Fill Out Your California Attorney Complaint Template

Fill Out Your California Attorney Complaint Template

The California Attorney Complaint Form is a document designed for individuals who wish to report unethical behavior by attorneys practicing in California. By filling out this form, you provide the necessary details that help the State Bar evaluate and process your complaint. If you believe an attorney has acted unethically, take the first step by completing the form below.

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Filing a complaint against an attorney can be a daunting experience, especially when you feel that your trust has been compromised. In California, the Attorney Complaint Form serves as a crucial tool for individuals seeking to address concerns about their legal representation. This form allows you to provide essential details about your situation, including the attorney’s contact information, the nature of your complaint, and any relevant documents that support your case. You will need to outline your interactions with the attorney, such as the services you hired them for, the payment agreements made, and any correspondence exchanged. The form also requires specifics about the legal case involved, including its title and case number, if applicable. It is important to remember that the State Bar of California’s Office of the Chief Trial Counsel reviews these complaints to determine if further investigation is warranted. However, while the State Bar can take disciplinary action against attorneys for unethical conduct, it does not provide legal advice or assist with personal disputes. By carefully completing the California Attorney Complaint Form and providing thorough information, you can help ensure that your concerns are heard and addressed appropriately.

California Attorney Complaint Example

Los Angeles Office
845 S. Figueroa Street
Los Angeles, CA 90017
www.calbar.ca.gov
San Francisco Office
180 Howard Street
San Francisco, CA 94105
Attorney Misconduct Complaint
To file an attorney misconduct complaint, please read the instructions below, complete the
attached complaint form, and mail to:
Office of Chief Trial Counsel Intake
845 South Figueroa Street
Los Angeles, CA 90017
Instructions
•
Please provide your name, address, zip code, email address (if available), and telephone
numbers (work, home, and cell). Complaints are confidential unless charges are filed. So
that we may promptly communicate with you, please provide an email address to which
you have exclusive access and that is not shared with others.
Attorney’s Information
•
You may use the State Bar’s online Attorney Search (www.calbar.ca.gov) to see whether
an attorney has a public record of prior discipline in California and whether the attorney
is licensed to practice law in California.
•
Provide the full name, address, and phone number of the attorney you are
complaining about.
•
If you wish to complain about more than one attorney, complete a separate statement
of complaint for each attorney.
•
If any of the blank spaces do not apply to your case, write N/A (Not Applicable). If you
do not know the size of the attorney’s law firm, please state “Unknown” for Size of
Law Firm.
•
In the Statement of Complaint section, tell us in your own words what the attorney
did or failed to do that you believe may warrant disciplinary action. We need to know
the background of your case.
OFFICE OF CHIEF TRIAL COUNSEL
845 South Figueroa Street, Los Angeles, CA 90017
800-843-9053
Fax: 213-765-1168
Your Information
•
If you are an attorney submitting a complaint about another attorney, please let us know
on page 5 of this form. Indicate whether your complaint is about opposing counsel and
whether you are filing the complaint based on your duty to report professional
misconduct under Rule of Professional Conduct 8.3.
o If your complaint is about the attorney you hired, tell us: When did you hire the
attorney? What agreement did you make with the attorney? Was the agreement
verbal or in writing?
o If the complaint is about an attorney who has not represented you, please tell
us: What is the connection you have with this attorney? If the attorney is
representing a person or entity in a dispute with you, please identify that person
or entity and explain the nature of the dispute.
Court Information
• If your complaint involves a court case, please provide information (if known) in this
section.
Attachments
• Provide any helpful documents. Send only copies and keep the originals. All documents you
send, originals or copies, become the property of the State Bar and are subject to future
destruction.
o If you are complaining about an attorney who represented you, provide copies of
written fee agreements, payments, or other communications (written or electronic)
to the attorney. It may be helpful to provide copies of the front and back sides of all
canceled checks and/or copies of receipts showing your payments to the attorney.
o If you are complaining about some other attorney, provide any court documents or
communications with the attorney which will help to explain your complaint.
o If you are represented by counsel in the matter involving the attorney, please
provide your attorney’s name, address, and telephone number.
Translation Information
The State Bar accepts complaints in over 200 languages. If you need translation services to
communicate with the State Bar, please let us know by completing the Translation Information
section. We will communicate with you through a translation service in the language of your
choice. If you have a trusted friend or family member whom you would prefer to provide
translation assistance and that person will accept communications from the State Bar in English,
please provide their contact information in the Translation Information section.
After You Submit
The State Bar will review and evaluate your complaint to determine whether investigation and
prosecution is appropriate. You will be notified of our decision in writing. This chart explains what
happens after you file a complaint. Thank you for your cooperation.
Important Information You Should Know
