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State Bar Query

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Helen29

Guest
I filed a complaint against attorneys to the State Bar of California. 6 weeks later I received a response that stated that what the attorneys had done was criminal in nature and that the matter needed to be prosecuted criminally before any disciplinary action was taken, based on whether there was a criminal conviction. I rang the State Bar who told me that I, personally, had to take the matter through the criminal courts. At the time I was told from an outside source that it is the DA's job to do this, and he alone can only prosecute criminally. However, one of the attorneys I complained against was the DA as I have evidence that he may be corrupt. Therefore, I asked for a second review but it has been almost 8 long months and I have heard nothing. I have rung the State Bar, wrote to them and my attorney has done likewise but neither of us has received a response. The State Bar guidelines are that a decision will be given within 2 - 3 weeks. I have tried being patient and polite. I have not harrassed the State Bar simply because I do not want to be a nuisance to them believing that I may get further with patience but my patience is now at an end. I am very frustrated and I do not understand why there has been no decision or why Deputy Trial Counsel is refusing to speak to my attorney or myself throughout this 8 month period. I do not want to wait another 8 months or more and wondered if anyone who came to this board has any helpful advice that may allow me to progress this matter. For example, attend their offices in person, speak to her superior, follow another avenue (if there is one), beg!!!..... etc.

Thanks in anticipation.
 


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expatriatewoes

Guest
da corrupt

ok - well I'm not an attorney etc. but who is the DA's boss and the DA's bosses boss - ie. can you have your attorney send letters to the governor, to the press (or threaten to send to the press since a suit is a public document).. that might get some action...

I know on a state's website, sometimes there are documents which outline
statutes regarding a public officials behavior and discusses what actions can be taken in regards to corruption. They often have their own complaint system so it might aid you in addition to the ethics grievance.

Let us know what you do!
 

BL

Senior Member
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sCategoryPath=/Home/Public Services/Lawyer Discipline & Complaints


Lawyer Discipline & Complaints
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How Does the State Bar Handle Consumer Complaints?

Consumers file complaints in the Office of Chief Trial Counsel's Intake Unit. They usually call the Intake Unit's toll-free hotline (800/843-9053) or mail a letter. In almost all cases, a complaint form is asked to be filed. An inquiry is opened for every written communication that involves a complaint about an attorney's conduct. After the inquiry is evaluated, the accused attorney may be diverted out of the system, or the inquiry may be closed.

If it appears, however, that the attorney may be a repeat offender or have committed a violation where there is a serious likelihood of discipline being imposed, an investigator and a Bar prosecutor from the Enforcement Unit take over the investigation. The accused attorney is given an opportunity to respond, witnesses are contacted and documents are reviewed. At the investigation's conclusion, attorneys decide whether to dismiss the complaint, impose an informal confidential resolution or file disciplinary charges.

The Notice of Disciplinary Charges is filed in State Bar Court, where it is assigned to a hearing judge. The accused attorney then must file an answer-or risk a default judgment or involuntary enrollment as an inactive bar member. If a settlement cannot be reached, the case goes to trial in State Bar Court. After the trial, the hearing judge issues a written decision. Either side may appeal the decision to the State Bar Court's Review Department. The California Supreme Court is the final arbiter in attorney discipline cases.




According to this site, if the committee finds wrong doing , they are the ones to take action against the attorney.

Perhaps you should not let them give you the run around .

Call the Local media . One TV station in the City I live in has " Investigative reports ".

Find out who oversees the grievance committee itself . Contact them .
 
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badapple40

Senior Member
When looking at misconduct of district attorneys, who are public officials, the state legislature can begin impeachment hearings and the state attorney general can also bring an action against the prosecutor. You may want to try both angles.
 

msldystrkr

Junior Member
Take your case immediately to the Attorney General and Ethics Commission of your state. Give a complete account of the events including the State Bar investigation.... If he is a DA for a City then also take it to the county DA. Plan on meeting people that will try their best to have you go away...
 

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