How to File Complaints With the California Bar

If an attorney violates ethics rules, the California State Bar wants to hear about it.

As officers of the court and members of a self-regulating profession, California lawyers can face discipline for unethical conduct that violates the Rules of Professional Conduct or the State Bar Act. These rules govern everything from conflicts of interest to how lawyers deal with client property. If you think your attorney violated ethics rules, you can complain to the State Bar, which investigates such charges against its members,

Things You'll Need

• Complaint form
• Photocopies of documents supporting your complaint

Instructions

1. Call the California State Bar's Attorney Complaint Hotline at 800-843-9053. The hotline will help you decide whether your complaint belongs in the disciplinary process.

2. Collect and make copies of documents relevant to your complaint. These include any written contracts you have with the lawyer, check stubs or receipts for payments made for legal services, correspondence and court documents.

3. Write a letter explaining your complaint against the lawyer. The state bar advises you to include dates and descriptions of your dealings with the lawyer, including why you hired him. Stick to the facts. Investigators will form their own opinions based on the information you provide. Sign and date each page.

4. Fill out the California Attorney Complaint Form. The form asks for information about the lawyer, including name, address and telephone number, your relationship to the lawyer, as well as information about the size of her practice. If your complaint arises from a court case, fill in the name of the court, the title and case number of the lawsuit, and the filing date.

   Include a daytime phone number where investigators can reach you, and information about your new lawyer if you have one.

5. Sign the California Attorney Complaint Form.

6. Mail the completed form, along with the letter and copies of relevant documents, to the Office of the Chief Trial Counsel/Intake at the State Bar of California, 1149 South Hill St., Los Angeles, CA 90015-2299. Do not fax.

   Your complaint now rests with the State Bar. If investigators determine that your lawyer violated ethics rules, he could face penalties ranging from a warning to disbarment, depending on the severity of the violation.

Tips & Warnings

• The California Bar's complaint process does not deal with disputes over legal fees, but you can request arbitration from the bar. Ask for arbitration through the local bar association, or contact the State Bar Office of Mandatory Fee Arbitration at 415-538-2020. (Reference 5)

• Do not send original documents with your California Attorney Complaint Form. You will not get them back.

References

• State Bar of California: Filing a Complaint
• State Bar of California: California Attorney Complaint Form
• State Bar of California: What Can I Do If I Have a Problem with My Lawyer?
• State Bar of California: Complaint Alternatives
• State Bar of California: Mandatory Fee Arbitration Program
• California Rules of Professional Conduct

Resources

• State Bar of California: Overview of Attorney Discipline System
• State Bar of California; Frequently Asked Questions; Lawyer Regulation
• State Bar of California; Fee Arbitration; Approved Programs
• State Bar of California; Fee Arbitration; Forms & Resources