The State Bar’s Office of Chief Trial Counsel (OCTC) reviews complaints of unethical conduct by
attorneys licensed to practice in California. Should OCTC prosecute allegations contained in
your complaint, you may be required to testify before the State Bar Court in order to prove
charges against the attorney(s) involved. Below is a list of what OCTC can and cannot do when it
considers a complaint against an attorney:
• OCTC can recommend that an attorney be disciplined only for a violation of the California
State Bar Act or the California Rules of Professional Conduct.
• OCTC cannot act as your attorney or otherwise help you in legal matters connected with
your complaint. For example, OCTC cannot give you legal advice or perform legal service
for you (such as pursuing damages or other legal action against the attorney(s) involved
in your complaint). You may have legal remedies available to you, but OCTC cannot
advise you on your rights in a given situation or what you should do. The State Bar is not
a court that can provide civil remedies to you.
• OCTC cannot give you the name of a particular attorney to help you with your legal
matters. The State Bar does certify lawyer referral services, and a list of certified lawyer
referral services is available on the State Bar's website (www.calbar.ca.gov) or by calling
800-843-9053. The State Bar pamphlet Finding the Right Lawyer is also available online.
• OCTC can seek discipline for an attorney’s failure to refund an unearned fee or failure to
account for fees. Please keep in mind, however, that attorney fees are not refundable
simply because you are dissatisfied with your attorney's services. In other words, OCTC
cannot decide whether an attorney’s fee is reasonable. If you are disputing your
attorney's fees, you may seek to resolve the dispute through a fee arbitration process.
Information about fee arbitration is available online or by calling 800-843-9053.
• OCTC can seek an order of restitution if an attorney has misappropriated client funds. In
addition, the State Bar's Client Security Fund (CSF) may reimburse funds dishonestly
taken by the attorney (but not simply because the lawyer acted incompetently,
committed malpractice or failed to take certain action). CSF cannot process applications
for reimbursement until final discipline has been ordered against the attorney by the
California Supreme Court. An application for reimbursement from CSF is available
online or by calling 800-843-9053.
• If you have further questions, you may call the call center at 800-843-9053. Also, the
State Bar pamphlet Having A Problem With Your Lawyer is available online. The
pamphlet has helpful answers to questions about dealing with an attorney.
Los Angeles Office
845 S. Figueroa Street
Los Angeles, CA 90017
www.calbar.ca.gov
San Francisco Office
180 Howard Street
San Francisco, CA 94105
Attorney Misconduct Complaint Form
Your Information
Title:
First Name: Middle Name:
Last Name:
Address:
City: State: Zip Code:
Email:
Home Phone: Work Phone: Cell Phone:
If you prefer to communicate by email, please provide an email address. Complaints are confidential
unless charges are filed. So that we may promptly communicate with you, please provide an email
address to which you have exclusive access is not share with others.
Attorney’s Information
First Name: Middle Name:
Last Name:
Address:
City: State: Zip Code:
Email: CA Bar License #:
Primary Phone: Other Phone:
Cell Phone: Website:
Complaint Information
To better achieve the State Bar’s mission to protect the public, please answer the following
questions:
Have you or a member of your family complained to the State Bar about this attorney
previously?
Yes No
Did you hire this attorney?
Yes
No
OFFICE OF CHIEF TRIAL COUNSEL
845 South Figueroa Street, Los Angeles, CA 90017
800-843-9053
Fax: 213-765-1168
Does this complaint involve allegations of theft?
Yes No
Does this complaint involve allegations of attorney misconduct where a person 65 years of age
or older was victimized?
Yes No
Does this complaint involve allegations of attorney misconduct where a person who is
incapacitated, infirm, disabled, incarcerated, an immigrant, or a minor was victimized?
Yes No
Does this complaint involve allegations that the attorney has abandoned a client?
Yes No
Statement of Complaint
Include with your submission a statement of what the attorney did or did not do that is the
basis of your complaint. Please state the facts as you understand them. Do not include
opinions or arguments. If you hired the attorney(s), state what you hired the attorney(s) to do.
Additional information may be requested.
Are you an attorney?
Yes No
Does this complaint involve allegations against an opposing counsel?
Yes No
Are you filing this complaint based on your duty to report professional misconduct under
Rule of Professional Conduct 8.3?
If you are an attorney:
Yes No
Related Court Case Information (If known)
Name of Court: Case Name:
Case Number: Approx. date case was filed:
Size of law firm complained about:
If you are not a party to this case, what is your connection with it? Explain briefly.
Translation Information
Not Applicable
The State Bar accepts complaints in over 200 languages. If you need translation services to
communicate with the State Bar, please let us know by completing this section of the complaint
form. We will communicate with you through a translation service in the language of your choice.
Do you need translation services?
Yes No
Please state the language in which you need formal translation:
The State Bar’s mission is to protect complainants regardless of their immigration status. Complainants
who are unable to complete this form due to disability, language restrictions, or other circumstances
may obtain help by calling the complaint line at 800-843-9053.
Submission
By checking this box I certify that all information on this form is true and correct. I
understand that the content of my complaint can be disclosed to the attorney. I
understand that I waive the attorney client privilege and any other applicable
privilege between myself and the attorney to the extent necessary for the
investigation and prosecution of the allegations.
Signature: Date:

