The Bar Complaint Process: Can it be Privatized?
After decades of self-policing, a new way to file an attorney grievance has finally arrived. The legal profession has largely gone without monitoring or oversight. Are most lawyers ethical? Probably, but there are a few bad apples. The problem arises when the ethical lawyers fail to intervene and put a stop to the shenanigans of their unethical counterparts. ¨The legal profession is wrought with individuals who are willing to bury their heads in the sand and overlook wrongdoing¨, says the founder of the Legal Whistler, Ruth Leslie.
Until the Legal Whistler, previous complaints filed against a lawyer were kept totally confidential unless the complaint lead to disciplinary action. Getting a full disclosure of complaints filed against an attorney was not possible….until now. It is widely believed, by the public, that most attorney complaints are dismissed. Upon dismissal, they are destroyed but now they will be kept on file. The public will have a better understanding of the issues surrounding a lawyer before they make a hiring decision because they will have access to a more complete complaint history.
The Legal Whistler allows complainants to file online grievances (soon to be available in all 50 States) and tracks and monitors those grievances through each stage of the bar complaint process. Conflicts of interest are tracked and recommendations for recusal are made. Complainants can also receive advice on how to write the grievance and strategies for making them more effective. However, the best part is the searchable database. Unlike the State Bar, who purges their database periodically, the Legal Whistler never discards grievances. They are kept on file for a lifetime and can be accessed by individuals (currently only members of the Legal Whistler) who want to discover a history of complaints filed against an attorney.
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The Legal Whistler is a private members only association operated by a group of non-lawyer tech entrepreneurs. No private company has ever intervened in the bar complaint process. While the Legal Whistler will not have the power to discipline lawyers, it will be able to shine a light on a system currently veiled in secrecy and expose the truth behind the grievance process. Our database accepts both previously filed and newly filed grievances. If you have filed a grievance from January 2007 to present or if you need to file a new grievance, visit our website today.
Problems With A Lawyer: What To Do Next?
Are you having problems with a lawyer? You may not be alone. Each year, thousands of bar complaints are filed against attorneys. Here’s what you should do next if you are having a problem with a lawyer.
#1 Record all the conversations you have with the lawyer. Of course, there are laws pertaining to phone recordings but it is better to have the “proof” on tape than to have nothing to prove your point. Even if you can or cannot use the tapes in court, they can still come in handy. If the courtroom is the only place you can think of to use this type of evidence, you are probably way to naive and this article won’t be of much help. We can lead a horse to water but we cannot make him drink. Wise up!
#2 Memorialize every conversation with an email. If you don’t have the gall to record each conversation, you should recap each conversation in writing. This is called “memorializing” because it allows the conversation to live on forever and prevents the other person from changing their story later. Later, when it counts, you can use these emails to “prove” what was really said at any given time.
#3 If you are dealing with a situation where you are supposed to be somewhere at a certain time, you should always stop at a nearby convenience store and buy a pack of gum (or something similar). Why? To prove that you were in the area and to pin down the specific date and time, of course. The purpose is to get a receipt that has an address, date and time on it. Use your credit card to prove you made the purchase.
If your relationship with your lawyer has gone downhill, there is a very real likelihood that you will need to prove or disprove something that was said or done – and especially if you intend to file a bar complaint against the lawyer in the future.
Filing a Bar Complaint: 5 Strategies for Getting Better Results
You have decided to file a bar complaint. Surely you’ve heard all the horror stories from others who have made the same decision. Well, filing a bar complaint doesn’t have to be a total waste of time. Here are 5 tips to help your bar complaint become more effective.
#1 Read the Rules for Professional Conduct as they pertain to lawyers – Make sure to read the specific rules applicable in your State. You can usually find this online if you do a simple search. This is the first place you should start. Create an outline of all the lawyers actions you believe have harmed you. Next, match that list to the rules and see if you get a match. Just because you think it should be unethical, doesn’t mean it actually will be.
CAUTION: The biggest mistake a complainant can make is to write from emotion and fail to pinpoint any specific rules that have been broken.
#2 Find out, in advance, who will be hearing your grievance – Most States have standing committees that are appointed by the Supreme Court or some similar body. With a bit of digging, you can discover who sits on the panel or committee that will determine the validity of your complaint. Once you have their names, do some research to find out if there could be a possible conflict of interest.
