How to File a Complaint Against Your DC Criminal Defense Attorney

How to File a Complaint Against Your DC Criminal Defense Attorney

Dealing with the criminal justice system can be incredibly stressful and confusing. You put your trust in a criminal defense attorney to guide you through the process and protect your rights. But what if you feel your lawyer has failed you in some way? While it’s rare, there are times when filing a complaint against your attorney is warranted.

I’ll walk you through when and how to file a complaint against a DC criminal defense lawyer. I’m not a lawyer myself, so think of this as helpful advice from a friend. I’ll try to explain the process in simple terms, without too much legal jargon. My goal is to empower you to advocate for yourself if you’ve been wronged.

What to Include in Your Complaint

To help speed up the process, make sure your complaint form includes:

• Your full name and contact information.
• The attorney’s full name and firm.
• Details about when you retained their services.
• A timeline of what happened in your case.
• Specific facts about the alleged misconduct.
• Names of witnesses or others involved.
• Copies of any documents, emails, letters, notes, etc.
• What you want to happen, like reimbursement of fees or sanctions.

Stick to the facts and be detailed. Avoid just venting your frustrations. Quote any statements word-for-word and give exact dates. The more evidence you can provide, the better.

Will Filing a Complaint Impact My Case?

This is a common concern. Rest assured that filing a grievance will NOT affect your criminal or civil case in any way. The complaint process is completely separate. You don’t need to wait for the outcome of your case to file a grievance either. The two paths run in parallel.

It’s also confidential. Any information you provide to the ODC is not shared with other agencies or courts. So don’t let fear of retaliation prevent you from filing a complaint if it’s warranted.

What If My Complaint is Dismissed?

Not all complaints result in disciplinary action. Between 2005-2020, the ODC dismissed around 57% without formal proceedings¹. There are a few reasons this can happen:

• The attorney’s conduct didn’t actually violate ethics rules.
• There’s not enough evidence to back up your allegations.
• The situation stems from a misunderstanding or disagreement.
• Your complaint is vague or doesn’t allege misconduct.
• Too much time has passed since the incident occurred.

If your grievance gets dismissed, don’t take it personally. You can appeal within 30 days if you disagree with the decision. Provide any additional evidence you might have and clarify the areas of concern. If that fails, you may have to look into private legal action instead.

Should I Get a Lawyer for My Complaint?

You don’t need an attorney to file a grievance. The process is designed to be accessible to non-lawyers. But if your case is complex, you might benefit from legal help drafting the complaint. Some options include:

• Contact the DC Bar’s Lawyer Assistance Program for guidance.
• Hire a private attorney experienced with the disciplinary process.
• See if your local legal aid office can provide assistance.
• Use legal clinics at area law schools.

Just keep in mind you’ll have to pay for a private lawyer unless you qualify for legal aid or clinic services. Weigh the costs vs. benefits in your situation.

Other Options Beyond Filing a Complaint

Reporting your attorney to the bar isn’t your only recourse. You may also want to:

• File a malpractice lawsuit – Consult with attorneys about negligence.
• Report them to the Better Business Bureau.
• Leave online reviews describing your experience.
• Submit a complaint to the Consumer Protection Agency.
• Contact the attorney’s malpractice insurance carrier.

I’d try the disciplinary complaint process first since there’s no cost to you. But if that doesn’t work, look into other ways to hold them accountable.