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.
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 _____________________________________________________
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.
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.
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.
When completing the complaint form, it is important to include comprehensive information. Here are some key items to provide:
Make sure to sign and date the form before submitting it.
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.
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.
Missing Documentation: Not including necessary documents, such as fee agreements or correspondence, can weaken your complaint. Attach all relevant papers to support your claims.
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.
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.
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.
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.
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.
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.
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.
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:
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 for Filling Out and Using the California Attorney Complaint Form: