial Counsel. Ensure you include all required documents to support your complaint. The State Bar will review your submission and notify you of their decision.
What is the California Attorney Complaint Form?
The California Attorney Complaint Form is a document you can use to report an attorney's unethical conduct. It is submitted to the Office of the Chief Trial Counsel of the State Bar of California. This form helps the State Bar evaluate your complaint and decide if an investigation is warranted.
How do I fill out the California Attorney Complaint Form?
To fill out the form, provide your contact information, the attorney's details, and a clear description of your complaint. Include any relevant documents, such as fee agreements or correspondence. Make sure to date and sign the form before sending it to the specified address.
What documents should I include with my complaint?
It's helpful to include a copy of any written fee agreements, canceled checks, receipts, and any correspondence between you and the attorney. You should also provide a detailed explanation of your complaint, including the case title, case number, and the last date you were in contact with the attorney.
What happens after I submit my complaint?
Once your complaint is received, the State Bar will review it to determine if further investigation is necessary. You will receive written notification of their decision regarding your complaint.
Can the State Bar help me with my legal issues?
No, the State Bar cannot provide legal advice or assist you with your legal matters. They can only investigate complaints related to unethical conduct by attorneys. If you need legal assistance, consider contacting a local lawyer referral service.
What types of complaints can the State Bar address?
The State Bar can discipline attorneys for violations of the State Bar Act or the Rules of Professional Conduct. However, they cannot address issues related to dissatisfaction with services or fees unless they involve unethical behavior.
What is the Client Security Fund (CSF)?
The CSF is a fund that reimburses clients for specific monetary losses caused by an attorney's dishonest conduct, such as theft or embezzlement. To qualify for reimbursement, you must show that the loss was directly related to the attorney's dishonest actions.
Can I complain about more than one attorney at the same time?
If you wish to complain about multiple attorneys, you must use a separate complaint form for each attorney. Each form should include the relevant details and documentation for that specific attorney.
What should I do if I don’t know some information requested on the form?
If you are unsure about certain information, such as the size of the law firm, you can write "Unknown" in the appropriate section. It’s important to provide as much information as you can to assist the State Bar in processing your complaint.
Filling out the California Attorney Complaint form can be a daunting task. Many individuals make common mistakes that can hinder the processing of their complaints. Understanding these pitfalls can help ensure that your submission is complete and effective.
One frequent mistake is not providing complete contact information. It's essential to include your full name, address, and phone numbers. Incomplete information can lead to delays in communication and may even result in your complaint being dismissed. Ensuring that every section is filled out accurately is crucial for a smooth process.
Another common error involves failing to attach necessary documentation. The form requests copies of relevant documents such as fee agreements, receipts, and correspondence with the attorney. Omitting these can weaken your case and may lead to additional requests for information, prolonging the review process.
People often neglect to clearly explain the nature of their complaint. A vague description can leave the reviewing body unsure of the specifics. Providing a detailed account of what transpired and how it affected you is vital. Focus on facts rather than opinions to create a clearer picture of the situation.
Additionally, some individuals mistakenly forget to sign and date the form. This oversight can render your complaint invalid. A signature is a necessary confirmation that the information provided is accurate and that you stand by your claims.
Another mistake is not specifying the size of the law firm involved in the complaint. This detail helps the State Bar understand the context of your complaint. If you’re unsure, it’s better to state “Unknown” than to leave it blank.
Many people also fail to indicate if they have previously complained about the attorney. This information is important for the State Bar to assess the attorney's history. If you have made past complaints, be sure to include the details, as this could influence the handling of your current complaint.
Finally, some individuals do not follow the submission instructions correctly. The form specifically states to mail the complaint rather than fax it. Adhering to these guidelines is essential for ensuring that your complaint is received and processed in a timely manner.
By avoiding these common mistakes, you can enhance the likelihood that your complaint will be taken seriously and addressed promptly. Attention to detail is key when navigating this process.
When filing a complaint against an attorney in California, several other forms and documents may accompany the California Attorney Complaint form. These additional documents help provide context and support for your complaint. Here’s a list of commonly used documents:
Gathering these documents will strengthen your complaint and ensure that the State Bar has all the necessary information to evaluate your case effectively. Being thorough and organized can make a significant difference in the outcome of your complaint.
When filling out the California Attorney Complaint form, it's essential to approach the task thoughtfully. Here’s a list of things you should and shouldn't do:
Misconceptions can often lead to confusion when it comes to filing a complaint against an attorney in California. Here are seven common misconceptions regarding the California Attorney Complaint form:
Understanding these misconceptions can help individuals navigate the complaint process more effectively and set realistic expectations regarding the outcome.
Filing a complaint against an attorney in California requires careful attention to detail. Here are some key takeaways regarding the California Attorney Complaint Form: