The State Bar/discipline

[momm2500]

What is the name of your state (only U.S. law)? PA

If I report an attorney to the state bar/disciplinary board for professional misconduct (dishonesty, fraud, misrepresentation); can that attorney come after me? can he sue me? should i seek legal counsel first before reporting this attorney?

 

[quincy]

You should not have a problem reporting an attorney to the State Bar as long as you avoid labeling the actions you are complaining about as fraud, misrepresentation and dishonesty.

In your grievance, detail ONLY what the attorney did in your case that you found objectionable. State ONLY facts. Do NOT embellish these facts. Do NOT use potentially defamatory terms to describe his actions. Stick strictly to the truth of his actions and do not imply any false fact. And do NOT draw conclusions from the facts you present.

Let the Board form their own conclusions on the attorney's conduct, based on the facts you present and the Board's subsequent investigation into the matter. You will be notified if a hearing is scheduled.

And it would not hurt for you to have an attorney review your complaint prior to filing it.

 

[momm2500]

Thank you and yes I would not indicate those things in my letter. My evidence is enough on its own and the PA state notary board directed me to send all the evidence to the bar/discipline board since they felt that the attornies involved should be reported on. (notary let someone else forge a signature on a legal document and the attornys signed off stating they witnessed it) Should I wait till the discpline board makes their decision before I go after the attornys malpractice insurance? Would I need a lawyer for that? Are there attornys out there that would help me with that?

 

[quincy]

I wanted to add that being sued by an attorney because you filed a grievance against him, if the grievance was filed in good faith, would be rare - but when you are dealing with attorneys, you just never know.

The ABA Model Rules for Lawyer Disciplinary Enforcement Rule 12 states: Communications to the board, hearing committees, or disciplinary counsel, relating to lawyer misconduct or disability, and testimony given in the proceedings shall be absolutely privileged, and no lawsuit predicated thereon may be instituted against any complainant or witness.

This, however, is the model rule, and attorneys have filed suit for defamation over grievances filed which, although their suits may not have had merit, can still be extremely costly for the defendant in such an action. Also, absolute privilege does NOT cover comments you may make to others about this attorney, and upon these comments outside the grievance complaint he can, potentially, build a defamation action.

You have two years in Pennsylvania to file an attorney malpractice suit. Generally a board decision will come before that. A sanction against the attorney can help you with your malpractice suit, so you may want to wait to see what actions, if any, are taken against the attorney. However, consulting with an attorney about a suit now would probably be wise. He can advise you best on the best timing for legal action.

Yes, there are attorneys who will take a case filed against another attorney, especially if the case has merit. And I think you will do best with an attorney handling your action. Pro se's almost always regret being a pro se, as the time and effort that needs to be invested in researching laws and procedures can be extensive, and legal missteps can be costly (missing one deadline can doom your action, for instance). The cost of hiring a professional, although high, is often worth it - and you tend to discover this when you find yourself up against attorneys who know all of the ropes and the rules and the laws.

You can go to the Pennsylvania Bar Association's website for direction on locating an appropriate attorney in your area. And, do be careful what you say to others about this attorney. Stick to only the facts and the truth and you should be okay.

Good luck.