HOW TO COMPLAIN ABOUT LAWYERS AND JUDGES IN NEW … · Composed of lawyers and non-lawyers, these Committees are appointed by the New York State courts and are not affiliated with

HOW TO COMPLAIN ABOUTLAWYERS AND JUDGES IN

NEW YORK CITY

complain.qxp 4/16/2008 10:16 AM Page 1

IntroductionIn 1870, the Association of the Bar of the Cityof New York was founded to "sustain the pro-fession in its proper position in the community,and thereby enable it . . . to promote the inter-ests of the public." More than 135 years later,the Association continues to maintain the sameprofessional and ethical traditions of civic duty.

With over 23,000 members and 160 commit-tees, the Association reaches out to the commu-nity through various programs, activities, andresources. In keeping with our mission, wehave prepared this brochure to assist the publicin understanding the responsibilities of attor-neys and judges, identifying the legitimategrievances, and seeking redress from appropri-ate agencies.

The Association, like the other bar associationsaround the state, participates in the mediationof disputes referred by disciplinary agencies.In addition, the members of the Associationparticipate on committees which are dedicatedto the improvement of the administration ofjustice. Much of their energy is spent in thedevelopment of public service projects like thisbrochure.

You can find the information within this pam-phlet on our website at http://www.nycbar.org/HowtoComplain/index.htm.

Barry KaminsPresident New York City Bar AssociationApril 2008


Contents

Complaints Against Lawyers...........................7

Complains About Professional Misconduct....7Kinds of Complaints....................................7How to File a Complaint.............................9

Fee Disputes..................................................12Fee Disputes in Cases Begun in 2002 or After.......................................................12Fee Disputes in Matrimonial CasesBegun Before 2002....................................15Other Disputes...........................................15

Lawyer Referral Services..............................15

Lawyers’ Fund for Client Protection.............15Dishonest Conduct.....................................16The Claim Process.....................................16

Complaints About the Unauthorized Practice of Law..............................................17

Protecting Your RightsDuring the Complaint Process...................19Hiring Another Lawyer..............................19

Complaints Against Court Personnel............20

Complaints Against State Court Judges........ 20Kinds of Complaints..................................20The Complaint Process..............................21

Complaints Against Housing Court Judges...22

Complaints Against Other Personnel............ 23

Complaints Against Judges and Other Court Personnel in Federal Court............................24

Judges.........................................................24Other Court Personnel................................25

Contacting All Relevant Agencies.................25

Statement of Client’s Rights...........................26

Statement of Client’s Responsibilities...........28


Complaints Against LawyersWhen you hire a lawyer to handle a particularmatter, you are a consumer of legal services,and as in any consumer relationship, you andyour lawyer have rights and responsibilities toone another. If you feel as though your rightsas a consumer have been violated, you can takenecessary steps to file a complaint against yourlawyer. However, most of the time, complaintscan be settled on your own, either by talkingdirectly to your attorney, or if you choose, bydismissing him or her and hiring a new lawyer.

Complaints AboutProfessional MisconductIf you believe that the actions of your attorneyare in violation of the New York Lawyer's Codeof Professional Responsibility, your lawyermay be subject to discipline by the appropriategovernment agencies, which operate under thestate court system.

Kinds of ComplaintsMany complaints fall into the following cate-gories:

Delay or NeglectPerhaps the most common kinds of complaintsagainst lawyers involve delay or neglect. Thisdoesn't mean that occasionally you've had towait for a phone call to be returned. It meansthere has been a pattern of the lawyer's failingto respond or to take action over a period ofmonths. In some instances, this may result inyour losing a case or losing the right to bring acase where there are time limits involved.

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MisrepresentationSometimes lawyers will misrepresent to clientswhether or not they have taken certain actions.For example, you might discover that yourlawyer has told you that he or she has begun alawsuit or taken other actions, when in fact noaction has been taken. In other words, the mis-representation may be a cover-up for neglect.

Mishandling of MoneyIf you have given money to your lawyer tohold, or to use for a particular purpose, he orshe must not do anything else with that money.A lawyer who is reluctant to answer your ques-tions regarding that money may have misusedyour money.

