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Legal
Resources/Complaints
About Lawyers
Complaint Information: (804) 775-0570
You may also visit the Virginia State Bar Web site at www.vsb.org
for information about the disciplinary process.
This information will tell you about how the Virginia State Bar
deals with complaints about lawyers, and how to make a
complaint.
The Virginia State Bar is genuinely concerned with your
complaint. It will receive our full attention and be resolved as
quickly as possible. We appreciate your concerns and value your
assistance in our regulation and discipline of all lawyers in
Virginia.
Besides the staff of the Virginia State Bar, the disciplinary
system involves lawyers and members of the public who volunteer
their time to serve the public interest and preserve the
integrity of the legal system.
CONTENTS
* This
document is in Adobe Portable Document Format (.pdf). If you
have the Adobe Acrobat Reader on your PC, you can view and
print these documents. If you do not have the Acrobat Reader,
you can download a free copy, by clicking here.
How are lawyers
disciplined?
All lawyers who practice law in Virginia must be members of the
Virginia State Bar. Lawyers must follow certain ethics rules
called the Virginia Rules of Professional Conduct. The Bar
enforces those ethics rules and disciplines lawyers who violate
them.
The Bar receives complaints from the public, judges and other
lawyers about conduct that might violate ethics rules. The
Office of Bar Counsel reviews all the complaints it receives to
determine whether a lawyer may have violated one or more Rules.
If a Rule might have been violated, the Bar investigates the
situation.
- If a lawyer is found to have violated an ethics rule, one
of the following levels of discipline may be imposed:
- He or she could receive a reprimand, which means the
lawyer is told he has broken a rule, and a notation is made
on the attorney’s Bar record; or
- the lawyer’s license to practice law could be suspended
for up to 5 years, during which time the lawyer cannot
practice law; or
- the lawyer’s license could be revoked, which means the
attorney is disbarred from the practice of law.
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Should you file
a complaint?
Charges that a lawyer has acted unethically are serious. A
complaint should not be made lightly or to try to gain an
advantage in your dealings with a lawyer. Also, filing a Bar
complaint should not take the place of communicating with the
lawyer to attempt to resolve differences.
As your problem might be the result of some misunderstanding or
breakdown in communication with your lawyer, the problem may be
solved by a frank talk. Tell your lawyer why you are
dissatisfied, and ask for a full explanation of what is
bothering you.
If you believe that you have made a sincere effort to solve your
problem, but you still feel that the lawyer should be
disciplined for his or her conduct, you may file a complaint. If
the lawyer is found guilty of breaking an ethics rule, the Bar
will discipline him or her. However, the disciplinary process
will NOT serve to:
- recover money damages;
- make the lawyer take action you wish him or her to take;
- provide legal advice;
- offer other relief or assistance; or
- substitute for other civil or criminal remedies
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What the complaint
process cannot do
The Bar understands that people have many kinds of dealings with
lawyers, but not all those situations are subject to review
through the Bar’s disciplinary process. Some problems with
lawyers will need to be addressed in other ways. For example,
the Bar will not open disciplinary cases on:
- Complaints about a lawyer’s fee.
If you cannot resolve a fee dispute with your lawyer, you
may request that the dispute be decided by a Circuit
Committee on the Resolution of Fee Disputes. These
committees were established by the Bar around the
Commonwealth to provide a prompt and binding resolution to a
dispute over a fee charged or collected.
For a referral or a copy of the program rules, contact the
Fee Dispute Resolution Coordinator at 804/775-0500, or visit
www.vsb.org/feedisputes.html.
- Dissatisfaction with the quality of a lawyer’s advice or
strategy.
This applies to civil and criminal cases. The Virginia State
Bar cannot regulate the quality of a lawyer’s advice or
strategy, except for certain situations, such as missing
deadlines, failing to file required documents or totally
abandoning the case.
If you feel that your lawyer represented you poorly, your
remedy may be to file a civil malpractice action, or, in a
criminal case, a petition for a writ of habeas corpus, which
addresses claims of ineffective assistance of counsel. These
cases must be filed in a court of law, not with the Virginia
State Bar. The Virginia State Bar cannot advise you on the
chance of success of any such cases.
- Rude behavior by an attorney.
- Complaints about judges in their judicial capacity.
These complaints are handled by the Judicial Inquiry and
Review Commission at P.O. Box 367, Richmond, Virginia,
23203-0367, telephone 804/786-6636.
- Complaints that lawyers acting as guardians ad litem or
Commissioners in Chancery have taken positions with which
you disagree.
Such complaints should be voiced to the Circuit Court judge
that appointed the guardian ad litem or Commissioner in
Chancery, as these persons report directly to the court and
not to any particular client.
- Allegations that a guilty plea in a criminal case was not
voluntary, unless the guilty plea has been overturned by a
court.
- Allegations that a prosecutor prosecuted the wrong person
or failed to prosecute a case.
- Civil disputes with a lawyer, such as the lawyer’s
failure to pay a bill to someone who has provided goods or
services directly to the lawyer, unless it appears that the
lawyer improperly handled client funds.
These matters should be handled through the civil justice
system if they cannot be resolved informally with the
lawyer.
707 East Main Street, Suite 1500
Richmond, VA 23219-2800
(804) 775-0500
Senior Citizens Handbook
Laws & Programs Affecting Senior Citizens in Virginia
A Joint Project of the Senior Lawyers Section and the Young
Lawyers Conference of the Virginia State Bar
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