CAUTION: At the very least, find out which school, what law firm and what internships they may have held. Find out if their spouse is also a lawyer, organizations in which they are a member (including country clubs and golf clubs) and if they have ever run for public office. Lastly, find out if they ever practiced against the lawyer mentioned in your complaint.
#3 Know the deadlines for each phase of the process – You will generally have a set amount of time to file a grievance after the harm has allegedly been done. You will also have deadlines for requesting a recusal, filing an appeal and responding to requests for additional information. This is not a complete list of the deadlines involved in the grievance process. To become aware of the grievance process on a State by State basis, do an internet search that is State specific.
CAUTION: Missing one deadline or waiting too long to file your initial complaint or appeal can doom your efforts.
#4 Gather documentation in advance – You will need to provide proof with your grievance filing. You may need to gather old emails, copies of text messages, faxes or phone bills etc. Make sure you order the necessary copies before you file. Don’t count on the opportunity to appeal as a reason for not initially gathering your documents.
CAUTION: Never send original documents unless specifically requested. Send copies and put the original in a safe place.
#5 File one complaint per grievance form – Accusing an attorney of breaking multiple rules and filing one grievance to cover them all is a major mistake made by many (unless you are nearing the Statute of Limitations). Most States give you between 1 and 4 years to file a grievance with a few exceptions. Take advantage of all that time. You can file more than one grievance against the same attorney if the complaints are vastly different. If you are accusing an attorney of breaking three ethics rules, you can file three different grievances. But why would you want to?
Here’s why… if you have never filed a bar complaint before, you won’t have enough “knowledge” about the process to make sure you have written an effective grievance. Practice makes perfect. By the time you have filed the second or third grievance against an attorney, you will know what to say and how to say it. Also, you would file each alleged rule violation separately because it makes it easier for the investigator to understand your point – do it for conciseness. Think about it like this, if you get caught speeding, running a red light and not wearing your seat belt, you would likely get a separate ticket for each offense. It just makes the process cleaner and clearer.
CAUTION: Not including all the alleged violations in one grievance does NOT waive your right to submit those additional grievances at a later time – unless the Statue of Limitations has elapsed.
Commission for Lawyer Discipline: Their role in the attorney grievance process
Have you ever heard of the Commission for Lawyer Discipline? Probably not. But you will get to know that name if you ever file a complaint against an attorney in Texas. The Chief Disciplinary Counsel investigates possible violations of the Texas disciplinary rules of professional conduct. If just cause is found, the case proceeds to one of two places – depending on the attorneys election.
The Chief Disciplinary Counsel files the petition on behalf of the Commission for Lawyer Discipline (a standing committee). So back to the attorneys election mentioned earlier. The attorney, accused of professional misconduct, can either have the case heard by an evidentiary panel or by a district judge. The panel must consist of a minimum of 3 members – 2 lawyers and 1 non-lawyer. However, there can be more than 3 members on the panel.
So a petition is filed, based on the lawyers election, and the case is set for trial. All the normal things follow like limited discovery, subpoenas, getting served a right to counsel on both sides and yada yada blah blah blah. If the hearing turns out favorably to the complainant, sanctions will be imposed. Oh yeah, did we mention that there is a chairperson on the evidentiary panel. This is important because that person gets to determine what evidence is and is not presented at the hearing. Gee, I guess it would come in handy to “know” that person.
So, who is most likely to know a member of the evidentiary panel or the district judge who will decide the case? Yep, you guessed it. The bottom line is this – there are many steps to the attorney grievance process. Most of them are meant to pacify the public and make us think justice is being served. In reality, there are many opportunities for a bar complaint to be dismissed. By the time a grievance actually got to a hearing, it would have been handled by a dozen or more attorneys (none of which YOU probably know and a few that the respondent probably does know).
Unless the respondent, that’s the lawyer who is being accused, has been convicted of a crime or confesses to wrongdoing – it is highly unlikely that they won’t be able to get through the “process” unscathed. It’s just the nature of the beast….they win and the public loses. This is exactly why we created the Legal Whistler to help level the playing field. A change is coming.
Texas Board of Disciplinary Appeals: What You Should Know
What do you know about the Texas Board of Disciplinary Appeals? Probably not very much. This elusive board is responsible for hearing attorney grievance classification appeals and much more. This post will focus on the classification appeals process. Once you have filed a bar complaint, it is reviewed and a decision to continue or dismiss is made within 30 days.
