Blank California Attorney Complaint PDF Form

Blank California Attorney Complaint PDF Form

The California Attorney Complaint Form is a document used to report unethical behavior by attorneys licensed in California. This form helps the State Bar of California evaluate and process complaints against attorneys. If you believe an attorney has acted improperly, consider filling out this form by clicking the button below.

When you feel that an attorney has acted unethically or failed to meet their professional obligations, filing a complaint can be a crucial step toward seeking justice. The California Attorney Complaint form is designed to facilitate this process, guiding you through the necessary steps to present your concerns to the State Bar of California. This form requires detailed information, including your contact information, the attorney's details, and a comprehensive account of your complaint. You will need to include any relevant documents, such as fee agreements, correspondence, and payment records, to support your case. The form also prompts you to specify the nature of the attorney's conduct, the timeline of your interactions, and any legal proceedings involved. Understanding what the State Bar can and cannot do is vital, as they focus on ethical violations rather than personal grievances or fee disputes. By completing this form accurately and thoroughly, you can help ensure that your complaint is reviewed effectively, paving the way for potential disciplinary action against the attorney in question.

Document Sample

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 _____________________________________________________

File Specifics

Fact Name Description
Governing Body The California Attorney Complaint Form is governed by the State Bar of California.
Submission Method Complaints must be mailed to the Office of the Chief Trial Counsel in Los Angeles.
Contact Information Complainants must provide their name, address, and phone numbers on the form.
Attorney Details Complainants must include the full name and contact information of the attorney being complained about.
Document Submission Only copies of documents should be submitted, as originals will not be returned.
Complaint Basis A written explanation of the complaint's nature is required, detailing what the attorney did or did not do.
Prior Complaints Complainants must disclose if they or a family member have previously complained about the same attorney.
Law Firm Size Complainants must indicate the size of the law firm involved: Solo, Small (2-10), or Large (11+).
Legal Remedies The State Bar cannot provide legal advice or act as a lawyer for the complainant.

How to Use California Attorney Complaint

Completing the California Attorney Complaint form is an important step in addressing concerns about an attorney's conduct. After filling out the form, you will need to send it to the appropriate office for review. The following steps will guide you through the process of completing the form accurately and thoroughly.

  1. Begin by entering the date at the top of the form.
  2. Fill in your contact information, including your name, address, city, state, zip code, email address, and telephone numbers (home, work, and cell).
  3. Provide the attorney’s contact information. Include their full name, address, city, state, zip code, and telephone number. If you are complaining about more than one attorney, use a separate form for each.
  4. Indicate whether you or a family member has previously complained about this attorney. If yes, provide details about the previous complaint, including to whom it was made, the approximate date, and the outcome.
  5. State whether you employed the attorney. If yes, provide the date you hired them and the amount you paid. If no, briefly explain your connection to the attorney.
  6. On a separate piece of paper, write a detailed statement about what the attorney did or did not do that led to your complaint. Stick to the facts and avoid opinions. If you hired the attorney, clarify what services you expected from them. Remember to sign and date this additional paper.
  7. If your complaint involves a lawsuit, answer the relevant questions regarding the court name, title of the suit, case number, date the suit was filed, and your connection to the suit, if you are not a party to it.
  8. Indicate the size of the law firm involved in your complaint by selecting one of the options provided: 1 Attorney, 2-10 Attorneys, 11+ Attorneys, Government Attorney, or Unknown.
  9. Finally, ensure you sign the form to validate your complaint.

After completing the form, make copies of all documents you are submitting, as originals will not be returned. Mail the completed form and any additional documents to the Office of the Chief Trial Counsel/Intake at the address provided. Your complaint will be reviewed, and you will receive a written notification regarding the next steps.

Your Questions, Answered

What is the purpose of the California Attorney Complaint Form?

The California Attorney Complaint Form is designed to help individuals formally report complaints against attorneys licensed to practice in California. By filling out this form, you provide the State Bar of California with the necessary information to evaluate and process your complaint. This includes details about the attorney's conduct, any agreements you had, and relevant documents that support your claims.

What information should I include when filing a complaint?

