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Common Questions

What is the purpose of the California Attorney Complaint Form?

The California Attorney Complaint Form is designed to facilitate the process of reporting unethical conduct by attorneys licensed to practice in California. By completing this form, you provide the State Bar of California with essential information that will help them evaluate your complaint. This includes details about the attorney's actions or inactions that you believe are unethical, as well as any supporting documentation you may have.

What information should I include when filing a complaint?

When filing a complaint, it’s important to be thorough. Here are the key pieces of information you should include:

  1. Your contact information, including your name, address, and phone numbers.
  2. The attorney’s contact information, including their name, address, and phone number.
  3. A detailed explanation of your complaint, including what the attorney did or did not do.
  4. Any relevant documents, such as fee agreements, cancelled checks, and correspondence.
  5. Information about the case involved, including the title, case number, and court name.

Providing as much detail as possible will assist the State Bar in evaluating your complaint effectively.

How do I submit the California Attorney Complaint Form?

You should mail the completed California Attorney Complaint Form to the Office of the Chief Trial Counsel at the following address:

Office of the Chief Trial Counsel/Intake
The State Bar of California
1149 South Hill Street
Los Angeles, California 90015-2299

It’s crucial to note that the form should be mailed, not faxed. Make sure to keep copies of everything you send for your records.

What happens after I submit my complaint?

Once your complaint is received, the State Bar will review and evaluate it to determine if an investigation is warranted. You will receive a written notification regarding their decision. If the complaint leads to an investigation, you may be asked to provide additional information or even testify in the State Bar Court if charges are filed against the attorney.

The State Bar of California cannot assist you in recovering fees or provide legal advice related to your complaint. If you are dissatisfied with the services provided by your attorney, you may consider exploring fee arbitration through local bar associations. This process allows for a resolution of fee disputes in an informal and confidential setting. However, the State Bar cannot act as your lawyer or offer specific legal guidance.

What is the Client Security Fund and how does it work?

The Client Security Fund (CSF) is designed to reimburse clients for specific monetary losses caused by an attorney's dishonest conduct. This includes situations such as theft or embezzlement. To qualify for reimbursement, you must demonstrate that the loss resulted directly from the attorney's dishonest actions. It's important to note that CSF claims can only be processed after the attorney has faced disciplinary action from the California Supreme Court.

Document Specifications

Fact Name Description
Governing Body The California Attorney Complaint Form is governed by the State Bar of California.
Submission Address Complaints must be mailed to the Office of the Chief Trial Counsel at 1149 South Hill Street, Los Angeles, CA 90015-2299.
Contact Information Complainants must provide their name, address, and telephone numbers on the form.
Attorney Information Details about the attorney being complained about, including their name and contact information, are required.
Required Documents Complainants should include copies of any fee agreements, correspondence, and pertinent court documents.
Nature of Complaint A written explanation detailing the exact nature of the complaint must be provided.
Law Firm Size Complainants must indicate the size of the law firm involved, categorizing it as Solo, Small, or Large.
Confidentiality All documents submitted become the property of the State Bar and are subject to future destruction.
Client Security Fund The Client Security Fund may reimburse losses due to attorney dishonesty, but not for incompetence or malpractice.

Dos and Don'ts

When filling out the California Attorney Complaint form, it’s essential to approach the process with care. Here’s a list of things you should and shouldn’t do:

  • Do fill out all sections of the form completely, providing accurate information.
  • Do include copies of any relevant documents, such as fee agreements and correspondence.
  • Do clearly explain the nature of your complaint in your own words.
  • Do send the completed form and documents via mail, not fax.
  • Do date and sign the form before submission.
  • Don’t leave any sections blank; if something doesn’t apply, write "N/A."
  • Don’t submit original documents, as they will not be returned.
  • Don’t include personal opinions or arguments in your statement; stick to the facts.
  • Don’t forget to provide the attorney’s full name and contact information.
  • Don’t expect the State Bar to provide legal advice or assistance with your case.

Misconceptions

Misconceptions about the California Attorney Complaint form can lead to confusion for those seeking to file a complaint. Understanding these misconceptions can help clarify the process. Here are eight common misunderstandings:

  • The State Bar will provide legal advice. Many believe that the State Bar can offer legal guidance regarding their complaint. In reality, the State Bar cannot provide legal advice or assist with legal matters.
  • Complaints can be filed anonymously. Some individuals think they can submit complaints without revealing their identity. However, the State Bar requires personal information to process complaints effectively.
  • The State Bar can help recover fees. A common belief is that filing a complaint will result in the recovery of attorney fees. The State Bar does not handle fee disputes or reimbursements unless the attorney's conduct involved dishonesty.
  • All complaints lead to disciplinary action. Many assume that filing a complaint guarantees disciplinary action against the attorney. The State Bar reviews each complaint and only pursues cases that warrant investigation.
  • Complaints must be filed in person. Some people think they must visit the State Bar office to submit their complaint. In fact, complaints can be mailed in, making the process more accessible.
  • The complaint process is quick. There is a misconception that complaints will be resolved quickly. The review and investigation process can take time, and complainants should be prepared for a potentially lengthy wait.
  • All attorneys are subject to the same rules. Some believe that all attorneys are equally accountable to the same standards. While all attorneys must adhere to the State Bar Act, the nature of the complaint and the attorney’s practice area can affect the outcome.
  • Filing a complaint guarantees a response. Individuals may think that submitting a complaint will always result in a direct response. While the State Bar will notify complainants of their decision, not every complaint will receive detailed feedback.

By addressing these misconceptions, individuals can approach the complaint process with a clearer understanding of what to expect and how to effectively communicate their concerns.

Documents used along the form

When filing a complaint against an attorney in California, it can be helpful to include additional documents that support your case. These documents can provide context and evidence to help the State Bar evaluate your complaint more effectively. Below are some commonly used forms and documents that you might consider submitting alongside the California Attorney Complaint Form.

  • Written Fee Agreement: This document outlines the terms of payment between you and the attorney. If there was no formal agreement, a brief explanation of your understanding regarding fees will suffice. It helps establish the financial relationship and expectations you had.
  • Payment Evidence: Copies of cancelled checks, receipts, or bank statements showing payments made to the attorney can be vital. This evidence supports your claims regarding financial transactions and can clarify any disputes over fees.
  • Correspondence Records: Providing copies of all written communication between you and the attorney can be essential. This includes emails, letters, or notes that document your interactions and any promises or commitments made by the attorney.
  • Pertinent Court Documents: If your complaint involves a legal case, include relevant court documents such as pleadings, judgments, or notices. These documents can provide crucial context about the legal matters in question and the attorney's involvement.

Including these additional documents can strengthen your complaint and provide a clearer picture of the issues at hand. Each piece of evidence plays a role in helping the State Bar understand your situation better. Be sure to keep copies of everything you send, as the State Bar will retain the documents you submit.