Attorneys have a fiduciary duty to act in your best interests and a professional duty to provide competent representation. The American Bar Association, a nonprofit organization, describes these duties in its Model Rules of Professional Conduct.
You can file a complaint against your lawyer if they fail to meet these obligations. Here are common reasons to file a complaint against an attorney.
Incompetence
Attorneys must provide competent representation, which means they must act with the same level of skill that a reasonable professional with a similar level of training would offer.
Incompetence can arise in different ways, including a lack of knowledge or experience. Your matter may involve a highly technical area of law, like securities fraud. If an attorney isn’t familiar with those technicalities, they likely can’t represent you well.
An attorney who does not perform as a reasonably competent attorney would also violate their responsibilities. An attorney who fails to file the proper paperwork, does not prepare for trial, fails to appear at hearings or does not follow correct procedure could be liable for incompetence.
Generally, if an attorney can’t competently represent you due to lack of knowledge, they should decline your case or refer it out. If they take your case anyway under these discussions, they may face civil liability or bar sanctions.
Lack of Communication
Your attorney should keep you updated on your case so you can make informed decisions. It is only possible to make those decisions if your lawyer informs you of crucial developments or your options.
Attorneys should also inform clients of essential dates, like hearing and trial dates. They should tell you when they need information from you and what you need to do to prepare, especially if you’re testifying.
But when attorneys don’t communicate, you are disempowered from making informed decisions or knowing how your case is proceeding. That shortcoming may offer you grounds to file a complaint against your attorney.
Lack of Attention to Your Case
Attorneys must represent you diligently and thoroughly. Failure to pay proper attention to your case harms your chances of securing a good result. This shortcoming is frequently one of the most substantial reasons to file a complaint against an attorney.
Unnecessary Delays
Time is of the essence in a civil or criminal matter. Courts impose deadlines for briefs, set hearings, and keep a strict calendar to keep cases moving forward. Several matters have a statute of limitations, creating a deadline for filing lawsuits.
If an attorney fails to act promptly on these aspects, and your case suffers, you likely have grounds for a complaint against the attorney. You may even receive damages if your case becomes time-barred, eliminating your chance for legal remedies.
Failure To Follow Your Instructions
Your lawyer should give you legal advice, but ultimately, you choose how to proceed. For example, if a settlement offer is made, it is up to you whether to accept it.
But if your attorney doesn’t listen to you, there could be a cause of action for a complaint. For example, if you told your attorney a current settlement offer is acceptable, but your lawyer declined it, you could recover damages from the lost proceeds and additional attorney fees.
Excessive or Surprise Fees
Your attorney must charge a fair fee and disclose the cost and fee structure before you sign a fee agreement. But if they charge excessive charges and fees that they never explain in the fee agreement, you may have a claim against your attorney.
Conflicts of Interest
Every state bar association has a professional code of ethics. One rule consistent across states is conflicts of interest. For example, California’s rules address conflicts of interest with current clients and interests adverse to clients.
A conflict of interest could be apparent, like an attorney representing both spouses in a divorce. Others may be more subtle, like an attorney with an investment interest in a property representing a buyer of that property. If you catch a conflict of interest, you can file an ethics complaint with the state bar and likely collect civil damages against the attorney.
Breach of Confidentiality
The attorney-client privilege protects you by keeping everything you tell your lawyer confidential. With minimal exceptions, your attorney cannot disclose anything you have said in confidence once you formed your attorney/client relationship.
If your attorney discloses privileged information, you can likely file a bar complaint or civil lawsuit against your attorney.
Commingling of Client Property
Attorneys must keep their client’s assets separate from their own. They do this with an attorney trust account, which is a bank account that holds clients’ property or prepaid fees. Personal injury settlements, escrow payments and retainer fees are a few examples of proceeds in an attorney trust account.
State bar association rules protect these funds. For example, in Washington state, attorneys must safeguard these funds. They can only withdraw from them when they earn the fees. Otherwise, the state bar association can discipline that attorney.