When completing the complaint form, it is important to include comprehensive information. Here are some key items to provide:

  • Your contact information, including name, address, and telephone numbers.
  • The attorney's full name, address, and contact number.
  • A detailed explanation of your complaint, including what the attorney did or did not do.
  • Copies of relevant documents, such as fee agreements, cancelled checks, and correspondence.
  • Details about the case, including the title, case number, and court name if applicable.

Make sure to sign and date the form before submitting it.

How will my complaint be handled by the State Bar?

Once you submit your complaint, the Office of the Chief Trial Counsel (OCTC) will review it to determine if further investigation is warranted. You will receive a written notification regarding their decision. If the OCTC decides to pursue the complaint, you may be required to testify in the State Bar Court. It is important to note that the State Bar can only discipline attorneys for violations of the State Bar Act or the Rules of Professional Conduct.

The State Bar cannot assist you in recovering attorney fees or provide legal advice. If you are dissatisfied with the services provided by your attorney, you may want to explore fee arbitration options. This process allows for a resolution of disputes regarding attorney fees in a confidential and informal setting. Additionally, if you believe you have suffered a loss due to an attorney's dishonest conduct, you may be eligible for reimbursement through the Client Security Fund, but specific criteria must be met.

Common mistakes

  1. Incomplete Information: Failing to fill out all required fields can lead to delays in processing. Ensure that your name, contact details, and the attorney's information are complete.

  2. Missing Documentation: Not including necessary documents, such as fee agreements or correspondence, can weaken your complaint. Attach all relevant papers to support your claims.

  3. Not Providing a Clear Explanation: A vague description of your complaint may hinder the investigation. Clearly outline what the attorney did or did not do that led to your complaint.

  4. Incorrect Attorney Details: Providing inaccurate information about the attorney, such as their name or address, can complicate the process. Double-check these details before submission.

  5. Failing to Sign and Date: Neglecting to sign and date the form can result in your complaint being rejected. Always ensure that you complete this final step.

Documents used along the form

When filing a complaint against an attorney in California, it is often helpful to accompany the California Attorney Complaint Form with additional documentation. These documents provide context and support for your complaint, helping the State Bar to evaluate your case more effectively. Below is a list of forms and documents that are commonly used alongside the complaint form.

  • Written Fee Agreement: This document outlines the terms of payment between you and the attorney. It can clarify what services were agreed upon and the expected fees.
  • Cancelled Checks or Receipts: Providing copies of checks or receipts can serve as proof of payments made to the attorney. This helps establish the financial relationship and any disputes regarding fees.
  • Correspondence: Any written communication between you and the attorney can be crucial. This includes emails, letters, or messages that document your interactions and the attorney's responses.
  • Case Documentation: If your complaint involves a specific legal case, including court documents such as pleadings or judgments can provide important context. These documents help illustrate the attorney's actions or inactions related to your case.
  • Statement of Complaint: A detailed explanation of your complaint should accompany the form. This narrative should outline what occurred, the nature of the attorney's conduct, and why you believe it was unethical.
  • New Attorney Information: If you have since hired a new attorney, providing their contact information can be helpful. This allows the State Bar to gather further insights if necessary.

Including these documents with your California Attorney Complaint Form can strengthen your case and facilitate a thorough review by the State Bar. Always remember to keep copies of everything you submit, as the originals will not be returned.

Similar forms

The California Attorney Complaint form is similar to the complaint form used in small claims court. Both documents serve the purpose of allowing individuals to formally present grievances. In small claims court, a plaintiff submits a claim to seek monetary damages, while the California Attorney Complaint form is used to address concerns regarding an attorney's professional conduct. Both forms require detailed information about the parties involved, including names and contact information, as well as a clear description of the issue at hand. This ensures that the reviewing body has all necessary details to evaluate the complaint effectively.

Another document that shares similarities with the California Attorney Complaint form is the grievance form utilized by the Better Business Bureau (BBB). Like the attorney complaint process, the BBB grievance form allows consumers to report issues related to businesses, including legal services. Both documents require the complainant to provide their contact information and a description of the problem. The goal is to facilitate resolution and accountability, whether it be through mediation or further investigation by the respective authority.

