Download the OSB Lawyer Complaint Form.
This is general information about standards for lawyer conduct and how the Oregon State Bar (OSB) investigates inquiries and complaints about lawyers.
Introduction
All lawyers promise to uphold the law and to comply with rules
of conduct adopted by the Oregon Supreme Court. Most lawyers
are reputable and work hard to represent their clients enthusiastically
and effectively. Lawyers who violate the rules of conduct are
subject to discipline by the Supreme Court; in very serious
cases this can mean a suspension or loss of the lawyer’s
license to practice.
The Client Assistance Office reviews all inquiries and complaints about lawyer conduct. Complaints that present sufficient evidence of a violation are referred to Disciplinary Counsel's Office. If the inquiry or complaint does not involve misconduct, the Client Assistance Office may be able to provide some assistance or a referral to another resource. Bar resources include the Fee Arbitration Program, the Client Security Fund and the Professional Liability Fund. We may also refer you to public or community resources.
What can I do if I have a problem with my lawyer?
Many problems are the result of poor communication or differing
expectations about how your case will be handled. We encourage
clients to try to work out such problems directly with the lawyer
if possible. You may need to schedule an appointment with your
lawyer to talk about the problem; you might also wish to explain
your position in a letter. Before you contact the lawyer, think
about what you want to say and how you would like to have the problem
resolved. Keep a record of when you talked to the lawyer about
the problem; also keep copies of any letters you send or the lawyer
sends you about the problem.
Can I fire my lawyer?
If you are still unhappy with your lawyer after you have talked
about the problem, you may fire your lawyer and hire another
one. Your lawyer may also choose to resign. If you fire your
lawyer
or your lawyer resigns, you are entitled to a copy of your file
and any fees you paid in advance that weren’t earned. Keep
in mind, however, that if you owe your lawyer for fees or costs
already incurred, the lawyer may be able to hold on to your file
until the money is paid. The lawyer may also be able to charge
you to copy your file.
How can the Oregon State Bar help me?
The OSB Client Assistance Office may be able to help you resolve
a problem with your lawyer that you are unable to resolve on your
own. For instance, we may be able to help you with a dispute or
misunderstanding about fees, help you get your file, or resolve
a communications problem between you and your lawyer. We can explain
and provide some general information about the legal system, the
lawyer-client relationship, and the ethical obligations of lawyers.
We can also refer you to other agencies and resources that offer
help we cannot provide. The Client Assistance Office cannot give
you legal advice and we cannot force a lawyer to resolve a problem
in any particular way. You can reach the Client Assistance Office
at (503) 620-0222 in the Portland metro area, and at (800) 452-8260
from elsewhere in Oregon.
What should I do if I think a lawyer has acted improperly?
If you think your lawyer (or any Oregon lawyer) has violated
a disciplinary rule, you can file a written complaint with the
Client
Assistance Office. We will screen your inquiry to determine if there is sufficient basis to warrant further investigation. We may refer it to Disciplinary Counsel's Office for further review. You can review the disciplinary rules contained in the
Code of Professional Responsibility
governing conduct occurring through December 31, 2004, or the
Oregon Rules
of Professional Conduct for conduct occurring from January 1,
2005 forward.
While the filing of a complaint against a lawyer is a serious matter that should not be undertaken lightly, you do not need to be an expert on the legal profession’s ethical standards to submit your concerns to the Bar. We will determine whether the lawyer has engaged in misconduct warranting disciplinary action. If not, we will try to provide some assistance for you to address the problem in some other way. If you are not sure whether your concerns involve ethical misconduct, you can call the Client Assistance Office to discuss the matter first.
If you want to file a complaint, you must put your concerns in writing. No particular form is required, although we offer a sample OSB Lawyer Complaint Form. on our website. Please print if you handwrite a complaint. Include copies of any documents that are involved if you have them. Do not send originals unless we specifically ask; we will not return documents to you. Please note that all documents received by the Bar are considered public records.
What if I think my lawyer stole my money?
