How To File A Complaint Against a New York Attorney
This article provides an overview of how to file a complaint against an attorney in the State of New York.
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Instructions
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How to File a Complaint Against a New York Attorney
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First, one must identify the appropriate attorney disciplinary committee office where a complaint may be registered. In New York, the appropriate office depends upon the location of the attorney's office.
If the attorney has an office located in Kings, Richmond and Queens Counties, the complaint should be filed with: The State of New York Grievance Committee for the Second, Eleventh & Thirteenth Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, New York 11201-3745.
If the attorney maintains his or her office in Westchester, Dutchess, Orange, Rockland, or Putnam Counties, the complaint should be filed with:The State of New York Grievance Committee for the Ninth Judicial District, Crosswest Office Center, 399 Knollwood Road, Suite 200, White Plains, NY 10603.
If the attorney's office is in Nassau or Suffolk Counties, the complaint should be filed with The State of New York Grievance Committee for the Tenth Judicial District,150 Motor Parkway, Suite 102, Hauppauge, NY 11788. -
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Once the appropriate attorney disciplinary committee office has been located, one must notify the particular office of the complaint. By law, the complaint must be in writing. Every office has a complaint form with instructions which is provided to the person who is filing the complaint.
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Next, one must provide the details of the attorney's conduct which is the subject of the complaint. Whenever possible, one should provide not only dates and names but also, one should include any records to support the allegations.
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Once the complaint has been filed, the disciplinary committee will review the complaint. Additionally, the person who made the complaint may be contacted to discuss the matter and provide any missing details. It is important to note that the committee cannot discuss the matter by phone, so the complaining person is frequently asked to meet with committee members in person. Once the information has been gathered, the matter will be reviewed by a staff attorney. If the attorney determines that an investigation should proceed, the committee will contact the attorney and obtain the attorney's input on the matter.
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Following the completion of the investigation, the committee will review its findings. Based upon those findings, the committee will take appropriate action. The committee may send a "letter of caution" to the attorney which indicates that the attorney's conduct was questionable and requires comment. This means that there is no formal disciplinary action, but that the attorney's conduct was serious enough to warrant an investigation and a warning from the committee. Additionally, the committee may continue to pursue the matter by requesting a formal hearing in court. Finally, the committe may dismiss the matter entirely if it finds that there is insufficent proof of misconduct.
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