If a lawyer provides improper legal assistance

Illegal actions or flagrant inaction, contrary to the norms of lawyer's ethics, are grounds for filing a complaint against a lawyer.

Read our article about where to complain about a lawyer, what reasons to use as a basis, how to correctly draft a complaint and what legislative references to use in it.

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Institutions of appeal

Today you can complain to the following government organizations:

• Chamber of Lawyers. It is advisable to file a complaint against a lawyer with this authority if non-compliance with professional ethics, negligence and incompetence are detected;
• Police. The basis for contacting this law enforcement agency is the commission of any criminal actions by the lawyer, for example: fraud, psychological pressure (such as threats of physical violence), the use of physical force;
• Prosecutor's office. A complaint should be filed with this supervisory authority in the case where an appeal to previous authorities does not bring success, i.e. inaction;
• Judicial authority. Served in case of damages, cancellation of legal actions, etc.

A lawyer is a legal professional who provides professional assistance to individuals and legal entities in the area in which he specializes, and, among other things, can provide full legal support in the courts. Refers to liberal professions, i.e. allows a person engaged in this type of activity to conduct private practice.

Where to write a complaint

There are several departments where you can report violations committed by a lawyer; let’s look at the table.

A complaint related to the professional activities of a lawyer is filed with a judicial authority if a higher authority has not responded to the appeal.

Keep all documents that confirm interaction with the lawyer and government agencies to which the appeals were sent. If necessary, these letters will serve as evidence when going to court.

Download a sample complaint against a lawyer

List of responsibilities

In accordance with current legislation, the legal profession implies compliance with the following responsibilities:

• Conscientiously, honestly and honorably protect the rights and interests of your client, using all existing (legal) methods and means in domestic legislation;
• Act as a lawyer in criminal proceedings at the request of investigators, preliminary investigators or judges, provide free legal assistance (under certain conditions);
• Regularly improve your professional skills, upgrade your academic degree in the prescribed manner;
• Monitor compliance with professional legal ethics, implement decisions made by members of the Bar Association at the federal and regional levels;
• Regularly transfer funds (in the manner and amount established at the municipal level) for the general needs of the bar association, in addition to sponsoring the maintenance of a lawyer’s office, bureau or board in the amount and manner regulated by these organizations;
• Insure professional risk of property liability.

Procedure for filing a claim

Due to the fact that the law allows exclusive jurisdiction, a citizen must apply to the court at the place of registration of the lawyer or based on his last known place of residence. You can clarify the territorial jurisdiction on the website https://sudrf.ru/index.php?id=300#podsud by selecting the region and registration address. After this, information about the location of the court and contact numbers will appear.

There are two ways to file a claim:

Also, in accordance with Article 333 of the Tax Code, when filing a claim, a citizen must pay a state fee. A document confirming this action must be attached to the claim. If there are any benefits for paying state fees, the citizen additionally provides documents confirming their availability.

If the statement of claim was accepted without comments or modifications, then it will be considered in court within five working days.

The decision is formalized in the form of a ruling on acceptance of the application for consideration, after which a case of an administrative offense is initiated in the first instance.

Who has the right to file a complaint?

the right to appeal the actions of a lawyer :

• Client. It can be either an individual or a legal entity (group of persons);
• Colleague (another lawyer);
• A person who applied for legal assistance on the basis of Article 26 of the Federal Law “On advocacy and the legal profession in the Russian Federation”;
• Vice-President of the Chamber of Lawyers or his deputy;
• Authorized representative of government authorities (from the Ministry of Justice);
• Representative of the court (judge).

Methods for filing a complaint with the Bar Association

Complaints sent to the Bar Association can be either typed or handwritten. There are two ways to submit an appeal, regardless of who submits this appeal (a citizen or his legal representative on the basis of a valid notarized power of attorney):

In order to find out the address of the organization’s location, you can use the website https://fparf.ru/FPA_RF/house/, which contains information about specialized entities of all subjects in the Russian Federation.

In this case, the citizen needs to enter known information into the form, for example, his federal district, and he will have access to all available information about the organization, namely its postal address, telephone number, official website address and email.

Please note that complaints sent by email are not subject to consideration, since such complaints are considered anonymous and are not subject to consideration.

In the event of a refusal to initiate disciplinary proceedings due to insufficient evidence indicating the lawyer’s unprofessionalism, there is always the opportunity to re-file a claim after eliminating the identified deficiencies.

Grounds for appeal

If the reason for filing a complaint against a lawyer is his professional errors, it can be addressed to:

• To the chamber of lawyers or professional association, of which the lawyer who committed a professional offense (of an ethical nature) is a member.

If the reason for appealing the actions of a lawyer is not his illegal actions related to the code of professional ethics, but violations of the general procedure, the claim petition is sent to one of the following authorities:

• Police (any fraudulent activities, criminal acts);
• Prosecutor's office (refusal to consider a complaint in other instances, infringement of rights and freedoms);
• Judicial authority (inaction on the part of law enforcement officers and supervisors, to whom the complaint was initially sent). It is also possible to complain to this authority if violations of professional ethics are detected.

Consideration of a complaint against a lawyer in court occurs within the framework of civil proceedings. The limitation period is three years. If the nature of the wrongfulness falls within the purview of the administrative code, the statute of limitations will change.

When filing a complaint, it is recommended to keep a photocopy of it in hand. Subsequently, if you contact law enforcement agencies, it may be useful as evidence of an attempt to resolve the situation at the pre-trial level.

Procedure for consideration of a complaint by the Chamber of Lawyers

Let us consider in detail the procedure and timing for consideration of appeals by the Chamber of Lawyers.