Conflict of InterestYour lawyer is supposed to be on your side, andonly on your side. That means he or she shouldnot be representing someone who is againstyou in the legal matter, unless both you and theperson on the other side have agreed to it.

FeesIn general, complaints about fees are notgrounds for disciplinary actions. Occasionallya problem relating to the fee will amount to anethical violation. This violation is usuallywhere the lawyer has taken a fee and thenessentially not performed the services that heor she has agreed to perform, or where thelawyer has taken a non-refundable retainer. Formore information on resolving fee disputes, seepage 12.

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How to File a Complaint

If you believe a lawyer may have violated theCode of Professional Responsibility, you mayfile a complaint even if you are not thatlawyer's client.

The Complaint CommitteesIn New York City there are two Committeeswhich handle complaints, depending on thelocation of the lawyer's office. You may tele-phone the appropriate Committee and a com-plaint form will be mailed to you.

If your lawyer's office is located in Manhattanor The Bronx, complain to

Departmental Disciplinary CommitteeSupreme Court, Appellate DivisionFirst Judicial Department61 Broadway, 2nd FloorNew York, NY 10006(212) 401-0800, fax: (212) 401-0810

If your lawyer's office is located in Brooklyn,Queens or Staten Island, complain to

Grievance Committee for the 2nd and 11th Judicial DistrictsRenaissance Plaza335 Adams Street - Suite 2400Brooklyn, NY 11201(718) 923-6300

Composed of lawyers and non-lawyers, theseCommittees are appointed by the New YorkState courts and are not affiliated with the NewYork City Bar Association or any other barassociation.

The Complaint Your complaint may be submitted in a letter, oryou may fill out a form provided by the

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Committee, which is generally the preferredmethod. Please be sure to sign your complaintregardless of whether it is a letter or form. Theinformation you provide should include the fol-lowing:

• General information, such as your homeaddress and telephone number; the lawyer'sname, address and telephone number; etc.

• Your complaint. You should be as clear, specific and detailed as you can in explaining your complaint. Tell the wholestory. Include dates and names of anyoneinvolved.

• Copies of any documents, papers, letters,etc. that relate to your complaint (do not send originals).

The Complaint ProcessInitial Review: Every complaint is reviewed. Ifthe Committee determines that the facts of yourcomplaint do not describe a possible violationof the Code, it will advise you that an investi-gation is not warranted.

Investigation: If the Committee determinesthat your complaint may involve a violation ofthe Code of Professional Responsibility, it willbegin an investigation. The Committee willseek a response from the lawyer, send you acopy of the lawyer's answer and give you achance to send in a reply. The Committee mayalso seek other information relating to yourcomplaint. The Committee's review may takeseveral months. If that much time has gone byand you have not been notified of the results ofthe investigation, you may contact theCommittee to ask the status of your case.

Committee Action: After investigation, whichcould include a hearing or other proceeding,the Committee may do one of the following:

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• Dismiss the complaint if it finds that thelawyer's conduct was not a violation of the Code of Professional Responsibility;

• Issue a sanction saying what the lawyer did was improper and should not be done again. This sanction is confidential; or

• Determine that there were ethical violations and recommend discipline, which could include censure, suspendingthe lawyer’s license to practice law or taking away the lawyer’s license entirely(disbarment). In this event, the matter isthen referred to a court, where the final disciplinary decision is made.

You will be notified of the action taken.

New EvidenceIf you obtain some new evidence or informa-tion which you did not include in your originalcomplaint, you should contact the Committeeand request a reevaluation (even if your com-plaint was originally dismissed).

Referral to Other AgenciesWhether or not your complaint has been dis-missed, the Committee will refer you to anyother agencies that may play a role in resolvingyour complaint. For example, if your lawyerhas wrongfully taken money from you, youwill be referred to the Lawyers' Fund for ClientProtection for possible reimbursement. Theagencies to which you may be referred arereviewed in the sections which follow.

