Reporting a lawyer may seem like a difficult task, but in reality there are precise procedures to follow to assert your rights. The complaint is an important tool to protect citizens from the misconduct of lawyers, but it is necessary to know when it is possible to do it, how to collect the necessary evidence and how to present it to the Bar Association. In this article we will see step by step how to proceed if necessary
.
Table of Contents:
When is it possible to report a lawyer
It is possible to report a lawyer when the lawyer commits a disciplinary offence. The disciplinary offence may concern the violation of the professional obligations established by law or by the lawyers’ code of ethics, such as the lack of diligence in customer assistance, the lack of confidentiality of the information received, or the violation of professional secrecy. In any case, in order to file a complaint, it is important to have certain and documented evidence that proves the offence committed by the lawyer. In addition, it is possible to contact the Bar Association even in the case of unprofessional behavior, such as the request for excessive compensation or the assumption of an incorrect or prevaricating attitude towards
the client.
How to collect evidence for the complaint
In order to file a complaint with the Bar Association, it is essential to collect all the evidence necessary to prove the offence committed by the lawyer. Evidence may consist of documents, audio or video recordings, witnesses, e-mails, or any other element that may prove the violation of the lawyer’s professional obligations. It is important that the evidence is clear, detailed and easily accessible, so that the Bar Association can assess the situation precisely. In addition, it is always advisable to contact another lawyer to obtain a professional opinion on the soundness of the complaint and on the validity of
the evidence collected.
How to file a complaint with the Bar Association
Once the necessary evidence has been collected, it is possible to submit the complaint to the Bar Association competent by territory. The complaint can be filed directly at the headquarters of the Order, or sent by registered mail with a return receipt. It is important that the complaint contains all the information useful to assess the situation, such as the data of the complainant lawyer, the disputed facts, the evidence in support of the complaint and the references of the complainant. In addition, it is possible to attach documents and other useful elements to the complaint to prove the offence committed by the lawyer. Finally, it is important to remember that the complaint must be filed in compliance with the deadlines established by law and by the lawyers’ code of ethics
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How does the Bar Association proceed after the complaint
After receiving the complaint, the Bar Association initiates disciplinary proceedings to assess the situation and decide if the complainant lawyer has committed a disciplinary offence. The procedure involves the opening of an investigation, during which the complained lawyer is heard and has the opportunity to present his defenses. Afterwards, the Bar Association issues a decision, which may be a disciplinary sanction, suspension or removal from the bar register. It is important to remember that the entire process can take a long time, even several months, depending on the complexity of the situation and the availability of the parties involved
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What to do if you are dissatisfied with the decision of the Bar Association
If you are dissatisfied with the decision of the Bar Association, you can file an appeal with the National Bar Council within 30 days of notification of the decision. The appeal must be reasoned and contain all the evidence to support your position. The National Bar Council, after considering the appeal, may confirm or modify the decision of the Bar Association. In addition, it is possible to apply to the judicial authorities to obtain compensation for damages suffered as a result of the lawyer’s disciplinary offence. In any case, it is important to rely on another lawyer who is an expert in the field to assess the validity of your arguments and to obtain professional support
during the proceedings.
In summary, reporting a lawyer can be a delicate operation but necessary to protect your rights. Knowing the procedures to follow and having the necessary evidence available are the first steps to an effective complaint. If you are dissatisfied with the decision of the Bar Association, you can file an appeal with the National Bar Council or contact the judicial authorities
.
