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Sham Grievance Committee?

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—Ïw

Junior Member
What is the name of your state (only U.S. law)? NY

I have filed a complaint vs a lawyer with a Grievance Committee (GC). First, it dismissed my complaint on the basis that it does "not state a complaint of professional misconduct", and nothing else, which is absurd. I appealed this decision to the Chairperson, briefly explaining why I think the response of the Committee misrepresented my complaint. Second, they reiterated the claim, only adding "instead [of a complaint of professional misconduct] it is about a fee dispute. Moreover the amount in controversy is below $1,000".

The fee dispute is for an amount above $1,000, and it does not obviate the allegation of professional misconduct, that they absurdly claim is nonexistant. Finally, in each case, their letter contains lengthy unnecessary reminders such as "When a complaint is received, it is reviewed..." as if to fill out the gap left by their lack of legitimate justification for dismissal.

What I see is bold stonewalling, and I interpret it as follows: the Committee is partial to the lawyer.

Three questions:

1/ About the Committee, to what body could I report my allegation? The Attorney General directly?
2/ About the lawyer: can I file a civil complaint at the County Court (given that he is a lawyer) to claim the money back?
3/ is my allegation vs the Committee the norm?!

PS: I'm giving enough context to motivate questions 1/ and 2/. If I wanted the question of whether my complaint vs the lawyer is justified or not, I would start a separate thread (maybe I already have).

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quincy

Senior Member
What is the name of your state (only U.S. law)? NY

I have filed a complaint vs a lawyer with a Grievance Committee (GC). First, it dismissed my complaint on the basis that it does "not state a complaint of professional misconduct", and nothing else, which is absurd. I appealed this decision to the Chairperson, briefly explaining why I think the response of the Committee misrepresented my complaint. Second, they reiterated the claim, only adding "instead [of a complaint of professional misconduct] it is about a fee dispute. Moreover the amount in controversy is below $1,000".

The fee dispute is for an amount above $1,000, and it does not obviate the allegation of professional misconduct, that they absurdly claim is nonexistant. Finally, in each case, their letter contains lengthy unnecessary reminders such as "When a complaint is received, it is reviewed..." as if to fill out the gap left by their lack of legitimate justification for dismissal.

What I see is bold stonewalling, and I interpret it as follows: the Committee is partial to the lawyer.

Three questions:

1/ About the Committee, to what body could I report my allegation? The Attorney General directly?
2/ About the lawyer: can I file a civil complaint at the County Court (given that he is a lawyer) to claim the money back?
3/ is my allegation vs the Committee the norm?!

PS: I'm giving enough context to motivate questions 1/ and 2/. If I wanted the question of whether my complaint vs the lawyer is justified or not, I would start a separate thread (maybe I already have).

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It sounds as if you submitted your complaint to the wrong body. If your concerns center on a fee dispute, you need to file your complaint with the Fee Dispute Resolution Program (which, as the name suggests, handles fee disputes) and not with an Attorney Grievance Committee (which would handle attorney misconduct complaints).

Here are links to both:

Attorney Grievance Committees: http://www.nycourts.gov/attorneys/grievance/complaints.shtml

Attorney-Client Fee Dispute Resolution Program: http://www.nycourts.gov/admin/feedispute/faqs.shtml

Good luck.
 

—Ïw

Junior Member
It sounds as if you submitted your complaint to the wrong body. If your concerns center on a fee dispute,
You are repeating the Committee's half truth, which I debunked as follows:

The fee dispute is for an amount above $1,000, and it does not obviate the allegation of professional misconduct, that they absurdly claim is nonexistant.
 

quincy

Senior Member
You are repeating the Committee's half truth, which I debunked as follows:
Did you take a look at the information provided through the links? FDRP is for disputes arising over amounts greater than $1000.

What attorney misconduct are you claiming?
 

—Ïw

Junior Member
Did you take a look at the information provided through the links? FDRP is for disputes arising over amounts greater than $1000.

What attorney misconduct are you claiming?
My allegations of misconduct include deceit about service provision (clerical rather than legal), improper behavior, ignoring my calls to discharge, willful neglect in the delivered document. Such that the latter is of no use to me, hence my claiming a refund (above $1,000).

In response, the Committee first responded: you did not state a complaint of prof misconduct. I contested that because it is absurd. They then said, since you asked for a refund, it is proof you did not state a complaint of prof misconduct. That's fraudulent. Hence my question: to what body/official do I file a grievance about a Grievance Committee?
 

