Reasons To File A Complaint Against An Attorney (Feb 2025)
Summary
- You can file a complaint against a lawyer offering sub-par services
- Lawyers can be disciplined by their state’s bar association
- You can sue a lawyer if their conduct resulted in losses
You trust your lawyer to protect your interests and sometimes even your freedom. As with any profession, though, lawyers can make mistakes, and attorney misconduct complaints aren’t as uncommon as people think. The number of lawyers in U.S. areas totals more than more than 1.3 million, it stands to reason that some won’t offer the best possible representation. What are your options if that happens?
In many cases, you can file a complaint. There are many reasons to file a complaint against an attorney, including potential incompetence. Whether you’ve been misrepresented by auto lawyers or you’ve been saddled with unreasonable delays by workers’ compensation attorneys, you can take action against them.
Take a closer look at what to do when an attorney is bad.
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Common Reasons to File a Complaint Against an Attorney
There are a number of examples of unethical attorney behavior that can impact your case. Some common ones include the following:
Lack of Communication
You have a right to know what’s happening with your case. The legal process can be slow and long, so receiving updates allows you to feel a bit less like you’re in limbo. It’s up to your lawyer, however, to keep you informed. If weeks go by without any communication, or if you try to reach out to them with no success, that’s often a red flag.
Not only do you not know what’s happening, but you might also even miss important deadlines that could impact the case’s outcome. If your attorney doesn’t return phone calls promptly or you have to keep chasing after them to get a straight answer, you may have the right to file a complaint.
Incompetence
Attorneys have to be competent. This means they should act with the same level of skill as another professional with similar training would act. Someone who doesn’t have sufficient experience or knowledge won’t be able to provide adequate legal representation. A trip and fall lawyer, for example, must know premises liability laws in your state to be able to effectively represent you in a personal injury case.
Incompetence could involve not filing paperwork on time, not gathering necessary evidence, and not following proper court procedures. These are serious issues that can negatively impact your legal outcome. Incompetence is one of the top reasons to sue an attorney.
Unreasonable Delays
Although legal processes are usually slow, some lawyers can make everything much slower. They may take weeks to return a phone call or answer an email, bringing the process to a grinding halt. This adds stress to an already tough situation and could result in missing deadlines like statutes of limitations.
Breach of Confidentiality
You may have heard of attorney-client privilege, which ensures that everything you tell your lawyer is confidential. This privilege exists so that clients can provide all of the facts to their attorney, allowing the latter to prepare the strongest possible case. Confidentiality continues even after the relationship with the client has ended.
If your lawyer revealed anything you shared with them without your consent, that’s typically unethical behavior for which they could be disciplined.
Conflict of Interest
Your lawyers can’t have a conflict of interest when they represent you. For example, in a dog bite lawsuit, your lawyer can’t represent both you and the person who owns the animal. Some conflicts of interest are less obvious, however, and can involve a lawyer having a business interest that puts them at odds with their client.
Opposing Counsel Harassment
There are also reasons to file a complaint against an opposing attorney. If they harass you using legal means or if they try to contact you after a case is over, you generally have the right to pursue action against them.
Process of Filing a Complaint Against a Lawyer
The first thing to do is to speak with your lawyer. Let them know what your concerns are and see how they respond. If they try to convince you that what they’ve done isn’t an issue or if they dismiss your worries, then consider filing an official complaint.
You can usually find information on how to file a complaint by visiting your state’s bar association website. Provide a written account of what your lawyer did and offer as many details as possible. For example, if a workers’ compensation lawyer didn’t file an appeal on time and you lost your chance to fight a denial, you’ll want to provide all of the pertinent dates.
It’s important to know exactly how long you have to file a complaint, since there can be time limitations with these proceedings, too. Once you file, the claim will be assessed.
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Possible Outcomes and Further Steps
If your complaint is valid, the lawyer could face disciplinary actions, including losing their license to practice law. However, if you suffered financial losses because of an attorney’s conduct, you may also have the chance to file a lawsuit against them and hold them liable for legal malpractice.
To win your lawsuit, you’ll have to demonstrate that your lawyer provided services that fell below the standard and that you sustained losses because of their conduct. When it comes to how to sue someone, especially a lawyer, it’s crucial to find a skilled attorney who can effectively advocate for your needs.
Find New Representation by Contacting ConsumerShield
If you’ve had a negative experience with an attorney, you have legal options. For example, you can file complaints with your state’s bar association, and you may also be able to file a lawsuit against your attorney to recover losses. You will need new representation to do so, however.
At ConsumerShield, we can connect you with some of the highest-rated attorneys in your state and educate you on your rights under the law. Contact us for legal advice and a lawyer referral today.
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Frequently Asked Questions
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Perhaps the most common complaint is excessive delays. Although the legal process is typically slow, lawyers who take too long to answer emails or return phone calls can make every step feel interminable. Often, these delays result in serious repercussions, including missing deadlines that put your case at risk.
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Yes. If they have harassed you through the legal process or if they contact you once the case is over, you can file a complaint against them.
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You can file a lawyer misrepresentation complaint with your state’s bar association. They can investigate the incident and take appropriate action. If the lawyer’s conduct resulted in financial losses, you can also file a lawsuit to hold them responsible.