Please note that the Committee generally doesnot pursue complaints that lawyers are not pay-ing debts. If a lawyer owes you money, youmay bring an action in court to collect the debt,just as you would against any other debtor.However, if you bring an action and get a judg-ment against a lawyer which has not beenadhered to, you should file a complaint with theCommittee.

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If you suspect your lawyer has done somethingcriminal, you may go directly to the DistrictAttorney's office in the borough in which thelawyer has an office or is doing business. If theDistrict Attorney determines that your lawyermay have committed a federal offense, he mayrefer you to the appropriate United StatesAttorney.

If a criminal case is brought against the lawyer,the Committee will usually wait for it to becompleted because any state felony conviction,and many federal felony convictions, result inautomatic disbarment. The Committee mayalso wait for the outcome of a civil suit youmay have brought against the lawyer.

The Committee does not have the jurisdictionto address complaints against non-lawyers,even in the context of a legal matter. Youshould consider contacting licensing agenciesor professional organizations that may overseethe conduct of the person or firm whose mis-conduct is the subject of your complaint.

Limitations of the Disciplinary ProcessPlease understand that the Committee can onlyact with regard to your lawyer; it cannot takeany action with regard to your underlying case,and cannot undo legal problems (such asexpired time limits) created by your lawyer'sconduct. You may want to retain anotherlawyer to assist you with your case.

Fee Disputes

Fee Disputes in Cases Begun in 2002 or afterIf you retained a lawyer for a matter on or afterJanuary 1, 2002, you have the right to arbitra-tion of the dispute concerning the fee yourlawyer is charging, where the amount in dis-pute is between $1,000 and $50,000. The fol-lowing are exceptions:

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• criminal matters;• disputes where your lawyer has not

provided services for you for morethan two years;

• disputes where your lawyer does notpractice in New York, or where the services were for the most part not provided in New York; or

• where the fee was set by law, a courtrule, or a court.

If you and your lawyer have a dispute aboutyour lawyer's fee, your lawyer must send you anotice advising you that you have 30 days fromyour receipt of the notice to elect to use thisarbitration procedure, along with instructionsfor how to do so and the necessary forms. Youcan also contact the appropriate agency direct-ly to begin the process. Your lawyer may askyou to agree that either you or the lawyer cansubmit a fee dispute to arbitration.

Once you have started the process and yourlawyer responds to your complaint, you cannotcancel the arbitration. In the arbitration pro-ceeding, the lawyer has the burden of justifyinghis/her fee. Either you or your lawyer can chal-lenge the result of the arbitration in court with-in 30 days after the arbitration decision ismailed.

These dispute resolution services are generallyprovided by your local bar association. Therelevant arbitration program is the one cover-ing the county where most of the legal workwas done (generally, the county in which yourlawyer's office is located). The organizationsrunning the arbitration program may ask you ifyou want to mediate the dispute. In mediation,you and your lawyer meet with a mediator totry to settle the dispute. If that procedure isunsuccessful, you can proceed to arbitration.

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The arbitration programs in New York City areas follows:

For Manhattan and The Bronx:Joint Committee on Fee Disputes and ConciliationNew York County Lawyers' Association14 Vesey StreetNew York, New York 10007(212) 267-6646 x217

For Brooklyn:Brooklyn Bar Association123 Remsen StreetBrooklyn, New York 11201(718) 624-0675

For Staten Island:Richmond County Bar Association152 Stuyvesant PlaceStaten Island, New York 10301(718) 442-4500

For Queens:District Administrative Judge's OfficeEleventh Judicial District88-11 Sutphin Boulevard, Room 511Jamaica, NY 11435(718) 298-1100

For more information, you can contact the general office of the Fee Dispute ResolutionProgram at the following address:

Attorney-Client Fee Dispute Resolution ProgramBoard of GovernorsOffice of Court Administration25 Beaver Street, Room 855New York, New York 100041-877-FEES-137www.nycourts.gov/admin/feedispute

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Fee Disputes in Cases Begun Prior to 2002If you have a fee dispute in a case in which youretained your lawyer before January 1, 2002, oryour fee dispute is otherwise not covered byone of the above programs, you may still gethelp from the bar association in the borough inwhich your lawyer's office is located. Underthese circumstances, the lawyer is not requiredto participate in the fee conciliation or arbitra-tion processes. For more information, contactthe agencies listed on page 14.

