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Attorney Discipline

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BigSal:
After one wins an FDCPA claim against an atty, I was thinking it would be interesting to send a copy of the judgment and a complaint to the bar authorities as a violation of the Rules of Professional Conduct.  That way, the attorney will also have to defend their conduct to the local bar in addition to having to cough up some cash defending against the FDCPA violation. 

Defending against multiple complaints should slow them down some.  Plus, the lawyer is responsible for the conduct of their underlings.

Any thoughts?

kevinmanheim:
A bar complaint is nothing but an annoyance to an attorney.

They report them to their malpractice insurer, and spend time answering the complaint.

Other than that, don't expect the bar to do anything about the complaint. A few months after filing it, you'll receive a letter from the bar telling you they found no violation by the attorney.

CleaningUp:
I basically agree with what KM has said.  It's an annoyance much like a mosquito is to an elephant.

However...

That is not to say that filing a complaint is the worst thing in the world to do.

Many bar associations will look to see how full the bucket is on complaints about the attorney, and, who knows, your complaint may well be the one that makes the bucket overflow.

If the complaint is filed with the expectation that nothing is going to happen, one might end up being pleasantly surprised  if and when the bar association elects to deal with the puddle that is made.

If one elects to file a complaint, it is best to stick to the facts and leave out the phony moralizations.  Draft the complaint so that the bar association has no other conclusion to draw except professional misconduct...

...just like you draft a complaint for the court so that the judge has an inescapable conclusion to draw.





Notice how things keep coming back to that bit that the admins keep pressing about writing and grammar and spelling so that whatever point(s) you are trying to get across actual do?

cbarnett97:

--- Quote from: CleaningUp on November 30, 2011   10:30:27 PM ---I basically agree with what KM has said.  It's an annoyance much like a mosquito is to an elephant.

However...

That is not to say that filing a complaint is the worst thing in the world to do.

Many bar associations will look to see how full the bucket is on complaints about the attorney, and, who knows, your complaint may well be the one that makes the bucket overflow.

If the complaint is filed with the expectation that nothing is going to happen, one might end up being pleasantly surprised  if and when the bar association elects to deal with the puddle that is made.

--- End quote ---
+1 as long as you do it not having visions of the attorney losing sleep over it

samir:
If a bullet donít hit you, it will leave residue. Complaining to the Bar Association, may not do good now, but will get his attention,. 

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