Get California Attorney Complaint Form

Get California Attorney Complaint Form

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.

Structure

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.

California Attorney Complaint Preview

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

THE STATE BAR OF CALIFORNIA

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.

THE STATE BAR OF CALIFORNIA

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

No

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 _____________________________________________________

Document Data

Fact Name Details
Purpose of the Form The California Attorney Complaint Form is designed for individuals to report unethical conduct by attorneys licensed in California.
Filing Instructions Complaints must be mailed to the Office of the Chief Trial Counsel at 1149 South Hill Street, Los Angeles, California. Fax submissions are not accepted.
Required Information Complainants must provide personal contact details, the attorney's information, and a detailed account of the complaint, including any relevant documents.
Governing Laws The State Bar Act and the Rules of Professional Conduct govern the complaint process and the actions the State Bar can take regarding attorney misconduct.
Outcome Notification After reviewing the complaint, the State Bar will notify the complainant in writing about whether an investigation will be conducted.

How to Use California Attorney Complaint

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.

  1. Obtain the California Attorney Complaint Form from the State Bar of California's website or office.
  2. Fill in your contact information, including your name, address, email, and telephone numbers.
  3. Provide the attorney's contact information, including their full name, address, and phone number.
  4. If applicable, indicate whether you or a family member has previously complained about this attorney. If yes, provide details of the previous complaint.
  5. State whether you employed the attorney. If yes, include the date you hired them and the amount paid. If no, briefly explain your connection to the attorney.
  6. On a separate sheet, write a detailed statement outlining your complaint against the attorney. Stick to the facts and avoid opinions.
  7. If your complaint involves a lawsuit, provide additional information such as the court name, case title, case number, filing date, and your connection to the case.
  8. Indicate the size of the law firm involved in your complaint: Solo Practitioner, Small Law Firm (2-10 attorneys), Large Law Firm (11+ attorneys), Government Attorney, or Unknown.
  9. Sign and date the form and any additional sheets of paper.
  10. Make copies of all documents you are submitting, including the complaint form and supporting materials.
  11. Mail your completed form and documents to the Office of the Chief Trial Counsel at the address provided: 1149 South Hill Street, Los Angeles, California 90015-2299.

Key Facts about California Attorney Complaint

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.

Common mistakes

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.

Documents used along the form

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:

  • Fee Agreement: This document outlines the terms of payment between you and the attorney. It details what services were to be provided and the fees associated with those services.
  • Payment Records: Include copies of cancelled checks or receipts that demonstrate payments made to the attorney. This helps establish your financial relationship and any issues regarding fees.
  • Correspondence: Any written communication between you and the attorney should be included. This can help clarify the nature of your interactions and any agreements made.
  • Written Explanation: A detailed statement describing your complaint is essential. This should outline what the attorney did or failed to do that led to your dissatisfaction.
  • Court Documents: If your complaint involves a legal case, include any relevant court documents, such as filings or orders, to provide context about the case in question.
  • New Attorney Information: If you have hired a new attorney, provide their contact information. This can help the State Bar understand your current legal representation.

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.

Similar forms

  • Complaint Form for Medical Professionals: Similar to the California Attorney Complaint form, this document allows individuals to report grievances against medical practitioners. It requires detailed information about the complaint, including specifics about the medical treatment received and the professional involved.
  • Consumer Complaint Form: This form is used to file complaints against businesses or service providers. Like the attorney complaint form, it requests personal information and details about the nature of the complaint, including any relevant documentation.
  • Insurance Claim Dispute Form: When disputes arise with insurance companies, this form helps policyholders articulate their grievances. It parallels the attorney complaint form in that it seeks detailed information about the policy, the nature of the dispute, and any supporting documents.
  • Landlord-Tenant Complaint Form: Tenants can use this form to report issues with their landlords. It shares similarities with the attorney complaint form by requiring specifics about the lease agreement, the nature of the complaint, and any relevant correspondence.
  • School Complaint Form: Parents or students can file complaints regarding school policies or staff behavior using this form. It is similar in structure, asking for detailed accounts of the issue, the individuals involved, and any supporting documents.
  • Financial Institution Complaint Form: This form allows consumers to report issues with banks or financial services. It mirrors the attorney complaint form by requesting detailed information about the account, the nature of the complaint, and any documentation that supports the claim.

Dos and Don'ts

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:

  • Do fill out all sections of the form completely.
  • Do provide your contact information, including your name, address, and phone numbers.
  • Do include specific details about the attorney you are complaining about, such as their name and address.
  • Do attach copies of any relevant documents, like fee agreements or correspondence.
  • Don't send original documents; only send copies.
  • Don't leave any blank spaces on the form; if something doesn't apply, write "N/A."
  • Don't forget to sign and date the form before mailing it.
  • Don't include personal opinions or arguments in your explanation; stick to the facts.

Misconceptions

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:

  • The State Bar can provide legal advice. Many people believe that the State Bar can offer guidance on legal matters related to their complaint. However, the State Bar cannot give legal advice or represent you in any legal action.
  • Filing a complaint guarantees a refund. Some individuals think that by filing a complaint, they will automatically receive a refund of attorney fees. This is not true. The State Bar does not reimburse fees simply because a client is dissatisfied with the attorney's services.
  • All complaints lead to disciplinary action. There is a misconception that every complaint filed will result in disciplinary measures against the attorney. The State Bar reviews each complaint to determine if there is sufficient evidence for investigation and potential prosecution.
  • The State Bar can help with fee disputes. Many believe that the State Bar can resolve disputes regarding attorney fees. In reality, the State Bar does not handle fee disputes, but clients can seek resolution through fee arbitration programs.
  • You must be a former client to file a complaint. Some think that only former clients can file a complaint against an attorney. However, anyone with relevant information about an attorney's conduct can submit a complaint.
  • Complaints must be filed in person. There is a belief that complaints need to be submitted in person at the State Bar's office. In fact, complaints can be mailed, and it is recommended to send copies of documents rather than originals.
  • The State Bar can resolve personal grievances. Some individuals expect the State Bar to mediate personal grievances with their attorney. The State Bar only addresses violations of the State Bar Act or Rules of Professional Conduct, not personal disputes.

Understanding these misconceptions can help individuals navigate the complaint process more effectively and set realistic expectations regarding the outcome.

Key takeaways

Filing a complaint against an attorney in California requires careful attention to detail. Here are some key takeaways regarding the California Attorney Complaint Form:

  • Complete the Form Accurately: Fill out all sections of the California Attorney Complaint Form. Include your contact information and the attorney’s details. If a section does not apply, indicate "N/A."
  • Provide Supporting Documentation: Attach relevant documents that support your complaint. This includes fee agreements, correspondence, and any court documents related to your case.
  • Be Clear and Concise: On a separate sheet, clearly explain the nature of your complaint. Detail what the attorney did or failed to do, and provide the background of your case.
  • Understand the Limitations: The State Bar can only discipline attorneys for violations of the State Bar Act or Rules of Professional Conduct. They cannot provide legal advice or assist in personal disputes.