Saturday, April 19, 2008

DON'T WAIT TO FILE COMPLAINTS AT THE STATE BAR AGAINST ATTORNEYS

By Donie Vanitzian (View author info)

Dogged persistence is the key to filing attorney complaints. Let's face it--attorneys don't want to be scrutinized! Not by the bar. Not by the public. Not by the courts. Not by the media. Not by their clients. Not by opposing counsel.

There is an element of performing an important public service when filing complaints against attorneys that have "acted improperly" (the Bar's words, not mine). Because, in my opinion, the State Bar has failed miserably in policing its own, the public must take pains to make their sentiments known, not once, but over and over and over again without fail.

One way to accomplish that is to file complaints with the State Bar against errant attorneys--and keep filing them.YOU DO NOT HAVE TO HIRE THE ATTORNEY IN ORDER TO FILE A COMPLAINT AGAINST HIM OR HER

This means, if you believe that the association's attorney or the management company's attorney for that matter, has violated rules of professional responsibility, or some other statute, or has been unethical, you CAN file a complaint against that ass attorney or management company attorney with the State Bar.

From the consumer's point of view, the worst that can happen is that the Bar informs you there is no case. But they will READ your complaint and consider it without charging you a fee. This appears to be one time where your tax dollars are at work, take advantage of it.Remember, if the complaint has no merit, the Bar will write you back and tell you.

REGISTERING A COMPLAINT Do not be intimidated. Do not back down. Just do it.Obtain a complaint form from the Bar's website:in California

http://www.calbar.ca.gov/ In Florida Click Here=>>

ARE YOU THE ATTORNEY'S NEW BEST FRIEND?.For every complaint against an attorney that does NOT get filed, you become that attorney's new best friend.

Basically, reasons for not filing complaints against ass attorneys typically amount to a combination of fear and laziness on behalf of the owner. Understandably exhausted from the ordeal leading up to even "considering" the filing of a complaint in the first place, one's hands go up in the air, the file goes in a bottom drawer or in the trash, and such lawyers make a slick getaway.

Waiting to file a complaint at the Bar does not make the situation better. Waiting to file is not the same as waiting for a fine wine to age."Waiting" MAY prejudice you or if there is a statute of limitations, it may run out.

Though not referred to in these terms at the Bar, an unspoken inference might be, you waited so long YOU LOOK GUILTY. "What took you so long to complain?" "Why did you stay with your attorney if you were not happy?" "Why didn't you make your displeasure known to your attorney early on?" "Did you ask your attorney for a refund?" "Why didn't you fire him?"

A QUICK WORD ABOUT THE AMERICAN BAR ASSOCIATION"Defending Liberty - Pursuing Justice" is the motto of the American Bar Association. Owners are not limited to filing a complaint only at the State Bar, you can also file a complaint with the American Bar Association (ABA) (http://www.abanet.org

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