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Q: Pa Lawyer Problem ( Answered,   2 Comments )
Question  
Subject: Pa Lawyer Problem
Category: Miscellaneous
Asked by: marie4321-ga
List Price: $50.00
Posted: 18 Mar 2003 08:56 PST
Expires: 17 Apr 2003 09:56 PDT
Question ID: 177751
I want to make a complaint against a lawyer through the Pa. Supreme
Court disciplinary board.  I have their form. Is there anyway I can
see how others have written their complaints? Do they refer
specifically to the part of the code that they felt was relevant?
Answer  
Subject: Re: Pa Lawyer Problem
Answered By: juggler-ga on 18 Mar 2003 14:24 PST
 
Hello.

Yes, it is possible to see how someone else's complaint was written to
the Pennsylvania Supreme Court's disciplinary board. The National
Legal and Policy Center features an example of such a complaint on its
web site. See:
http://www.nlpc.org/olap/aflcio/rlt-pabar.htm

You can use their complaint as a model for your complaint. And, yes,
they do refer specifically to the part of the code that they felt was
relevant.

You might consider using their complaint as a model for your
complaint. For example:

"(1) NATURE OF COMPLAINT
(Explain what you want the discipline board to do (e.g., disbar,
suspend, punish the lawyer) Example from National Legal and Policy
Center:

"In order to protect the public, the profession and the courts, I
request that Respondent-Attorney [insert name of attorney] be
disbarred from the practice of law in the Commonwealth of
Pennsylvania.

This is a formal complaint under the Pennsylvania Rules of
Disciplinary Enforcement of the Supreme Court of Pennsylvania to
request that the Disciplinary Counsel initiate an investigation into
the conduct of Respondent-Attorney[insert name of attorney] pursuant
to the procedure outlined in Rule 208. Pa.R.D.E. Rule 208 (2000)."


"(2) JURISDICTION
(Explain why the attorney is subject to the board's discipline)
Example from National Legal and Policy Center:

Attorney[insert name of attorney] is subject to the 'exclusive
disciplinary jurisdiction" of Supreme Court of Pennsylvania and its
Disciplinary Board because he.. has engaged in "acts . . . which . . .
constitute the violation of these rules." Pa.R.D.E. Rule 201(a)(3)
(2000)."

(3) CONNECTION TO RESPONDENT-ATTORNEY
Explain your connection to the attorney. 
For example:
 "I, the Complainant, employed Respondent-Attorney [insert name of
attorney]."

(4) STATEMENT OF FACTS

(Explain what the lawyer did.)

(5) ARGUMENT

(Here's where you'd insert reference to parts of the code that you
believe were violated. You might consider using)
Examples from National Legal and Policy Center:

"1. Respondent-Attorney [insert name of attorney] Has Apparently
Violated Rule 8.4(c)
Rule 8.4(c) states: 'It is professional misconduct for a lawyer to: .
. . (c) engage in conduct involving dishonesty, fraud, deceit or
misrepresentation.' Pa.R.P.C. Rule 8.4(c). "

"2. Respondent-Attorney  [insert name of attorney] Has Apparently
Violated Rule 8.4(b)
Rule 8.4(b) states: 'It is professional misconduct for a lawyer to: .
. . (b) commit a criminal act that reflects adversely on the lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects.'
Pa.R.P.C. Rule 8.4(b). The rule does not require a lawyer to be
convicted..."

(6) CONCLUSION
(Summmarize your case in a few sentences)
Example from National Legal and Policy Center:

"Respondent-Attorney... has committed professional misconduct pursuant
to Rules 8.4(b)-(c) of the Pennsylvania Rules of Professional Conduct.
Thus, Respondent-Attorney's alleged professional misconduct should be
investigated by the Disciplinary Counsel."

Source for all quoted material from: 
National Legal and Policy Center: Trumka PA Bar Complaint, hosted by
nlpc.org
http://www.nlpc.org/olap/aflcio/rlt-pabar.htm

search strategy: "disciplinary board", complaint, lemoyne

I hope this helps.
Comments  
Subject: Re: Pa Lawyer Problem
From: journalist-ga on 18 Mar 2003 09:31 PST
 
I could find no pre-written example but the link below may be of
interest to you.

Complaint Form, PA Lawyers Fund for Client Security
http://216.239.33.100/search?q=cache:2Q1JDnjO8usC:www.palawfund.com/Downloads/Statement%2520of%2520Claim%2520Form.pdf+%22formal+complaint%22+against+pennsylvania+attorney&hl=en&ie=UTF-8
Subject: Re: Pa Lawyer Problem
From: expertlaw-ga on 18 Mar 2003 18:11 PST
 
As usual, juggler-ga impresses me with his ability to find just about
anything on the web.

The format of the complaint on the "National Legal and Policy Center"
website is a good one, albeit significantly more formal than the
grievances I have seen. Don't get me wrong - a formal, organized
structure is a good thing. Just don't get intimidated by the level of
detail or the case citations they provide.

I do suggest some caution in the "Nature of the Complaint" section,
should you choose to follow that format. Unless the conduct is truly
egregious, I would suggest a more moderate tone, such as, "In order to
protect the public, the profession and the courts, I request that
Respondent-Attorney be disciplined in accord with the rules and
policies of this Board".

In my opinion, it is good practice to recite specific rules from the
code of ethics, backed up by specific explanation of how those rules
were violated. This is what the "National Legal and Policy Center" did
in its Argument section.

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