You will be notified in writing of this decision. If you receive a letter to dismiss your grievance, you can appeal the decision. Assuming you make the deadline, the appeal will be handled by the Texas Board of Disciplinary Appeals. This is a 12 attorney tribunal appointed by the Supreme Court of Texas. So who are these 12 lawyers?
The current board consists of 5 lawyers who graduated from Baylor Law School, 2 from Texas Tech School of Law and 2 more graduates from the University of Texas School of Law. The remaining members graduated from schools outside of Texas. If you’re complaining about an attorney who went to any of these schools in the ’80s, there is a chance they might have rubbed shoulders with someone on the disciplinary board. Small world right?
The biggest problem starts at the top – the very top. The current chairperson is a drum roll please…..divorce lawyer. Considering 70% of attorney grievances are made against divorce attorneys, this is not a good sign. If you are filing a bar complaint against a lawyer from Ausley, Algert, Robertson & Flores, L.L.P. – you are up a creek without a paddle. This is a family law firm with a partner who chairs the board of disciplinary appeals. Do any of these attorneys names sound familiar? They all work at Ausley, Algert, Robertson & Flores, L.L.P.
Thomas L. Ausley, Esq.
Kristen A. Algert, Esq.
Eric Robertson, Esq.
Kelley Ausley-Flores, Esq.
Kelly Caperton Fischer, Esq.
JoAl Cannon Sheridan, Esq. – chairperson
If so, you have got your work cut out for you. If you file a bar complaint against one of these attorneys, we highly suggest you issue a press release and take your case to the court of public opinion. You may also want to ask for a recusal or two. You should detail your complaint in a home video and post it on Youtube. Forward your complaint and the video to any media outlet that will listen. Use social media to bring attention to your complaint. Last but not least, file your complaint with or provide a copy of the complaint to us.
Although none of the other current board members are active family practitioners, one of them works closely with a divorce attorney named Roger S. McCabe of MehaffyWeber. Of course, this is not a conclusive list of all the divorce attorneys on the board or their affiliation with other divorce attorneys. We strongly suggest you thoroughly investigate an attorney before you hire them. This investigation should go all the way back to their alma mater.
Another possible pitfall may come in the form of previous employment. Many of the attorneys on the current board once worked as Assistant District Attorneys for various counties across Texas. You should find out if your attorney was once a ADA or if they ever worked in the District Attorneys Office – this should include work done as a student. Oh, what a tangled web we weave.
Additionally the current chair, JoAl Cannon Sheridan, once ran for the Texas House. You might want to see who donated money to her political campaign. If you don’t have time to connect all these dots, you can contact the Legal Whistler for more information. We can do the heavy lifting for you! Be safe and keep your eyes open.
Texas Attorney Complaints: When and How to File A Grievance
You are having a problem with an attorney in Texas. You have decided to file an attorney grievance and now you want to know what to expect. Keep reading! There are several resources for gaining information about the attorney grievance process in Texas. However, most of them are associated with the State Bar of Texas. Does it make sense for lawyers to regulate themselves? We think not.
As a result, we have created the Legal Whistler – an organization that monitors the activities concerning attorney ethics. We strive to bring transparency to a process cloaked in secrecy. We strongly encourage you to file your grievance online with our assistance. We do not conduct the investigation but we will add your complaint to our searchable database and make it available for other potential legal clients to view who are thinking about hiring an attorney.
Currently, bar complaints are destroyed after being dismissed. They are kept private and NEVER made available publicly. In the State of Texas, it is not possible to get a report of previous complaints filed against an attorney unless that complaint lead to disciplinary action. We are here to change that fact. In Texas, complainants have 4 years to file a bar complaint (with a few exceptions). Any grievance that is dismissed (and a great deal of them are dismissed) is purged from the system after 180 days. No permanent record is kept and the file is not made public.
Furthermore, the public generally has no say in who sits on the committees or panels that make the decisions. If you do discover an inappropriate person who is in charge of investigating your grievance, you only have 10 days to bring this fact to the committee chairperson’s attention. The current Texas grievance system is stacked against the public in every way. Don’t be a victim. Use the Legal Whistler to increase your chances for success.
Texas Attorney Grievances: Does the Process Work? (Part 2)
You have filed a complaint against an attorney in Texas, now what? Read our previous blog post to discover the initial stages that your grievance will encounter. Picking up where that post left off, we will discuss what happens next. After you file (either online, by mail or by fax) and receive a written notification about the initial decision to dismiss or proceed, here’s what you can expect.