Fee Disputes with Attorneys Referredthrough Lawyer Referral ServicesIf you originally found your lawyer through alawyer referral service, you should contact thatreferral service. Often there are requirementsthat any fee disputes be resolved through arbi-tration by the organization that sponsors theservice.

Recovering Funds WrongfullyTaken by Lawyers

Lawyers' Fund For Client ProtectionIf your lawyer has wrongfully taken yourmoney or your property and you have beenunable to get reimbursement from the lawyer,his or her law firm or insurance company, youmay apply to the Lawyers' Fund for ClientProtection (formerly known as the Clients'Security Fund) of the State of New York. TheLawyers' Fund for Client Protection is financedby mandatory contributions from all licensedlawyers in New York State. The Fund maygrant up to $300,000 to an eligible claimant.

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Dishonest ConductThe lawyer must have taken your money orproperty dishonestly in the practice of law. Ifyou lost money because your lawyer didn't dothe best job of negotiating for you or represent-ing you in a lawsuit, that would not qualify forthe Lawyers' Fund for Client Protection. Thefund has no authority to compensate for dam-ages due to alleged negligence or malpractice,or resolve fee disputes. Typical examples ofthe kind of dishonest conduct that apply are:

1. The lawyer stole assets from an estate.2. The lawyer stole from money being held

for you in escrow.3. The lawyer kept all or part of a personal

injury settlement beyond the agreed-uponfee.

4. The lawyer stole money from the downpayment or proceeds in a real estate transaction.

The Claim ProcessYou must file your claim within two years ofdiscovering your loss. To initiate a claim, youshould contact:

Lawyers' Fund for Client Protection119 Washington AvenueAlbany, NY 12210(518) 434-1935 or 1-800-442-FUND www.nylawfund.org

The Fund will send you a form which asks forthe facts surrounding your claim. If you havedifficulty in filling out the form, you may callthe Fund and ask for assistance.

The Fund will review your claim. If it appearsthat you have not shown the kind of loss due todishonesty that is reimbursable, your claim willbe dismissed. You will receive prompt writtennotification of a dismissal with an explanationof why your claim is not eligible. If you dis-cover additional facts, you may request a

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reconsideration of a dismissal. If it appearsthat you may have a reimbursable loss, theFund will investigate. Following the investiga-tion, you may be awarded reimbursement forall or part of your claim, up to the Fund's max-imum limit, or your claim may be denied. Youmay request a reconsideration of a denial of allor part of your claim by filing an applicationwithin 30 days of receipt of the determination.

Usually, the Fund will not award the moneyuntil any disciplinary proceedings against thelawyer in one of the disciplinary committees,and/or criminal proceedings against the lawyerin the District Attorney's Office, are completed.If you have not already contacted theCommittee or the District Attorney at the timeyou file a claim with the Lawyers' Fund forClient Protection, the Fund will advise you todo so.

You may be eligible for reimbursement even ifyour lawyer was disbarred or suspended frompractice at the time your loss occurred.

Complaints About theUnauthorized Practice of LawAs it is a crime to practice law without alicense, you may contact the District Attorney’sOffice in the borough where the person has anoffice or is doing business.

For Manhattan:District Attorney's OfficeOne Hogan PlaceNew York, New York 10013(212) 335-9000

For The Bronx:District Attorney's Office198 East 161st StreetBronx, New York 10451(718) 590-2000

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For Brooklyn:District Attorney's Office350 Jay St. Brooklyn, NY 11201 (718) 250-2000

For Queens:District Attorney's Office125-01 Queens BoulevardKew Gardens, New York 11415718) 286-6000

For Staten Island:District Attorney's Office130 Stuyvesant PlaceStaten Island, New York 10301(718) 876-6300

If you suspect that someone has been practic-ing law even though his or her license has beensuspended, or even though he or she has beendisbarred, you should contact the appropriateDisciplinary or Grievance Committee listed atthe front of this pamphlet.

