Home

Client Assistance & Grievance

Client/Attorney Assistance

Grievance Questions and Answers for the Public

What is the grievance system? Should I file a grievance with the State Bar of Texas? What the Grievance System Cannot Do How Do I File A Grievance? Grievance Form (PDF) For information on how to download Adobe Acrobat, please click here. What Happens after I File My Grievance?

What is the grievance system? To maintain the ethical standards of the legal profession in Texas, the grievance system is designed to protect the public from unethical lawyers. Lawyers are held accountable to a set of rules called the Texas Disciplinary Rules of Professional Conduct. Lawyers who violate those rules are prosecuted under a set of rules called the Texas Rules of Disciplinary Procedure. Much like the criminal system, you, as the aggrieved, are not a party to the disciplinary action. The system protects all members of the public, and you should report attorney misconduct in order to keep that attorney from harming others. To download these two sets of rules click here, Texas Disciplinary Rules of Professional Conduct (PDF) and Texas Rules of Disciplinary Procedure (PDF). For instructions on how to download Adobe Acrobat, click here. Allegations of misconduct by an attorney are very serious, and are reviewed carefully by the Office of the Chief Disciplinary Counsel. If you believe that an attorney has violated the Texas Disciplinary Rules of Professional Conduct, you may report this information to the State Bar in the form of a grievance. Not every disagreement with an attorney involves professional misconduct. Just because an attorney loses a case or gives advice you disagree with or feel is wrong does not mean the attorney has violated a disciplinary rule. There are other legal avenues, such as civil court, which may resolve these differences. Some examples of Texas Disciplinary Rules of Professional Conduct violations are:
Conviction of a serious crime or other criminal act; Engaging in fraud, deceit or misrepresentation; Obstructing justice;

Influencing improperly a government agency or official; Engaging in barratry; and Practicing law when the lawyer is on inactive status or has been suspended.

Malpractice and attorney misconduct are not necessarily the same. An attorney can commit legal malpractice and not be in violation of the disciplinary rules, or can be in violation of the disciplinary rules without having committed legal malpractice. You should consult with a reputable attorney to help you decide if there are remedies other than filing a grievance. Should I file a grievance with the State Bar of Texas? You should not file a complaint to force an attorney to take action on a case or to gain an advantage in dealing with an attorney. There are rules that prohibit attorneys for reporting other attorneys solely for these reasons.You should not file a grievance in place of talking with your attorney. The grievance system is adversarial and is not a forum for attorneyclient communication. If you are having problems talking with your attorney or he or she is not handling the matter in the manner you desire, please try to discuss your concerns with him or her. Many times these problems can best be handled outside of the attorney grievance system. In deciding whether to file a grievance, please be mindful of what the grievance system is unable to do for you. The State Bars Grievance Information helpline (1-800-932-1900) can assist you In determining whether to report the conduct of the lawyers and whether other resources might be beneficial. Back to Top What the Grievance System Cannot Do The State Bar of Texas' attorney grievance system was designed to sanction attorneys for professional misconduct. It cannot act as a liaison between you and the attorney. The grievance system also cannot:
Award damages; Force an attorney to proceed with a case; Provide you with another attorney; Provide legal advice; Solve a fee dispute; Alter the decision made in a civil or criminal matter; or Substitute for civil or criminal remedies.

These concerns must be handled in another forum, separate from the State Bar's attorney grievance system. If you are concerned with the fee arrangement established with your attorney, many local

bar associations which are not affiliated with the State Bar have set up fee dispute committees to work with clients and their attorneys. Your local bar association's phone number can be found in your local telephone directory or on the State Bar website. The State Commission on Judicial Conduct has a separate process for reviewing complaints against judges. State Commission on Judicial Conduct PO Box 12265 Austin, Texas 78711-2265 512-463-5533 Back to Top How Do I File A Grievance? The first step in filing a grievance is to complete a grievance form and mail it to the State Bar Chief Disciplinary Counsels office. If you have obtained a grievance form from the State Bar, it should be mailed to the address shown at the bottom of the form. If you have printed a grievance form from the State Bar's website (www.texasbar.com), mail the grievance form to the State Bar office closest to you. Click here for a list of Chief Disciplinary Counsel offices. Please be sure to send with your grievance form copies (not originals) of any documentation such as letters or pleadings that you believe are important in understanding your grievance. If you are reporting the conduct of a lawyer who is or was representing you in a legal matter, it is very important to know that signing the grievance form waives the attorneyclient privilege that would otherwise keep discussions between you and your lawyer confidential. Waiver of this privilege is necessary for the State Bar to review your grievance in its entirety. Back to Top What Happens After I File My Grievance? After your grievance is received, an investigator in the Chief Disciplinary Counsel's Office reviews it. The investigator is looking for information that, if proven, alleges a violation of the Texas Disciplinary Rules of Professional Conduct. Not every disagreement with an attorney involves a violation of the Rules. If there is not an allegation of professional misconduct, the matter will be classified as an "inquiry" and dismissed. You will be notified of this decision. Classification decisions may be appealed by the Complainant (you) to the Board of Disciplinary Appeals, and their decision is final. If the grievance alleges a rule violation, the grievance is classified as a "complaint." The attorney in question is informed of the complaint and asked to respond within 30 days. The Chief Disciplinary Counsel investigates the matter and based on its findings, the

matter is presented to a Summary Disposition Panel or proceeds to litigation. Please see the Attorney Complaint Information Brochure for answers to common questions about the complaint process. Confidentiality Information about a pending grievance against a lawyer is confidential and not subject to disclosure unless it is ordered by a court to do so or the lawyer complained about waives confidentiality. However, if the lawyer is found to have committed professional misconduct and receives a public sanction, information about the grievance is no longer confidential. All dismissed grievance files are eventually destroyed by the Chief Disciplinary Counsel. Confidentiality of grievance committee records, which are not subject to the Public Information Act, are addressed by Rules 2.11, 2.15, and 15.10 of the Texas Rules of Disciplinary Procedure.