Document Features

Fact Name Description
Purpose The California Attorney Complaint Form is used to report unethical conduct by attorneys licensed in California.
Filing Location Complaints must be mailed to the Office of the Chief Trial Counsel at 1149 South Hill Street, Los Angeles, CA 90015-2299.
Contact Information Provide your name, address, and telephone numbers on the form to ensure proper communication.
Attorney Details Include the full name, address, and phone number of the attorney you are complaining about.
Document Submission Only copies of documents should be submitted, as originals become property of the State Bar.
Previous Complaints If you or a family member have complained about the attorney before, include details about the prior complaint.
Nature of Complaint Clearly explain what the attorney did or did not do that led to your complaint, based on facts.
Law Firm Size Indicate the size of the law firm: Solo Practitioner, Small Firm (2-10), or Large Firm (11+).
State Bar Authority The State Bar can only discipline attorneys for violations of the State Bar Act or the Rules of Professional Conduct.
Client Security Fund The Client Security Fund may reimburse losses due to attorney dishonesty, but not for incompetence or malpractice.

Steps to Using California Attorney Complaint

Filling out the California Attorney Complaint form is an essential step in addressing concerns regarding an attorney's conduct. After completing the form, you will need to submit it to the Office of the Chief Trial Counsel. This office will review your complaint and determine if further investigation is warranted. You will receive a written notification regarding the outcome of your submission.

  1. Begin by entering the date at the top of the form.
  2. Provide your contact information, including your name, address, city, state, zip code, email address, and telephone numbers (home, work, and cell).
  3. Fill in the attorney’s contact information, including their name, address, city, state, zip code, and telephone number. If you are complaining about more than one attorney, complete a separate form for each one.
  4. Indicate whether you or a family member has previously complained about this attorney. If yes, provide details about the prior complaint.
  5. State whether you employed the attorney. If yes, include the approximate date of employment and the amount paid, if any. If no, briefly explain your connection to the attorney.
  6. On a separate sheet, write a detailed statement about what the attorney did or did not do that forms the basis of your complaint. Stick to the facts without including opinions or arguments. If applicable, state what you hired the attorney to do.
  7. If your complaint involves a lawsuit, answer the questions related to the case, including the name of the court, title of the suit, case number, approximate filing date, and your connection to the suit, if you are not a party to it.
  8. Indicate the size of the law firm involved in your complaint by selecting one of the options: 1 attorney, 2-10 attorneys, 11+ attorneys, government attorney, or unknown.
  9. Sign and date the form, ensuring that all required fields are completed. If any section does not apply, write "N/A."
  10. Mail the completed form and any supporting documents to the Office of the Chief Trial Counsel at the specified address.