If you want to check on whether a lawyer isregistered to practice law in New York State,contact the Attorney Registration Office of theOffice of Court Administration at (212) 428-2800 or search the website athttp://iapps.courts.state.ny.us/attorney/AttorneySearch. That office can refer you tothe appropriate court where you may check onwhether the attorney has been suspended ordisbarred.

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Protecting Your RightsDuring the ComplaintProcess

Hiring Another Lawyer

You do not need a new lawyer to help you incomplaining about another lawyer. All of theagencies that deal with client complaints willassist you in making your way through thecomplaint process.

You do not have to dismiss the lawyer aboutwhom you are complaining. Of course, youhave the right to dismiss him or her at any time.(You may dismiss a lawyer for any reason atany time, even if you have signed a retaineragreement.)

There may be reasons why you might want tohire a new lawyer: 1. You may find it difficult or uncomfortable

to continue working with the lawyer afteryou have filed a complaint.

2. You may need a new lawyer to work onthe transaction or case for which you hadhired the lawyer about whom you are nowcomplaining. This may be particularlyimportant if there are relevant time limits,and the time has been running out whileyour first lawyer was neglecting your case.

3. You may want to hire a new lawyerto bring a lawsuit against the lawyerabout whom you are complaining.

If you need assistance in obtaining a newlawyer you may call the Legal ReferralService, sponsored jointly by the New YorkCity Bar Association and the New York CountyLawyers’ Association, at (212) 626-7373 orvisit LRS website at the following address:http:www.nycbar.org/LRS/index.htm.

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Complaints AgainstCourt Personnel

Complaints Against NewYork State Court JudgesIf you have been involved in a lawsuit, youmay have disliked certain actions taken by thejudge. This may be particularly true if you havelost the case! In general, the remedy in such aninstance is to appeal the judge's decision to ahigher court or seek other review in court. Yourlawyer will advise you on what may be done.

However, judges in New York State courts areheld to high standards of ethics, both on and offthe bench, as set forth in the Rules GoverningJudicial Conduct of the Chief Administrator ofthe Courts. If you think the judge may haveviolated these standards, you may complain toa state agency that has the power to disciplinejudges.

Kinds of ComplaintsJudges may be disciplined for a wide range ofmisconduct that violates the ethical rules.Many complaints fall into the following cate-gories:

Improper DemeanorThe judge should maintain order and decorumin the courtroom. The judge should be patient,dignified and courteous to all people withwhom he or she deals in an official capacity.

BiasThe judge should not convey the impression,nor permit others to convey the impression,that anyone is in a special position to influencehim or her.

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Conflict of InterestThe judge should not allow family or social orother relationships to influence him or her.

Ex Parte CommunicationsExcept in special instances authorized by law,the judge should not initiate or participate in exparte communications. That means that thejudge should not communicate with only oneside.

The Complaint ProcessThere are two ways to file a complaint with theNew York State Commission on JudicialConduct. You may either fill out a complaintform, which can be found on their website,http://www.scjc.state.ny.us, or write and sign adetailed letter explaining the alleged miscon-duct. Be sure to include:

1. The name of the judge;2. The complaint in as much specific detail

as possible. (For example, don't simply say, "The judge insulted me." Instead, forexample, say, "The judge insulted me bycalling me a liar."); and

3. Your signature.

Mail the complaint to:

New York State Commission on Judicial Conduct61 Broadway, 12th FloorNew York, NY 10006Phone: (212) 809-0566 Fax: (212) 809-3664

The Commission on Judicial Conduct is com-posed of judges, lawyers and non-lawyers. TheCommission reviews every complaint anddecides whether to investigate. If theCommission decides there is no basis forbeginning an investigation, it will send you aletter within two months.

