How to Write a Complaint Letter to an Attorney
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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When you hire an attorney to handle a particular legal matter, you are creating a relationship that comes with certain rights and responsibilities. [1] X Research source If you feel your rights have been violated by the attorney you hired to represent you, you may be able to write a letter or file a complaint against that attorney. [2] X Research source
Part 1 of 5:
Determining the Grievance You Have
- For example, in New York, you can make a complaint against a lawyer even if you have not hired them. [3] X Research source
- Also, in Washington, you can make a complaint against your present attorney, your past attorney, or even opposing counsel. [4] X Research source
- Your lawyer is holding money for you and will not return it to you or provide you with an accurate accounting of how it was spent;
- Your lawyer consistently does not respond to inquiries about your case, inform you of court dates, or appear in court;
- Your lawyer does not tell the truth or asks you to lie;
- Your lawyer fails to do what they say they will do or does not perform their duties in a timely manner.
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- Your lawyer's personal life (e.g., disagreements with neighbors, creditors, or spouses).
- Your belief that your lawyer generally did a bad job. [5] X Research source
- Your belief that your lawyer was rude. [6] X Research source
- Your lawyer made a single, honest mistake. [7] X Research source
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Part 2 of 5:
Writing a Complaint Letter
- While this is your first option, if the informal complaint letter does not lead to the outcome you desire, you may have to file a formal complaint against your attorney.
- Your contact information, so your attorney can get in touch with you. Also, you should request a response from the attorney within a specified period of time. [9] X Research source
- A clear statement of your complaint. This should be towards the top of your letter and should lay out exactly why you are dissatisfied. For example, if you believe the lawyer has lied to you, clearly state that you believe they have been dishonest.
- An easily understood statement of facts that back up your complaint. For example, if you believe your attorney has been dishonest with you, walk them through the facts that lead you to believe this. Include as much information as possible, including times, dates, and places.
- A request for relief. At the end of your letter, you should request some sort of relief that will satisfy you. Make sure the relief you ask for is reasonable, as an attorney will be much more likely to oblige if you do so. For example, if you believe your attorney has been dishonest with you, you may want a written apology and then you may want to find a new attorney to handle your case. Note here that you never need your attorney's permission to fire them; you can do this whenever you want.
- If your complaint is about money (e.g., excessive fees or the return of unused funds), you might ask for the funds back.
- Always keep a copy for your own personal records.
- If your attorney fails to respond at all, your letter can be used as evidence during the formal complaint process. [11] X Research source
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Part 3 of 5:
Preparing a Formal Complaint
Protect your rights. Once you have exhausted all informal options, including writing a complaint letter to your attorney, you may have to resort to filing a formal complaint in order to resolve your issue. While it is not necessary to hire an attorney to help you with the formal complaint process, it may be advantageous to do so. For one thing, you might have other legal options apart from a formal complaint. An attorney will help you assess your options and can help you make important decisions about how to proceed against your other attorney.
- However, while any complaint alleging an ethical violation should be brought to your state bar's attention, if you are claiming that your attorney is doing something criminal, you need to contact the district attorney's office. [13] X Research source For example, if you believe your attorney is engaged in the unauthorized practice of law, you need to contact the district attorney's office because, if found to be true, the unauthorized practice of law is a crime.
- If you believe your attorney has engaged in any criminal activity, you can contact the district attorney's office directly and inform them of your complaint. [15] X Research source This can usually be achieved with a phone call or an in-person discussion, and there is usually no form to fill out.
- Your contact information;
- The lawyer's contact information who you are complaining about;
- A description of the relationship between you and the lawyer (e.g., client, past client, opposing lawyer);
- Whether there is a court case associated with your grievance, and if so, what the case name and file number is;
- An explanation of your grievance, which includes a description of what happened;
- Attachments of any relevant documents, which might include written fee arrangements and any other correspondence between you and your attorney.