The complaint form used by the Equal Employment Opportunity Commission (EEOC) is also comparable. Individuals who believe they have experienced workplace discrimination can file a complaint with the EEOC, similar to how a complaint against an attorney is submitted to the State Bar. Both forms require the complainant to provide personal information and a detailed account of the alleged misconduct. This structured approach helps ensure that the complaints are taken seriously and addressed appropriately by the relevant agencies.

Lastly, the consumer complaint form used by state attorney general offices mirrors the California Attorney Complaint form in its intent and structure. Consumers can report fraudulent or unethical practices by businesses, including law firms, through these forms. Both require the submission of personal details, a description of the complaint, and any supporting documentation. This process is essential for protecting consumer rights and maintaining professional standards within various industries, including legal services.

Dos and Don'ts

When filling out the California Attorney Complaint form, there are important dos and don’ts to keep in mind. Following these guidelines will help ensure that your complaint is processed smoothly.

  • Do fill out all sections of the form completely. This includes your contact information and the attorney’s details.
  • Do provide copies of relevant documents, such as fee agreements, receipts, and correspondence. These will support your complaint.
  • Do be clear and concise in your written explanation of the complaint. Describe what happened and why you are unhappy with the attorney’s actions.
  • Do mail your completed form to the address provided. Avoid faxing it, as only mailed forms will be accepted.
  • Don’t include original documents. Only send copies, as the State Bar will not return any materials.
  • Don’t leave any sections blank. If something does not apply to your situation, write “N/A” to indicate that.
  • Don’t include personal opinions or arguments in your statement. Stick to the facts as you understand them.
  • Don’t forget to sign and date your complaint form. An unsigned form will not be processed.

Misconceptions

When it comes to filing a complaint against an attorney in California, there are several misconceptions that can lead to confusion. Here’s a list of common misunderstandings about the California Attorney Complaint form:

  • Filing a complaint guarantees immediate action. Many believe that submitting a complaint will result in swift disciplinary action against the attorney. In reality, the State Bar reviews complaints and determines if further investigation is warranted, which can take time.
  • All complaints are made public. Some think that their complaint will be publicly accessible. While the State Bar does have processes for transparency, specific details about complaints are generally kept confidential during the initial investigation.
  • The State Bar can provide legal advice. A common misconception is that the State Bar can offer legal guidance regarding personal disputes. However, the State Bar's role is to oversee attorney conduct, not to provide legal counsel.
  • Complaints can be filed anonymously. Many individuals assume they can file a complaint without revealing their identity. While you can express concerns, providing your contact information is essential for the investigation process.
  • Filing a complaint will resolve personal grievances. Some believe that the complaint process will help them recover lost fees or resolve personal disputes with their attorney. The State Bar does not handle financial disputes or malpractice claims.
  • Submitting the complaint form is the only step needed. Many people think that filling out the form is sufficient. However, it's important to include all relevant documentation and a clear explanation of the complaint to support your case effectively.
  • All attorneys will face consequences for complaints. There is a belief that every complaint leads to disciplinary action. In fact, the State Bar only disciplines attorneys for violations of specific laws or ethical standards, not simply because a client is dissatisfied.

Understanding these misconceptions can help individuals navigate the complaint process more effectively and set realistic expectations. Being informed is the first step toward ensuring that concerns about attorney conduct are addressed appropriately.

Key takeaways

Key Takeaways for Filling Out and Using the California Attorney Complaint Form:

  • Complete all sections of the California Attorney Complaint Form thoroughly, including your contact information and details about the attorney.
  • Provide documentation such as written fee agreements, cancelled checks, and correspondence to support your complaint.
  • Clearly explain the nature of your complaint, detailing what the attorney did or failed to do.
  • Include case-specific information, such as the title of the case, case number, and court name, if applicable.
  • Send copies of all documents; the State Bar will not return any originals.
  • Understand that the State Bar can only discipline attorneys for violations of the State Bar Act or the Rules of Professional Conduct.
  • The State Bar cannot provide legal advice or assist with personal disputes related to your complaint.
  • Consider the Client Security Fund (CSF) for potential reimbursement of losses caused by attorney dishonesty, but note that this requires proof of misconduct.