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If the Commission decides there may be a vio-lation of ethical standards, it will investigate.Typically, the Commission's investigation mayinclude reviewing relevant records, interview-ing witnesses, and obtaining a response fromthe judge. Ultimately, if the judge is found tohave violated the applicable standards, he orshe may be disciplined. However, you shouldknow that any action by the Commission willnot change the outcome of your case, nor doesthe Commission have the power to transferyour case to another judge if the case is stillpending. If you are dissatisfied with the judge'saction or decision in your case, your lawyerwill have to take whatever steps are availableto appeal the decision or to have the case trans-ferred to another judge.

Complaints Against HousingCourt JudgesIf you have been involved in a lawsuit inHousing Court and believe the Housing Courtjudge presiding over your case failed to actfairly or to demonstrate proper judicialdemeanor, you may send a complaint in letterform to the supervising judge of the HousingCourt within that county. The addresses of thecounty supervising judges are as follows:

For New York County (Manhattan):Supervising JudgeNew York County Housing Court111 Centre StreetNew York, N.Y. 10013646-386-5590

For Bronx County:Supervising Judge The Bronx County Housing Court1118 Grand ConcourseBronx, N.Y. 10456718-466-3117

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For Kings County (Brooklyn):Supervising JudgeKings County Housing Court141 Livingston StreetBrooklyn, N.Y. 11201347-404-9060

For Queens County:Supervising Judge Queens County Courthouse89-17 Sutphin BoulevardJamaica, N.Y. 11435718-262-7300

For Richmond County (Staten Island):Supervising JudgeRichmond County Courthouse927 Castleton AvenueStaten Island, N.Y. 10310718-390-5426

Complaints Against Other StateCourt PersonnelIn addition to judges, other court personnel inNew York State courts, such as court clerks,court officers, court aides and assistants, areheld to appropriate standards. If you think thatany of these people have acted in a way that iscorrupt, criminal, seriously incompetent, or ill-mannered you may complain to the Office ofCourt Administration:

Inspector General Office of Court Administration25 Beaver StreetNew York, NY 10004(646) 386-3500

There is no form for complaining about courtpersonnel. You may call or write to the Officeof Court Administration and you will receive acall. After the telephone conversation, you will

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be referred to any other agencies that might beappropriate (such as the District Attorney if itappears that there has been criminal activity)and, if it sounds as though you may have avalid complaint, the Office will set up anappointment to meet with you. Following aninvestigation, the Office may recommend dis-ciplinary action.

If your complaint is regarding bias or discrimi-nation, you should contact the Office of theSpecial Inspector General for Bias Matters.The Office has the power to investigate allega-tions of bias based on race, color, creed, sex(including sexual harassment), sexual orienta-tion, age, marital status, disability, national ori-gin and religion. For assistance or more infor-mation, please contact:

Special Inspector General for Bias Matters Office of Court Administration25 Beaver StreetNew York, NY 10004(212) 428-2125

Complaints Against Judges andOther Court Personnel inFederal Court

JudgesIf you have a complaint against a judge in afederal court in New York City, you shouldcontact:

Clerk of the United States Court of Appeals for the 2nd CircuitUnited States Courthouse, Room 170240 Foley SquareNew York, NY 10007(212) 857-8533

The Clerk's office will tell you the procedurefor filing a written complaint.

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Other Court PersonnelIf you have a complaint against court personnelin a federal court, write a letter to the ChiefJudge of that court. You may simply addressthe letter to the Chief Judge at the address ofthe courthouse, even if you do not know thename of the Chief Judge.

Contacting All Relevant Agencies All of the agencies described in this pamphletare fully aware of each other and each one willrefer you to any other agencies that may helpyou instead of or in addition to itself. However,you don't need to wait for a referral and youdon't need to contact agencies one at a time.You may file a complaint at any agency whereyou think your complaint may be heard.

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Statement of Client'sRightsThere is a court rule requiring all lawyers topost a Statement of Client's Rights in theiroffices. This statement is intended to educateclients concerning what they may reasonablyexpect from their attorney-client relationship.The rights included in the statement, as adopt-ed by the Administrative Board of the Courts inNew York State, are as follows:

1. You are entitled to be treated with courtesyand consideration at all times by yourlawyer and the other lawyers and personnel in your lawyer’s office.