The OSB Client Security Fund may reimburse a client whose lawyer
has misappropriated or stolen money or other property. The theft
must have happened during the course of a lawyer-client relationship
or while the lawyer was acting as a fiduciary in connection with
the practice of law. Information about the Client Security Fund
and forms to apply for reimbursement are available online or by
contacting the office of OSB General Counsel at (503) 620-0222,
ext. 334 or (800) 452-8624, ext. 334 (within Oregon).
What if I think my lawyers fees are unreasonable?
Sometimes a lawyers fees violate the rules of professional conduct. In these
cases, the lawyer may be disciplined. More often, however, clients believe
their lawyers fees are not reasonable because they lost their case or because
they feel their lawyers did a poor job representing them. In these cases, clients
want their lawyers fees to be reduced. The Fee Arbitration Program (FAP) offers
a way for Oregon lawyers and their clients to voluntarily resolve these kinds
of disputes over fees. Independent, voluntary arbitrators are used to help
resolve lawyer fee disputes. The person who requests arbitration must pay a
modest fee. The decision of the arbitrator is binding on the parties, subject
to only limited court review. If you would like more information on the FAP,
or would like the help of the FAP in resolving a fee dispute, please call 503-620-0222,
ext. 334 to request forms. Please be sure to include the name and location
of the lawyer involved in the dispute.
What if I think my lawyer committed malpractice?
Lawyers sometimes make mistakes. If the mistake causes a loss,
you may be able to recover through a malpractice suit. Legal malpractice
is the failure of a lawyer to represent a client in conformity
with the legal standard of care in the community. Not every bad
result or error in judgment is legal malpractice. If you think
your lawyer might have been negligent in representing you, you
should contact a lawyer who handles professional malpractice cases.
All Oregon lawyers with principal offices for the private practice
of law in Oregon have liability coverage in the event of a malpractice
claim. The OSB Referral and Information Service may be able to
give you names of lawyers in your community who handle such cases.
Call (503) 684-3763 or (800) 452-7636 (within Oregon). You may
also submit your claim directly to the Professional Liability Fund.
Additional information is available from the OSB Professional Liability
Fund at (503) 639-6911 or (800) 452-1639 (within Oregon).
How can I find out if my lawyer has had problems in the past?
OSB records concerning lawyers are public. The Oregon State Bar
can provide general information over the telephone about a lawyer’s
disciplinary history and about other inquiries concerning a lawyer.
Written records are available for public inspection by appointment.
Contact Disciplinary Counsel’s Records Clerk at (503) 620-0222,
ext. 394 or (800) 452-8260, ext. 394 (within Oregon). Disciplinary
history for individual bar members also is available through the online member directory.
Screening
All inquiries and complaints about lawyer conduct are reviewed first by the Client Assistance Office to determine if there is sufficient basis to warrant further investigation by the bar. Staff
in that
office may call you or the lawyer for additional information.
A copy of your written complaint will be sent to the lawyer
and you
will receive a copy of any written response the lawyer makes.
If there is no sufficient basis to warrant further investigation your complaint will be dismissed and you will be notified. (Even with a dismissed complaint, the Client Assistance Office may be able to help you in addressing your concerns.)
If the CAO finds that there is sufficient basis to warrant further investigation your complaint will be referred to Disciplinary Counsel's Office.
Investigation by Disciplinary Counsel’s Office
Disciplinary Counsel’s Office investigates all complaints
referred by the Client Assistance Office. You and the lawyer
may be asked to submit additional information or to respond
to specific
questions. Personal or telephone interviews may be conducted
and staff may gather information from other sources. You should
not
expect your complaint to be decided solely on the basis of
what you claim happened. Nor should the lawyer expect that
a matter
will be decided based solely on the lawyer’s version.
The final decision must depend upon the weight of all the available
evidence.
If Disciplinary Counsel’s Office does not find sufficient evidence, the complaint will be dismissed and you will be notified. You may ask for review of the dismissal decision.
If Disciplinary Counsel’s Office finds sufficient evidence, the complaint is submitted to the State Professional Responsibility Board (SPRB) for review. The SPRB is composed of seven lawyers and two nonlawyer public members. The SPRB can dismiss the complaint, send the lawyer to a diversion program, admonish the lawyer, or authorize formal charges against the lawyer. The SPRB can also refer the complaint to a Local Professional Responsibility Committee for further investigation.