If your grievance was thought to show just case then it will be sent to the attorney and they will be given 30 days to answer your complaint. If your grievance was found to be without merit, it will be recommended for dismissal. It is then sent to the Board of Disciplinary Appeals (BODA). This Board consists of 12 attorneys who were appointed by the Supreme Court of Texas. You can use your imagination to determine how much of a chance a complainant has in this situation.
BODA can either accept the dismissal or reject it. If they accept the dismissal, the complainant can file an appeal – only one appeal is allowed. You have 20 days to do this. If the Chief Disciplinary Counsel’s dismissal request is rejected, the grievance will be investigated. But guess who conducts the investigation? Yep, the same body that just recommended it be dismissed. Gee, this looks promising.
If, after the investigation, the Chief Disciplinary Counsel recommends dismissal – the decision is then put into the hands of the Summary Deposition Panel. Your complaint is presented to the panel for you by someone whom you have likely never spoken to and surely have not met. They speak on your behalf and you are not allowed to be present. The same goes for the attorney but what are the chances the attorney doesn’t just happen to know someone on the panel or attempts to contact someone beforehand. The chips are stacked against the public.
To pacify the public, the Summary Disposition Panel is made up of 2/3 lawyers (who volunteer) and 1/3 non-lawyers. We call that 1/3 the token third. They are likely just pawns in the game who go along to get along. Don’t expect any subjectivity from this panel. If a dismissal has been recommended, you can just about kiss your ass goodbye. Oh, did I mention there is no appeals process at this stage. The decision of the Summary Disposition Panel is final. But don’t fret, because you’ll be referred to the Client Attorney Assistance Program. This is where serious matters are brushed under the rug and the attorney has no chance of being outed publicly. It’s basically a “backroom” where they try to settle the matter quietly. But by some miracle, what if they reject the dismissal? We will discuss this in our next post.
Attorney Complaints: Grievance and Ethics Information
What happens if you have a problem with an attorney? We would strongly suggest filing a formal grievance against that attorney. However, for some, this sounds easier said than done. Don’t be intimidated by the attorney grievance process. We’re here to help.
The first step, to filing an attorney grievance, should include getting a membership with the Legal Whistler. This is an organization that helps facilitate the filing of grievances and stores them in a database for research purposes. When a grievance is filed without using the Legal Whistler, they are purged or destroyed if no investigation is opened. Your grievance will be downgraded from a complaint to an inquiry.
Inquiries are not made available to the public. Under the current system, there is no way to determine how many grievances have actually been filed against an attorney. The public is only given access to grievances that lead to disciplinary action. The current system does not allow for transparency. Wouldn’t you like to know what past clients are saying about an attorney before you hire them?
Get the whole story with the Legal Whistler. Our database is searchable and allows our members to read summaries of complaints filed against a lawyer in the past. You can decide if the attorney seems to have any patterns of behavior that should be avoided. Have several previous clients all said the same thing about an attorney? Maybe the State Bar has refused to act because the attorney denies any wrongdoing. The system tends to favor the lawyer.
If you feel you have been harmed by a lawyer, you should always file a complaint. In most cases, there is a deadline for filing. You will need to provide adequate and convincing evidence along with your filing. But don’t let your attorney grievance fall into a black hole. Make sure to file online at LegalWhistler.com so a copy of your grievance will be added to our permanent database. If you have filed a lawyer complaint in the last 7 years, then come to our site and upload a copy to make our database more comprehensive.
Latest Posts
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The Bar Complaint Process: Can it be Privatized?
08/08/2014 (press release: Legal Whistler) // New York, New York, USA // After decades of self-policing, a new way to file an attorney grievance…
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Problems With A Lawyer: What To Do Next?
Are you having problems with a lawyer? You may not be alone. Each year, thousands of bar complaints are filed against attorneys. Here’s what you…
-
Filing a Bar Complaint: 5 Strategies for Getting Better Results
You have decided to file a bar complaint. Surely you’ve heard all the horror stories from others who have made the same decision. Well, filing…
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Commission for Lawyer Discipline: Their role in the attorney grievance process
Have you ever heard of the Commission for Lawyer Discipline? Probably not. But you will get to know that name if you ever file a…
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Texas Board of Disciplinary Appeals: What You Should Know
What do you know about the Texas Board of Disciplinary Appeals? Probably not very much. This elusive board is responsible for hearing attorney grievance classification…
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