OPTION # 4. REPORT HIM TO THE CALIFORNIA STATE BAR and other Agencies.

"HELLO  STATE BAR ?? I'D LIKE TO REPORT MY LAWYER"

 

Every human being is capable of error: house painters, schoolteachers, doctors and even lawyers. When those mistakes are made in the course of their professional work, however, there needs to be some accountability to the client and to the public at large.  A licensed attorney in California, is bound by the Rules Of Professional Conduct, and must adhere to follow such rules.

The California State Bar is sort of like the Police agency which licenses and punishes lawyers when they screw up. They serve as an arm of the California Supreme Court. This is done through their State Bar’s discipline system and through The Office of the Chief Trial Counsel who actually prosecutes attorney misconduct.

In their State Bar of California Long-Range Strategic Plan, GOALS dated Aug. 23, 2002, it promises to: 

    1.    Assure that the public is protected and served by attorneys and other legal services providers that meet the highest standards of competence and ethics.
    2.    To assure that the State Bar is recognized and respected as a contributing and accountable leader in improving the administration of justice and ensuring the rule of law in our civil society.

When a client believes or knows he has been harmed by his/her LOUSY, LAZY & ARROGANT lawyer’s unethical conduct, the California State Bar will like to hear about it.

To begin your complaint against your LOUSY, LAZY & ARROGANT lawyer, you must first fill out a COMPLAINT FORM which you can find at this link:

http://www.calbar.ca.gov/Portals/0/documents/Regulation/Complaint-Form_r.pdf

There are some tips to follow when you fill out the complaint form to insure all the information you want the Bar to notice is included. The section that receives all client complaints is called the “Intake Unit”. This section basically “reviews” your complaint and makes the determination IF an investigation is warranted.  In other words, this section sort of functions as the “Filter” to screen out complaints that do not indicate a potential violation of the Rules Of Professional Conduct

If your complaint passes that test, it is  then transferred to the “Investigations and Prosecution Unit” It is here that your LOUSY, LAZY & ARROGANT lawyer conduct will be much closely scrutinized. He/she will be sent a document called a “TR” letter. 

 

This document in it of itself should  scare the daylights out of your LOUSY, LAZY & ARROGANT lawyer. “TR” letter stands for “To Respondent” which means he is already considered a “respondent” in a Bar investigation. It is in this department that your LOUSY, LAZY & ARROGANT lawyer will be forced and made to answer why he lost or harmed you with his unethical conduct. 

 

To say the least. At this point of the complaint, your once LOUSY, LAZY & ARROGANT lawyer will suddenly become THE BEST AND MOST EFFICIENT, HARDEST WORKER, MOST ETHICAL  AND HUMBLEST of all Lawyers. 

 

It is at this point of the investigation that your LOUSY, LAZY & ARROGANT lawyer should hire an attorney to defend him against a Bar inquiry that could potentially yank his livelihood or his “ticket” to practice law. It could cost him anywhere between $15,000 to $25,000 depending on the severity of the violation.. 

DON'T YOU LOVE IT ?? making your LOUSY, LAZY & ARROGANT lawyer spend money to now protect him/herself because he/she screwed you up.

That’s why as a tip when you fill out your COMPLAINT FORM, USE A SEPARATE PIECE of paper and name it “ADDENDUM TO COMPLAINT FORM”  !!

 

In this addendum. You must write in detail the what, where, when and the how your LOUSY, LAZY & ARROGANT lawyer cheated you and/or lost your case. It is imperative to include dates, copies of documents, like your retainer agreement, copies of motions he lost, rulings etc. Also peruse the Rules Of Professional Conduct indicated above to see if your situation merits additional violations not previously envisioned by you. 

 

For example your LOUSY, LAZY & ARROGANT lawyer was incompetent when he failed to appear in court for you on a very important hearing. But when you asked for your client file, he refused to do give it. His refusal is an “additional” violation of the Rules Of Professional Conduct to his incompetence.  Citing these rules, will assist the Intake unit assess to a greater degree, how your LOUSY, LAZY & ARROGANT lawyer violated the law.

 You must also be patient. The California State Bar is flooded with complaints on a yearly basis. According to their April 30, 2011, report The number of complaints received by the Intake Unit for the year 2010 was 17,904. That means that in 2010, there was 17,904 clients just like you, who felt their LOUSY, LAZY & ARROGANT lawyer needed to be complained about.

In December 31, 2011's Discipline report,  The number of complaints received by the Intake Unit against LOUSY, LAZY & ARROGANT lawyers was 16,156.  The point is you need to be patient with the Bar investigation process. Currently it takes anywhere between 4-6 months for an investigation to be complete, and a few more months after that, for an actual prosecution of your LOUSY, LAZY & ARROGANT lawyer in Bar Court to take place.

BUT rest assured that once your LOUSY, LAZY & ARROGANT lawyer knows he could get SUSPENDED or DISBARRED, he will have ENDLESS sleepless nights remembering you and your case.

Often times as part of their discipline or punishment, the State Bar can order restitution of moneys taken from you. ie the return of some settlement money or the return of some advance fees etc.  Also the bar has a division called “The Client Security Fund” which is designed to compensate those clients who were victims of LOUSY, LAZY & ARROGANT lawyers like yours by returning monies wrongfully taken by lawyers.  It could be a good idea to also submit a claim after your complaint under this program if your money was wrongfully taken by your LOUSY, LAZY & ARROGANT lawyer. For more information, click on the link for that Program.

If your LOUSY, LAZY & ARROGANT lawyer simply stole your money ie you gave him a loan, or he/she gave you a check that bounced, or he took advantage of your vulnerable position and had sex with you, you MUST file a POLICE CRIME report with the local law enforcement agency in your area. 

 

Perhaps your LOUSY, LAZY & ARROGANT lawyer has threatened you with bodily harm etc. You must immediately report this activity to the local Police. 

 

If your LOUSY, LAZY & ARROGANT lawyer is a member of a large law firm, and you have information that they have done similar harm to other clients, you could also report the firm to the ATTORNEY GENERAL's office who will also investigate the matter. If the matter involves the swindling of clients and you have information to this fact, you could also file a complaint with the IRS whistleblower unit who will investigate the violation and could possibly give you compensation for the tip. 

Perhaps  your LOUSY, LAZY & ARROGANT lawyer boasts to everyone about being a member in "good standing" and having "A+" rating with the Better Business Bureau (BBB),  make sure you immediately ruin said record by filing a compliant with the BBB as well. (more on BBB policies in other posts)

All links to these agencies are located in the USEFUL LINKS section in this Blog.

 

( DISCLAIMER: No portion of this post should be considered as giving legal advice, but is to be used for informational purposes only. The publishers of this post are NOT lawyers and strongly urge its readers to consult with a reputable legal professional or to contact the State Bar Association for a proper referral)