Lawyer Discipline in Washington

Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
206-727-8207
800-945-9722
Fax: 206-727-8325

Introduction

This information sheet is for anyone who is considering filing, or who has filed, a grievance with the Washington State Bar Association.  It is published as a public service to explain the lawyer discipline process and related topics.  The Washington State Bar Association is an extension of the Washington State Supreme Court, which regulates lawyer conduct.  The Washington State Bar Association is not funded by taxpayer money.  It is funded by fees paid by lawyers licensed to practice law in Washington State.

Filing a grievance is a very serious matter because you are charging a lawyer with unethical conduct.  Before you file a grievance with us, please consider resolving your dispute directly with the lawyer.  A lawyer may refuse to continue to represent you after you have filed a grievance against him or her and you may need to find a new lawyer.  If you have a disability, or need assistance in filing a grievance, please call us and we will take reasonable steps to accommodate you.

What We Can Do

Our only authority is to discipline a lawyer and our resources are limited.  Each grievance is evaluated by the Office of Disciplinary Counsel to determine if it contains facts that may show a violation of the Rules of Professional Conduct and what, if any, further action is warranted. The rules can also be obtained from our office.

If we evaluate your grievance and decide that there has been no violation of the rules or that we will not further investigate your grievance, we will tell you why. A three-member Review Committee of the Disciplinary Board, which consists of both lawyers and non-lawyers, can review our decisions.  If we investigate your grievance and believe there is enough evidence to warrant further action, a recommendation will be sent to a Review Committee of the Disciplinary Board for its consideration.

What We Can't Do

Reimbursement: Disciplinary proceedings are not a substitute for your own lawsuit against the lawyer.  Therefore, in general, you should not expect to receive any money or reimbursement for monetary loss as a result of filing a grievance.

Legal Advice: We cannot give you legal advice or represent you, nor can we recommend a lawyer for you.  If you need a lawyer, please check with your local bar association for information on its lawyer referral service.  The telephone number for the King County Bar Association Lawyer Referral Service is (206) 623-2551 and its web site is www.kcba.org.

Non-Members: If your grievance involves a non-lawyer who is not affiliated with a licensed lawyer, or a lawyer who is not licensed to practice in the State of Washington, we recommend that you contact the Practice of Law Board by calling (206) 727-8252 or online through www.wsba.org. We maintain records of all lawyers licensed with us.  You may call (206) 727-8207 to inquire about a lawyer's membership status.

Fee Disputes: Generally, you should not expect us to discipline your lawyer to resolve a fee dispute. Discuss your concerns about fees with your lawyer.

Rude Behavior: You should not expect us to discipline a lawyer for conduct that you perceive to be rude or discourteous.  Usually, poor customer service does not constitute an ethical violation.

Related Cases: Generally, we will defer action on your grievance if there is related pending litigation. 

Opposing Lawyer: Many grievances are filed against an opposing party's lawyer.  Although you may disagree with an
opposing lawyer's conduct, particularly if it has a negative impact on you, the lawyer's conduct is not necessarily unethical.

Personal Matters: We typically do not investigate matters arising from a lawyer's personal life, such as disputes with neighbors, creditors or spouses. 

Judges: We generally do not investigate complaints against judges. The Commission on Judicial Conduct has been created to consider complaints about a judge's or court commissioner's alleged misconduct or disability. These complaints should be sent to the Commission on Judicial Conduct, P.O. Box 1817, Olympia, Washington 98507; telephone (360) 753-4585; www.cjc.state.wa.us.

COMMON COMPLAINTS

Errors in judgment: Many grievances we receive involve disagreements about the way a case should be handled, or should have been handled, but do not involve ethical violations. Similarly, a grievance about a mistake or an error in judgment may not necessarily involve an ethical violation.
 
File disputes: A lawyer may keep your file by claiming a lien, but a lawyer may not withhold your file if this would materially interfere with your legal interests.  If your lawyer will not give you your file, you should consider talking to another lawyer about resolving this problem.  If you are considering filing a grievance against your lawyer about a file dispute, please first call our office.  Additional information is available in our brochure Communicating with Your Lawyer.

Communication problems: If your lawyer is not returning your telephone calls, write to your lawyer and ask him or her to call you.  If you do not receive a response, and you are considering filing a grievance against your lawyer about a communication problem, please first call our office.  Additional information is available in our brochure Communicating with Your Lawyer.

Mishandling of money or property: The Rules of Professional Conduct contain strict rules regarding the handling of client funds and property.  If, after making reasonable inquiry of your lawyer, you think that your lawyer has not followed these rules, you need to act immediately: file a grievance with our office, contact your local police department or prosecuting attorney, and seek independent legal advice regarding your legal rights.  If you believe that a lawyer has taken funds or property from you dishonestly, you may be eligible for some compensation from the Lawyer's Fund for Client Protection.  Application forms are available by calling (206) 443-9722 or online through www.wsba.org.  Since time limits may apply, you should act promptly.

YOUR RIGHTS AND DUTIES ON FILING A GRIEVANCE

To discuss filing a grievance, call us at (206) 727-8207.  Your grievance must be written and signed.  We prefer that you use our grievance form, which contains additional instructions.  There is no fee for, or time limit on, filing a grievance.

Your grievance will be handled in a manner that is fair to you and to the lawyer involved.  Generally, by filing a grievance with us, you consent to disclosure of the contents of your grievance to the lawyer and to others contacted in the investigation, and to disclosure by the lawyer and others contacted in the investigation of relevant information.  If you have questions about confidentiality, you should call us to discuss this before filing your grievance. 

Grievances filed with our office are not public information when filed, but your grievance may become public.  Usually, the lawyer will receive a copy of your grievance.  If the lawyer responds to your grievance, you generally will receive a copy of the lawyer's response.  If we determine that it is appropriate to investigate your grievance, we will give you the name of the person investigating your grievance and you will have a reasonable opportunity to speak with that person.

If your grievance is investigated, it is difficult to predict how long it will take to complete the investigation.  We sometimes assign cases to volunteer lawyers (called "Adjunct Investigative Counsel") to investigate on our behalf. You may be asked to participate in one or more interviews or to submit additional information.  You generally have a right to attend any hearing conducted into the grievance and you may be called as a witness and asked to testify under oath.  We can recommend, after a public hearing, that a lawyer receives an admonition or reprimand, that a lawyer's right to practice law is suspended, or that a lawyer be disbarred.
 
When you file a grievance with us, you also have some duties. You have a duty to furnish us with relevant documents and a duty to provide us with the names and addresses of relevant witnesses.  You have a duty to assist us in securing evidence and a duty to appear and testify at any hearing.  If you do not meet your duties, we may dismiss your grievance.

If your grievance is dismissed, you have a right to dispute that dismissal and request reconsideration.  On receipt of a request for review, the Office of Disciplinary Counsel may, at its option, either reopen the investigation or forward your request for review to a Review Committee of the Disciplinary Board.  Any request for review of a dismissal must be in writing and must be mailed or delivered to us within 45 days of the dismissal date.  If your grievance is dismissed, your file will be destroyed three years after the dismissal first occurred.