Formal Charges and Hearing
If the SPRB finds that probable cause exists to believe that
a disciplinary rule violation has occurred, formal charges
may be
filed against the lawyer by the Bar. The lawyer is notified
and required to answer the charges. A trial panel is appointed
to act
as judge. Each trial panel includes two lawyers and one nonlawyer
public member; all of them are trained volunteers.
A formal hearing, much like a court trial, will be held. Evidence in the form of testimony or documents is presented to support the Bar’s charges. The accused lawyer is given the opportunity to defend the charges and confront witnesses. As in a trial, witnesses testify under oath and a record is made of the proceedings. In most cases, the person making the complaint will be called to testify at the hearing. The trial panel issues a written decision, including findings of fact, conclusions and a disposition regarding the charges.
Review by Oregon Supreme Court
When a trial panel decides a case, the panel issues a written
opinion. The panel will either dismiss the case if it concludes
no ethics violation occured, or find violations and impose
a sanction of reprimand, supervision or disbarment. At that
point, the decision becomes final unless the trial panel's
decision is appealed to the Oregon Supreme Court by either
the Bar or the lawyer. If an appeal is filed, briefs are filed
with court and the court ultimately issues a final decision
in the case.
How Long Does it Take?
The Client Assistance Office tries to perform its initial screening
and credible evidence determinations quickly and efficiently.
Disciplinary Counsel’s Office also handles investigations
and charges as quickly as possible. It is impossible to predict
how long it
will take to handle any particular complaint. Much depends
on the nature of the complaint and whether or not the facts
are
disputed.
You will be kept informed of the outcome of your inquiry or
complaint.
Some Things You Should Not Expect
Reimbursement for Damages or Loss. You should not expect, as a result of an inquiry or complaint about a lawyer, that you will receive any money or reimbursement of loss except as may be available in a claim to the Client Security Fund or through the lawyer’s malpractice coverage or other civil claim. Keep in mind that those claims are not part of the investigation of lawyer conduct but are separate and distinct matters.
Legal Advice. We cannot give you legal advice or represent you in your underlying legal matter. Other than through the Referral and Information Service, we cannot recommend a lawyer for you.
Out of State Lawyers. The Oregon State Bar has authority only over the conduct of OSB members or lawyers who have been granted special admission for a limited purpose. If you have a complaint against a lawyer licensed in another state, contact the lawyer regulatory agency in that state for information on making a complaint. Contact information for most jurisdictions is available online. We maintain records of all lawyers licensed in Oregon; you may search our member directory to confirm whether a lawyer is admitted to practice in Oregon. If you are not sure which state has authority to address the complaint, you may contact the Client Assistance Office for information.Nonlawyers. Only lawyers may practice law, including selecting and drafting legal documents; appearing for another person in court; or providing legal advice or services to another person on any matter involving the application of legal principles to a specific situation. The Oregon State Bar’s Unlawful Practice of Law Committee is authorized to investigate complaints that a nonlawyer is practicing law, and may seek restitution for victims in a proceeding to enjoin the unlawful practice. If you wish to make a complaint about nonlawyer practice, contact OSB General Counsel's office at (503) 620-0222, ext. 334 or (800) 452-8624, ext. 334 (within Oregon) for information about how to present your complaint.
Rude and Unprofessional Behavior. The Oregon State Bar does not have authority to discipline lawyers who are rude or discourteous. Poor customer service is generally not an ethical violation. If your lawyer’s rude or unprofessional behavior is affecting your lawyer-client relationship, the Client Assistance Office may be able to help.Personal Matters. The Bar generally does not investigate matters that arise in a lawyer’s personal life, such as disputes with neighbors, creditors or spouses. If you are unsure whether the lawyer’s personal conduct involves professional misconduct, you may contact the Client Assistance Office.
Judges. The Bar does not generally have authority to investigate the conduct of judges for acts in the course of their judicial duties. Complaints about a judge may be sent to the Commission on Judicial Fitness & Disability, P.O. Box 1130, Beaverton, OR 97075.
Download the OSB Lawyer Complaint Form.