Zigner

Senior Member, Non-Attorney
My allegations of misconduct include deceit about service provision (clerical rather than legal), improper behavior, ignoring my calls to discharge, willful neglect in the delivered document. Such that the latter is of no use to me, hence my claiming a refund (above $1,000).

In response, the Committee first responded: you did not state a complaint of prof misconduct. I contested that because it is absurd. They then said, since you asked for a refund, it is proof you did not state a complaint of prof misconduct. That's fraudulent. Hence my question: to what body/official do I file a grievance about a Grievance Committee?
I'm sorry you don't like the answers you've received so far. Perhaps if you would explain the cause of your grievance we would be able to better help you.
 

Silverplum

Senior Member
—Ïw;3295185 said:
My allegations of misconduct include deceit about service provision (clerical rather than legal), improper behavior, ignoring my calls to discharge, willful neglect in the delivered document. Such that the latter is of no use to me, hence my claiming a refund (above $1,000).

In response, the Committee first responded: you did not state a complaint of prof misconduct. I contested that because it is absurd. They then said, since you asked for a refund, it is proof you did not state a complaint of prof misconduct. That's fraudulent. Hence my question: to what body/official do I file a grievance about a Grievance Committee?
Posts #2 & 9.

...
 
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commentator

Senior Member
Quincy, I suspect this is NY sister. No, you cannot sue your attorney. Even as you cannot sue your probation officer. Is this succinct enough for you?
They absurdly claim lawyer misconduct is nonexistent.
 
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quincy

Senior Member
—Ïw;3295185 said:
My allegations of misconduct include deceit about service provision (clerical rather than legal), improper behavior, ignoring my calls to discharge, willful neglect in the delivered document. Such that the latter is of no use to me, hence my claiming a refund (above $1000).

In response, the Committee first responded: you did not state a complaint of prof misconduct. I contested that because it is absurd. They then said, since you asked for a refund, it is proof you did not state a complaint of prof misconduct. That's fraudulent. Hence my question: to what body/official do I file a grievance about a Grievance Committee?
You need to file a fee dispute with the FDRP. The FDRP will determine if there is a legitimate complaint.

Here is a link to the New York Rules of Professional Conduct. Scroll through the file to see what is considered attorney misconduct and what is not (Rule 8.3, Rule 8.4) and how to report it:
http://www.nycourts.gov/rules/jointappellate/NY-Rules-Prof-Conduct-1200.pdf

From what you have written so far, it appears you filed with the wrong body. I agree with the Attorney Grievance Committee. Try filing with the FDRP.

Good luck.



(it is possible to sue an attorney for a refund - the odds of success if the FDRP does not find the dispute has merit, though, are probably not real good :))
 
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Proserpina

Senior Member
This poster will not be happy until you hold his/her hand and agree with every single "point" s/he has written.

Just FYI.
 

quincy

Senior Member
This poster will not be happy until you hold his/her hand and agree with every single "point" s/he has written.

Just FYI.
Oh. Well, it certainly would have been easier to make Ïw happy and agree that the Attorney Grievance Committee had it all wrong and that the Committee was partial to the lawyer. :)






Not that I believe it (at least from what has been written so far).
 

—Ïw

Junior Member
I'm sorry you don't like the answers you've received so far. Perhaps if you would explain the cause of your grievance we would be able to better help you.
You are obviously stonewalling, since I explained the cause of the grievance. The onus is on you to pick out a specific sentence, and tell us which part you fail to understand. And you're not going to do it, because what I say is crystal clear.

Y would you, and the few other who responded after my last post, engage in deflecting the evident wrongdoing of this NY state Grievance Committee? Because it works, people (you're hoping me, but also bystanders) are susceptible to peer pressure. As for the motive, another type of group dynamics is involved, which goes by the name of corporatism.
 

Zigner

Senior Member, Non-Attorney
You are obviously stonewalling, since I explained the cause of the grievance. The onus is on you to pick out a specific sentence, and tell us which part you fail to understand. And you're not going to do it, because what I say is crystal clear.

Y would you, and the few other who responded after my last post, engage in deflecting the evident wrongdoing of this NY state Grievance Committee? Because it works, people (you're hoping me, but also bystanders) are susceptible to peer pressure. As for the motive, another type of group dynamics is involved, which goes by the name of corporatism.
...and there it is.



:rolleyes::rolleyes::rolleyes:
 
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