Understanding California Attorney Complaint

What is the purpose of the California Attorney Complaint Form?

The California Attorney Complaint Form is designed to help individuals file complaints against attorneys for unethical conduct. By completing this form, you provide the State Bar of California with the necessary information to evaluate your complaint. This includes details about your interactions with the attorney, any agreements made, and the specific issues you have encountered. The State Bar will review your submission to determine if further investigation is warranted.

What information do I need to provide when filling out the form?

When completing the California Attorney Complaint Form, be sure to include the following:

  • Your personal contact information, including name, address, and phone numbers.
  • The attorney's full name, address, and phone number.
  • A detailed explanation of your complaint, including what the attorney did or did not do.
  • Any relevant documents, such as fee agreements, receipts, and correspondence.
  • Information about the case, including the title, case number, and court name.

Providing as much detail as possible will assist the State Bar in understanding your situation and determining the next steps.

Can I submit original documents with my complaint?

No, you should only send copies of documents with your complaint. The State Bar will keep any documents you submit, whether originals or copies, and they may be destroyed in the future. It’s important to retain your original documents for your records.

What happens after I submit my complaint?

Once your complaint is submitted, the Office of the Chief Trial Counsel will review it. You will receive a written notification regarding their decision on whether to investigate your complaint further. If they decide to proceed, you may need to provide additional information or even testify in the State Bar Court. Remember, the State Bar cannot provide legal advice or assist you with any related disputes, but they will inform you about the outcome of your complaint.

Common mistakes

  1. Not Providing Complete Contact Information: Failing to include your full name, address, and telephone numbers can delay the processing of your complaint. Make sure to provide all requested contact details.

  2. Incomplete Attorney Information: Omitting the full name, address, and phone number of the attorney you are complaining about can hinder the investigation. Double-check that this information is accurate and complete.

  3. Neglecting to Include Relevant Documents: Not attaching copies of pertinent documents, such as fee agreements or correspondence, may weaken your case. Gather all relevant materials before submitting your complaint.

  4. Failure to Explain the Complaint Clearly: Providing vague or unclear descriptions of your complaint can lead to misunderstandings. Be specific about what the attorney did or did not do.

  5. Ignoring the Date of Last Contact: Forgetting to mention the last date you were in contact with the attorney can leave out crucial context. Always include this detail.

  6. Not Indicating the Size of the Law Firm: Failing to specify whether the attorney works in a solo practice, small firm, or large firm can create confusion. Make sure to select the correct option.

  7. Using N/A Incorrectly: Writing N/A in spaces that are applicable to your case can lead to incomplete information. Only use N/A for sections that truly do not apply.

  8. Not Signing and Dating the Form: Forgetting to sign and date your complaint form can result in it being considered invalid. Always check that you have signed and dated your submission.

  9. Submitting Original Documents: Sending original documents instead of copies can lead to the loss of important paperwork. Always send copies to the State Bar.

  10. Failing to Follow Up: After submitting your complaint, not checking in for updates can leave you uninformed about the status of your case. Consider following up if you do not receive a response within a reasonable timeframe.

Documents used along the form

When filing a complaint against an attorney in California, it's essential to provide thorough documentation to support your case. Along with the California Attorney Complaint Form, several other documents can enhance your complaint and provide necessary context. Below is a list of commonly used forms and documents that may accompany your complaint.

