How do I sue a family law practice that messed my case up?
Full Question:
Answer:
Before filing a law suit, you might first consider registering a complaint with
the State Bar if you believe that your lawyer acted improperly, but not just
because there is some disagreement between you, or you believe he or she
did a poor job. For such a disagreement, you should pursue alternative
methods of settling attorney-client disputes, when available.
All lawyers who practice in California must live up to ethical standards
imposed by the California Supreme Court and the State Legislature. As an
arm of the California Supreme Court, the State Bar investigates and prosecutes complaints against lawyers.
Depending on the seriousness of the offense, a lawyer can be given a
warning, put on probation, suspended from practicing law for a period of
time, or disbarred - prohibited from practicing law in California.
The Bar has limited authority to discipline lawyers for such behavior as
rudeness or making a single honest mistake. It is limited by law only to
complaints about unethical behavior as defined in the Rules of Professional
Conduct and/or the State Bar Act.
If you believe that your lawyer acted unethically, you should file a complaint.
The complaint form should be mailed to the State Bar. For instructions on
completing the complaint, see:
There is no fee to file a complaint. You also do not have to be a U.S. citizen.
When you register a complaint, you should supply photocopies of any
papers, such as letters or canceled checks, that relate to the problem. The
State Bar will let you know by postcard that your complaint form has been
received. Your complaint will then be input into the computer system. A
State Bar lawyer will read your complaint and determine how the complaint
will proceed. This process can take from two to three weeks. Your
complaint will then be assigned to the person that will conduct the
investigation. You will be informed of its status by a State Bar representative.
At the end of the investigation you will be informed in writing whether or not
the matter will proceed to prosecution in the State Bar Court or be closed.
If you have further questions, please call:
1-800-843-9053 (toll free in California)
213-765-1200 (from outside California)
