Who Regulates Attorney Conduct? The Supreme Court of Missouri regulates attorney conduct in this state. The Office of Chief Disciplinary Counsel was created by the Supreme Court of Missouri to enforce the rules of conduct governing attorneys. No tax dollars are involved, as the system is funded almost entirely by dues paid annually to The Missouri Bar by Missouri attorneys. The Office of Chief Disciplinary Counsel has the authority to operate under Rule 5, which rule is set out in the Missouri Court Rules. Where Are The Rules Governing Attorneys Found? The Rules of Professional Conduct are set out in the Missouri Court Rules under Rule 4. How Do I File A Complaint? Complaints must be submitted in writing to this office either by using The Office of Chief Disciplinary Counsel's complaint form, or by letter. Please provide the full name and address of the attorney, the nature of the legal matter, the caption of any court case involved, the name of the court where any case is pending, a detailed, factual statement of what occurred including your specific complaints about the attorney's conduct, and your name, address and phone number. If you are complaining about more than one attorney, write out the information on separate sheets of paper. There is no fee for submitting a complaint, and you do not need an attorney to represent you in this process. How Is My Complaint Processed? You will receive notice from this office acknowledging your complaint. Complaints are reviewed and processed by Staff Counsel in the order that they are received. The Office of Chief Disciplinary Counsel responds to each complaint in writing within approximately three weeks of its receipt. Upon the opening of an investigation, the attorney complained about (referred to as "Respondent") is typically notified of your complaint by letter from our office and will be given a specific number of days in which to respond to this office, directly. We are unable to give you a specific timeline as to how long the investigation of your complaint will take. Please be assured that your complaint will receive our sincere attention. What The Office Of Chief Disciplinary Counsel Cannot Do For You The Office of Chief Disciplinary Counsel cannot represent you in your court case. This office cannot give you legal advice. If you have questions relating to your court case, you should consult with a private attorney for advice and assistance. We cannot discuss your complaint with you over the phone and then give an opinion as to whether or not it is legitimate. This office cannot recover money on your behalf. If your complaint is about the amount of attorneys fees you were charged, you may wish to contact one of the committees on Fee Dispute Resolution. The Missouri Bar's Client Security Fund deals with attorney theft. This office cannot refer you to an attorney. You may check your phone directory to find a lawyer referral service in your area. This office cannot provide you information about an attorney's win/loss record on cases. We can check our records and inform you as to whether or not the attorney has any prior public discipline against him. To see if your attorney is in good standing, (See Missouri Bar website) This office does not handle complaints against judges. If your complaint involves the conduct of a judge, you may contact The Commission on Retirement, Removal and Discipline at (314) 966-1007 or by writing to them at 2190 S. Mason Road, Suite 201, St. Louis, MO 63131. Any investigation or action taken by The Office of Chief Disciplinary Counsel will have no effect on your court case. What Types Of Discipline Might Be Imposed? Disciplinary action can range from an admonition to suspension from the practice of law for a definite or an indefinite period of time, or disbarment. Admonitions can be issued by regional disciplinary committees, The Office of Chief Disciplinary Counsel, or the Supreme Court of Missouri. There are some instances in which an attorney is permitted to surrender his license to the Supreme Court of Missouri when faced with serious disciplinary problems. The attorney may be permitted to surrender his license and will not be permitted to practice law for a period of five years, and then must apply to be reinstated to the practice of law once that period has passed. What Rights Do I Have? You have the right to dismiss your attorney from your case. You should understand, however, that if the attorney has already entered his appearance on your behalf in your court case, the attorney must be given permission to withdraw by the judge presiding over your case. You are entitled to receive the remainder of any money paid up front to the attorney that were not then earned during the course of the attorney's work on your case. Attorneys sometimes provide poor customer service, but this action may not necessarily constitute ethical violations under the Rules of Professional Conduct. Upon requesting it, and within a reasonable period of time, you are entitled to receive your file from your attorney at no cost to you. If the attorney has incurred expenses directly in association with your file, such as those fees associated with obtaining copies of certain records for your file, you must reimburse the attorney for those costs before he or she is obligated to turn that specific information over to you. Your attorney, at your request, is obligated to provide to you a detailed statement of the services rendered to you. Fee agreements in writing are strongly encouraged to avoid misunderstandings. An attorney's fees are generally left to an agreement between the client and the attorney. Disputes over legal fees are usually not investigated by this office. There are fee dispute committees through The Missouri Bar, the Kansas City Bar Association and the Bar Association of Metropolitan St. Louis. For more information on these programs, go to: MoBar site at www.mobar.org
KCMBA site at www.kcmba.org
BAMSL site at http://www.bamsl.org
Can my attorney keep my file in exchange for payment? The file belongs to the client with exception of those items contained within the file for which the attorney has out-of-pocket expenses. These expenses may include, but are not limited to, transcripts. The attorney may retain those items until such time as he is reimbursed for the out-of-pocket expense and then they must be immediately delivered to the client. Confidentiality Complaints against attorneys are not public information. When pleadings are filed before the Supreme Court of Missouri to take disciplinary action against an attorney, that information becomes public, not before. The Office of Chief Disciplinary Counsel can provide you with information regarding public disciplinary actions that have previously been taken against an attorney.
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