  • Fee Agreement: This document outlines the terms of payment between you and your attorney. It is crucial for establishing what services were agreed upon and what fees were to be paid.
  • Cancelled Checks or Payment Receipts: These records serve as proof of any payments made to the attorney. They help demonstrate the financial relationship and any monetary transactions that occurred.
  • Correspondence Records: Copies of emails, letters, or other communications between you and the attorney can provide insight into the nature of your interactions and any issues that arose.
  • Written Explanation of Complaint: A detailed account of your concerns should be prepared separately. This document allows you to articulate the specifics of your complaint clearly.
  • Court Documents: If your complaint involves a legal case, include any relevant court documents such as pleadings, motions, or orders. These documents can provide context and evidence of the attorney's conduct.
  • New Attorney Information: If you have hired a new attorney, providing their contact information can be helpful. This allows the State Bar to reach out if needed for further information regarding your case.

Collecting and submitting these documents can significantly strengthen your complaint. Ensure that all materials are organized and clearly labeled to facilitate a smoother review process. Your diligence in providing comprehensive information will help the State Bar evaluate your complaint effectively.

Similar forms

The California Attorney Complaint Form is similar to the Complaint for Legal Malpractice, which is used when a client believes their attorney has failed to perform competently. Both documents require a detailed account of the client's experience and the actions (or inactions) of the attorney. In both cases, the complainant must provide supporting documents, such as contracts and correspondence, to substantiate their claims. The primary goal of both forms is to seek accountability for perceived professional misconduct and to outline the specifics of the case at hand.

Another document that shares similarities is the Grievance Form for the American Bar Association. This form allows individuals to report misconduct by attorneys across the United States. Like the California Attorney Complaint Form, it seeks detailed information about the attorney's actions, the nature of the grievance, and any relevant documentation. Both forms are designed to initiate an investigation into the attorney's conduct, although the ABA form may not lead to direct disciplinary action but rather serves as a means of collecting data on attorney behavior nationally.

The Fee Arbitration Request Form is also comparable, as it addresses disputes specifically related to attorney fees. Clients who feel they have been overcharged or treated unfairly regarding fees can use this form to seek resolution. Similar to the California Attorney Complaint Form, it requires details about the attorney-client relationship and any agreements made. Both forms aim to resolve issues between clients and attorneys, although the Fee Arbitration Request focuses solely on financial disputes rather than broader ethical concerns.

The Client Security Fund Application is another related document. This application is used when clients seek reimbursement for losses due to an attorney's dishonest behavior, such as theft or embezzlement. While the California Attorney Complaint Form initiates a complaint process against an attorney, the Client Security Fund Application focuses on financial restitution. Both require evidence of the attorney's conduct and the impact it had on the client, ensuring that clients have avenues for recourse in cases of attorney misconduct.

Similar to these forms is the Complaint Form for Legal Ethics Violations used by various state bar associations. This form serves to report violations of ethical standards by attorneys. It requires a detailed account of the alleged unethical behavior and supporting documentation. The purpose is to ensure that attorneys adhere to ethical guidelines, much like the California Attorney Complaint Form, which aims to uphold professional standards in the legal field.

The Notice of Claim form used in legal malpractice cases also bears resemblance. This document is typically filed before a lawsuit can be initiated against an attorney for malpractice. It requires the claimant to outline the basis of their claim and provide supporting evidence. Both forms necessitate a thorough account of the attorney's actions and the resulting impact on the client, facilitating a formal process for addressing grievances against legal professionals.

The Complaint Form for Judicial Misconduct is another document that shares similarities. While this form is aimed at reporting misconduct by judges rather than attorneys, it requires a similar level of detail regarding the alleged misconduct and supporting evidence. Both forms are part of a system designed to maintain accountability within the legal profession, ensuring that both attorneys and judges adhere to established standards of conduct.

Additionally, the Request for Investigation form used by legal malpractice insurance companies has similarities. This document is often used when a client believes an attorney's actions have led to a potential claim against their malpractice insurance. Like the California Attorney Complaint Form, it requires detailed information about the attorney's conduct and the impact on the client. Both forms aim to assess the validity of the claims made against legal professionals.

