The legal profession is heavily regulated in North Carolina. The State Bar will collect complaints and investigate them. Although many of these complaints are frivolous and quickly disposed of, other complaints can turn into a full-scale investigation.
Contact Remington & Dixon, PLLC if you have any questions or if you have received a letter from the Bar. Our Charlotte professional license defense attorney has handled many professional license defense cases. We can discuss your case in a private consultation.
Common NC Bar Association Complaints
Clients might be angry about any number of things and reach out to the Bar to file a complaint or grievance, but the following are common complaints:
1. Billing Disputes
Many complaints to the Bar are related to billing. Clients often complain that the bill includes charges that they never agreed to or that the billing rate is higher than anticipated. Lawyers should provide a written fee agreement at the start of the representation, but some lawyers skip this step.
2. Misuse of Client Funds
Other disagreements arise where the lawyer mishandles client funds. These funds could include retainers, settlement checks, or monthly advances. Lawyers should use these funds only for their intended purpose, which is usually spelled out in a fee agreement.
For example, a lawyer might transfer all of a retainer to their personal bank account and start using it to pay their personal bills. That is a mistake. They should instead deposit the retainer in a trust account and then only withdraw what they have earned.
More serious forms of misuse include outright stealing money from a client or borrowing from the client’s funds to cover temporary expenses. Any misuse could result in a complaint to the North Carolina State Bar.
3. Poor Communication
Lack of communication makes up another large number of complaints against attorneys. Often, clients have wildly different expectations for the amount and regularity of communication from their lawyer. They might expect weekly updates, or they want to call on the phone and talk for half an hour.
A lawyer might not quickly return a phone call or respond to an email. Sometimes, nothing has happened in a case that is experiencing a lull, so there is nothing to share with the client. Nonetheless, the client is angry and feels their case is being ignored.
4. Failure to Keep Client Confidences
Some clients file complaints alleging their lawyer revealed something confidential to the other side. That is a breach of ethics. Of course, a lawyer must disclose certain information to make out a valid legal complaint.
Contact our office to discuss your situation. Did you really disclose something confidential? We can review the facts.
5. Rudeness
Some clients file complaints when they feel a lawyer has been rude to them. In reality, the lawyer might have simply been “short” with the client and tried to get them off the phone, but the client wants to complain.
To be sure, the Rules of Professional Conduct require that lawyers treat everybody with respect. That is a message from the preamble to the Rules.
6. Lack of Diligence
An alleged lack of diligence is another source of NC Bar Association complaints. For example, you might have to reschedule a hearing due to a conflict, or you are waiting to hear back from the other side in personal injury negotiations.
Clients admittedly think their case should be resolved much quicker than it is. This misconception leads to many frivolous complaints to the Bar regarding a lawyer’s negligence. Often, complaints about a lack of diligence can be disposed of quickly.
However, the client might have a valid point if you miss hearings or deadlines. If your lack of diligence impairs the client’s rights, then the complaint is serious.
7. Failure to Follow Client Instructions
The client has the power to make critical decisions around strategy or representation. For example, the client decides whether they want to settle a claim and for how much. One area of complaint is that the lawyer has not followed the client’s instructions.
What Happens When You Report An Attorney to the Bar
After the Office of Counsel receives a complaint, it will initiate a preliminary review to see if the alleged conduct might qualify as a violation of the Rules of Professional Conduct. If not, they can dismiss the grievance quickly.
Otherwise, the Office of Counsel will send a Letter of Notice to a lawyer, which summarizes the allegations. A lawyer is invited to respond.
At this point, you should certainly reach out to hire a professional license defense attorney. We can help think through how to respond and preserve evidence. We can also represent you in any investigation from the Bar. It is critical not to turn over too much information and to ensure your rights are respected.
Your license is on the line. The Bar can take various actions if it finds that a complaint is supported. One option is to suspend your license, which will prevent you from legally practicing law.
Contact Us
Remington & Dixon, PLLC can meet to discuss the complaint and hear your side of the story. No attorney should ever handle a complaint without consulting with another attorney. Get the legal help you need. Contact us to schedule a consultation. We serve Charlotte and all of North Carolina with these types of cases.
