How to Find Complaints Against Lawyers

The professional conduct of attorneys in the United States is governed by the Code of Professional Responsibility for Attorneys. If an attorney acts in violation of the code, he or she faces sanctions and even disbarment. Each state maintains an agency that oversees the professional conduct of lawyers. Ultimately, the highest appellate court in the state (typically the supreme court) possesses authority to disbar an attorney. Meritorious complaints filed against attorneys are available through the supreme court and the office of attorney oversight or regulation.

Things You'll Need

• Request for records form

Instructions

1. Telephone the clerk of the state supreme court or the highest appellate court in the state. In some states, the highest appellate court is not called the "supreme court." For example, in New York trial courts are called supreme courts. Obtain the contact information for the agency in the state that supervises and disciplines attorneys.

2. Contact the agency charged with monitoring and disciplining attorneys. The agency goes by a variety of names in different states. These include office of attorney regulation, office of attorney supervision and disciplinary administrator's office.

3. Request the form necessary to access complaints against attorneys. Keep in mind a complaint is only a public record if the finding had merit. Complaints that are lodged and dismissed are not public record.

4. Complete the record request form. Submit the completed document to the attorney oversight agency. Some states permit a request for disciplinary records to be made over the Internet.

5. Pay any requested fee for duplication and delivery of the requested documents to you. You may also make arrangements to pick up the requested documentation at the agency's office.

Tips & Warnings

• In addition to obtaining the actual complaint against an attorney, consider obtaining any order issued by the state's highest appellate court as well. If the attorney faces serious sanctions, including suspension or disbarment, chances are that a hearing was held before the supreme court.

• If you believe your current lawyer is guilty of ethical lapses or a violation of the Code of Professional Responsibility, seriously consider filing an appropriate complaint with the attorney oversight agency.

References

• "Lawyers in the Dock: Learning from Attorney Disciplinary Procedings;" Richard L. Abel; 2008
• State Bar of California: Overview of Attorney Discipline System
• Supreme Court of Arizona: Attorney Discipline Unit

Resources

• Cornell Law School: Code of Professional Responsibility
• SPARC: Addresses of Attorney Oversight Agencies--State by State