Lastly, the Client Complaint Form for a State Bar Association in another state also resembles the California Attorney Complaint Form. It serves a similar purpose in allowing clients to report grievances against attorneys. Both forms seek comprehensive information about the attorney's actions, the nature of the complaint, and any supporting documents. The goal is to ensure that attorneys are held accountable for their actions and that clients have a means to voice their concerns.

Dos and Don'ts

When filling out the California Attorney Complaint form, it's important to be thorough and clear. Here are six things you should and shouldn't do:

  • Do fill out all spaces on the form completely. This includes your contact information and details about the attorney.
  • Don't leave any relevant spaces blank. If something doesn’t apply, write “N/A.”
  • Do provide copies of any documents that support your complaint, such as fee agreements or correspondence.
  • Don't send original documents. Only copies should be submitted, as originals will not be returned.
  • Do explain your complaint clearly and provide a timeline of events. Include what the attorney did or did not do.
  • Don't include personal opinions or arguments in your explanation. Stick to the facts.

Following these guidelines can help ensure that your complaint is processed efficiently. Good luck!

Misconceptions

When it comes to filing a complaint against an attorney in California, there are several misconceptions that can lead to confusion. Understanding the truth behind these misconceptions can help ensure that the complaint process goes smoothly. Here are five common misunderstandings:

  • Misconception 1: The State Bar can provide legal advice.
  • Many people believe that the State Bar can offer legal guidance regarding their complaints. However, the State Bar is not able to provide legal advice or assist with legal matters. Its role is to evaluate complaints against attorneys and determine if any disciplinary action is warranted.

  • Misconception 2: Complaints can be filed anonymously.
  • Some individuals think they can file a complaint without revealing their identity. In reality, the State Bar requires your contact information to process the complaint. This information is necessary for communication and for any potential follow-up regarding the complaint.

  • Misconception 3: The State Bar can help recover lost fees.
  • People often assume that filing a complaint will lead to the recovery of fees paid to an attorney. The State Bar does not handle fee disputes or reimbursements simply because a client is dissatisfied with an attorney’s performance. Instead, they focus on ethical violations and misconduct.

  • Misconception 4: All complaints result in disciplinary action.
  • It’s a common belief that every complaint filed will lead to disciplinary measures against the attorney. However, the State Bar reviews each complaint carefully. If they determine that no violation occurred, no action will be taken.

  • Misconception 5: The process is quick and straightforward.
  • Many people underestimate the time it takes for the State Bar to review and process a complaint. The evaluation process can be lengthy, as it involves thorough investigation and consideration of the facts presented. Patience is essential when awaiting a response.

Understanding these misconceptions can help individuals navigate the complaint process more effectively. Being informed ensures that expectations are realistic and that the necessary steps are taken to address concerns about attorney conduct.

Key takeaways

When considering the California Attorney Complaint Form, several important points should be noted to ensure a smooth filing process.

  • Complete the Form Thoroughly: Fill out every section of the California Attorney Complaint Form. Missing information can delay the processing of your complaint.
  • Provide Relevant Documentation: Attach copies of any relevant documents, such as fee agreements, cancelled checks, and correspondence with the attorney.
  • Be Clear and Concise: In your written explanation, clearly describe the nature of your complaint. Detail what the attorney did or did not do, as this will help in evaluating your case.
  • Send Copies Only: Submit copies of your documents, not originals. All documents submitted become the property of the State Bar and may be destroyed after processing.
  • Mail Your Complaint: Send your completed form and documents via mail to the Office of the Chief Trial Counsel. Do not fax your complaint.
  • Understand the Limitations: The State Bar cannot provide legal advice or assist in disputes related to your complaint. Its role is strictly to investigate allegations of unethical conduct.
  • Client Security Fund: If applicable, inquire about the Client Security Fund, which may reimburse losses due to attorney dishonesty, but not incompetence or malpractice.

By following these guidelines, individuals can navigate the complaint process more effectively and ensure that their concerns are addressed appropriately.

Fill Out Your California Attorney Complaint Template

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