2. You are entitled to an attorney capable ofhandling your legal matter competentlyand diligently, in accordance with the highest standards of the profession. If youare not satisfied with how your matter isbeing handled, you have the right to withdraw from the attorney-client relationship at anytime (court-approvalmay be required in some matters, and yourattorney may have a claim against you forthe value of services rendered to you up tothe point of discharge).

3. You are entitled to your lawyer's independent professional judgment andundivided loyalty uncompromised by conflicts of interest.

4. You are entitled to be charged a reasonablefee and to have your lawyerexplain at the outset how the fee will becomputed and the manner and frequencyof billing. You are entitled to request andreceive a written itemized bill from your attorney at reasonable intervals. You mayrefuse to enter into any fee arrangementthat you find unsatisfactory. In the event of a fee dispute, you may have the right to

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seek arbitration; your attorney will provide you with the necessary information regarding arbitration in theevent of a fee dispute, or upon your request.

5. You are entitled to have your questions andconcerns addressed in a prompt mannerand to have your telephone calls returnedpromptly.

6. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitledto sufficient information to allow you toparticipate meaningfully in the development of your matter.

7. You are entitled to have your legitimateobjectives respected by your attorney,including whether or not to settle yourmatter (court approval of a settlement isrequired in some matters).

8. You have the right to privacy in dealings with your lawyer and to have your secretsand confidences preserved to the extentpermitted by law.

9. You are entitled to have your attorney conduct himself or herself ethically inaccordance with the Code of ProfessionalResponsibility.

10. You may not be refused representation onthe basis of race, creed, color, religion,sex, sexual orientation, age, national origin or disability.

(www.courts.state.ny.us/litigants/clientsrights.html)

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Statement of Client'sResponsibilitiesThe following was prepared by the New YorkState Bar Association, and adopted by theAdministrative Board of the Courts:

Reciprocal trust, courtesy and respect are thehallmarks of the attorney-client relationship.Within that relationship, the client looks to theattorney for expertise, education, sound judg-ment, protection, advocacy and representation.These expectations can be achieved only if theclient fulfills the following responsibilities:

1. The client is expected to treat the lawyerand the lawyer's staff with courtesy andconsideration.

2. The client's relationship with the lawyermust be one of complete candor and thelawyer must be apprised of all facts or circumstances of the matter being handledby the lawyer even if the client believes that those facts may be detrimental to theclient's cause or unflattering to the client.

3. The client must honor the fee arrangementas agreed to with the lawyer, in accordancewith law.

4. All bills for services rendered which aretendered to the client pursuant to theagreed upon fee arrangement should bepaid promptly.

5. The client may withdraw from the attorney-client relationship, subject tofinancial commitments under the agreed tofee arrangement, and, in certain circumstances, subject to court approval.

6. Although the client should expect that hisor her correspondence, telephone calls andother communications will be answered within a reasonable time frame, the client

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should recognize that the lawyer has otherclients equally demanding of the lawyer'stime and attention.

7. The client should maintain contact with thelawyer, promptly notify the lawyer of anychange in telephone number or addressand respond promptly to a request by thelawyer for information and cooperation.

8. The client must realize that the lawyerneed respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which areunprofessional or contrary to law or theLawyer's Code of ProfessionalResponsibility.

9. The lawyer may be unable to accept a caseif the lawyer has previous professionalcommitments which will result in inadequate time being available for theproper representation of a new client.

10. A lawyer is under no obligation to accept aclient if the lawyer determines that thecause of the client is without merit, a conflict of interest would exist or that asuitable working relationship with theclient is not likely.

(http://www.courts.state.ny.us/litigants/clientsresponsibilities.shtml)

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42 West 44th Street • New York, NY 10036-6689(212) 382-6600 • www.nycbar.org

April 2008


Documents

HOW TO COMPLAIN ABOUT LAWYERS AND JUDGES IN NEW … · Composed of lawyers and non-lawyers, these Committees are appointed by the New York State courts and are not affiliated with