Fill Your California Attorney Complaint Form

When filing a complaint against an attorney in California, the California Attorney Complaint Form serves as the primary document. However, several other forms and documents can enhance the clarity and effectiveness of your complaint. These documents help to provide context, evidence, and a comprehensive understanding of the situation at hand.

• Fee Agreement: This document outlines the terms and conditions agreed upon between the client and the attorney regarding payment for legal services. It is essential for establishing whether there was a mutual understanding of fees.
• Cancelled Checks and Receipts: Copies of these financial documents serve as proof of payments made to the attorney. They can substantiate claims of financial misconduct or disputes over fees.
• Correspondence: Any written communication exchanged between the client and the attorney is critical. This may include emails, letters, or text messages that can illustrate the nature of the relationship and the issues that arose.
• Statement of Complaint: A detailed written explanation of the complaint is vital. This document should clearly articulate the specific actions or inactions of the attorney that led to the grievance.
• Case Information: This includes the title of the case, case number, and court details. Providing this information helps the State Bar understand the context of the complaint within the legal framework.
• Pertinent Court Documents: Any relevant filings or orders from the court related to the case can provide additional insight into the situation and support the claims made in the complaint.
• New Attorney Information: If the client has since hired a new attorney, providing their contact information can facilitate communication and ensure that all parties are informed about the complaint process.

These documents collectively contribute to a more robust and persuasive complaint against an attorney. By ensuring that all relevant materials are included, the likelihood of a thorough investigation and appropriate action by the State Bar increases significantly.

Misconceptions about the California Attorney Complaint form can lead to confusion and frustration for those seeking to file a complaint. Here are ten common misunderstandings, along with clarifications to help navigate the process more smoothly.

1. Filing a complaint guarantees action. Many believe that submitting a complaint will automatically lead to disciplinary action against the attorney. In reality, the State Bar evaluates each complaint to determine if an investigation is warranted.
2. The State Bar can provide legal advice. Some individuals think the State Bar can offer legal guidance regarding their situation. However, the State Bar cannot give legal advice or represent you in any legal matters.
3. Complaints can be filed anonymously. While some may wish to remain anonymous, the State Bar requires identifying information from the complainant to process the complaint effectively.
4. All complaints are investigated. Not every complaint leads to an investigation. The State Bar reviews complaints to determine if they fall within its jurisdiction and whether there is sufficient evidence to warrant further action.
5. Complaints can be submitted via fax. There is a common belief that faxing the complaint form is acceptable. In fact, the State Bar explicitly requests that complaints be mailed, not faxed.
6. The State Bar can recover lost fees. Many assume that filing a complaint will result in recovering lost fees. The State Bar does not handle fee disputes; such issues may be addressed through fee arbitration.
7. All documents submitted are kept confidential. Some believe that their submissions will remain confidential. However, once submitted, documents become property of the State Bar and may be subject to public disclosure.
8. The complaint process is quick. A misconception exists that the complaint process is fast. In reality, it can take time for the State Bar to review and investigate complaints thoroughly.
9. Complaints can be filed for any attorney misconduct. Individuals may think they can file complaints for any perceived wrongdoing. However, the State Bar only disciplines attorneys for violations of the State Bar Act or the Rules of Professional Conduct.
10. Filing a complaint guarantees a hearing. Some individuals expect that every complaint will result in a hearing. In fact, hearings are only held if the State Bar decides to prosecute the complaint after an investigation.

Understanding these misconceptions can help individuals approach the complaint process with realistic expectations and a clearer understanding of what to expect.

How to Use California Attorney Complaint

Once you have completed the California Attorney Complaint Form, it is essential to send it to the appropriate office. The State Bar will review your complaint and determine the next steps. You will receive written notification regarding their decision.

1. Begin by filling out your contact information. Include your name, address, city, state, zip code, email address, and telephone numbers (home, work, and cell).
2. Provide the attorney's contact information. List the full name, address, city, state, zip code, and telephone number of the attorney you are complaining about. If there are multiple attorneys, use a separate form for each.
3. Indicate if you or a family member has previously complained about this attorney. If yes, specify to whom the complaint was made, the approximate date, and the outcome.
4. State whether you employed the attorney. If yes, provide the date you hired them and the amount paid, if any. If no, briefly explain your connection to the attorney.
5. On a separate sheet of paper, write a clear statement detailing what the attorney did or did not do that forms the basis of your complaint. Stick to the facts and avoid opinions. Sign and date this document.
6. If your complaint relates to a lawsuit, answer the following questions: a) Name of the court; b) Title of the suit; c) Case number; d) Approximate date the suit was filed; e) Your connection to the suit, if you are not a party.
7. Indicate the size of the law firm involved in your complaint. Choose from the following options: 1 attorney, 2-10 attorneys, 11+ attorneys, government attorney, or unknown.
8. Review the form for accuracy, ensuring all spaces are filled. If any do not apply, write "N/A." Be sure to sign and date the form.
9. Mail the completed form and any supporting documents to the Office of the Chief Trial Counsel/Intake at the State Bar of California, 1149 South Hill Street, Los Angeles, California 90015-2299. Do not fax the form.