There are circumstances in which disciplinary proceedings may be terminated:

– if the organization came to the conclusion that there were no violations in the actions of its participant;

– upon expiration of the period for applying disciplinary measures;

– due to withdrawal of the complaint;

– due to reconciliation of the parties involved in the conflict;

– if the specialist’s misconduct was considered insignificant by the qualification commission.

Complaint structure

Despite the absence of a legally established form of complaint against a judge, when drawing it up the following structural and content features should be taken into account:

• A cap. It contains the following information: the full name of the body to which the complaint is filed, the applicant’s details (last name, first name, patronymic, residential address, passport series and number, contact information (telephone or email). This part also contains information about the lawyer, whose unlawful actions the applicant wants to challenge;
• Next, in the middle, indicate the name of the document - “Application” or “Complaint”;
• Main part. It describes the reason for filing the complaint, what exactly illegal actions the lawyer committed and what articles of Russian legislation confirm this;
• Requirements. Here, with reference to the same articles of legislation, a petition is set out in relation to the body to which the complaint is filed. It is recommended to indicate requirements with the words “Based on... the article... I demand” or “I request that you be held accountable...”;
• List of attached documentation. Here, in the form of a list, all available materials are listed that confirm what is stated in the main part of the petition;
• At the very end, the date of filing the complaint is indicated, as well as a personal signature and its transcript.

As for the method of filing a complaint, this can be done either during a personal visit to the selected institution, or online (submitting through the online reception on the official portal of the organization, or using the Public Services portal).

Sample

Filing a complaint to the Bar Association

Let’s take a look at what issues the Chamber of Lawyers deals with, as well as what exactly can serve as a basis for filing a complaint with this institution.

Applications submitted to the Bar Association must be made in writing. This document does not have a legally established form, but it must contain the following details:

1. name of the organization to which the citizen applies;
2. details of the specialist who is submitting the application, as well as an indication of what education he or she has;
3. details of the attorney's principal (full name, place of residence). If the application is submitted by any institution, then the name, location, as well as the full name of the representative and his address (if the application is submitted by a representative) must be indicated;
4. information about the violator’s affiliation with the legal profession, indicating current details;
5. number of the contract for the provision of legal assistance or details of the order, if the applicant has such documents;
6. a description of the actions (or inaction) in which the lawyer violated his professional duties;
7. a full statement of the situation that became the basis for applying for protection of your rights and interests;
8. evidence demonstrating the reliability of the data provided in the claim;
9. full list of attached documents.

An important aspect is that bringing a violator to disciplinary liability is possible only if there is a reliable and complete description of specific actions that can be qualified as a violation of professional duties.

Disciplinary responsibility

The procedure for bringing to disciplinary liability is carried out by employees of the Bar Chamber upon receipt of a complaint against a lawyer, which refers to a violation of the code of professional ethics, illegal actions or inaction in a situation requiring a reverse approach.

The outcome of the disciplinary proceedings may be:

• Issuing a warning;
• Refusal to satisfy demands for punishment of a lawyer due to the lack of proper grounds;
• Making a comment;
• Deprivation of a lawyer of his status and all the privileges accompanying his position.

In case of refusal to satisfy the requirements of the petition, the applicant can challenge this decision by filing a complaint with a higher authority, which is the court.

Where and how to complain about a lawyer?

Advocacy, although it does not pursue the goal of making a profit, is carried out in the form of providing services, and therefore, like any other service, has a price and is characterized by quality.

In the event that a lawyer’s client is not satisfied with the quality of the legal services provided to him, or if the lawyer violates the legislation of the Russian Federation, one can complain against the lawyer. We’ll try to figure out where to complain and how to do it in this article.

Complaints against a lawyer can be divided into two main groups depending on whether they are related to the lawyer’s professional (legal) activities or not.

1. Complaints against a lawyer not related to the practice of law. If a lawyer violates your rights and interests outside of the provision of legal services to you, then the lawyer is liable for violations on an equal basis with all other citizens. So, if a crime has been committed against you, you can file a statement with the police or the Investigative Committee of the Russian Federation, if the offense caused damage to you - you can also file a civil claim in the magistrate’s court or a court of general jurisdiction, depending on whose jurisdiction over the case. At the same time, certain exceptions are established in relation to the lawyer by the criminal procedural legislation regarding the initiation of a criminal case, conducting a search and interrogation (the consent of the court is required, the lawyer cannot be questioned on circumstances that became known to him in connection with the provision of legal assistance, etc.)
2. Complaints against a lawyer in connection with his professional activities. The situation is different if the lawyer violated the current legislation or the Code of Professional Ethics when carrying out legal activities. In this case, you can file a complaint against the lawyer with the Bar Chamber of the constituent entity of the Russian Federation of which the lawyer is a member and in whose registry he is registered. In order to find out which bar association a lawyer is a member of, it is enough to find out the lawyer’s registration number, namely the first two digits. Thus, the numbers of lawyers registered in the register of the Moscow Bar Association begin with the numbers 77 and look like this: 77/ХХХХ. Accordingly, lawyers who are members of the Moscow Region Bar Association have a registration number starting with the numbers 50, etc. You can also find out which bar association a lawyer is a member of by referring to the registers of lawyers posted on the Internet.

Once you find out which Bar Association a lawyer is a member of, you can file a complaint.

When filing a complaint against a lawyer in connection with the provision of legal services to the Bar Association, you should keep in mind that the Chamber does not resolve issues regarding the return of money paid to the lawyer. The Chamber of Lawyers may decide that a lawyer has violated the Law and the Code of Professional Ethics for Lawyers and apply disciplinary measures, but does not consider issues of payment and return of remuneration paid to the lawyer; To resolve disputes related to the payment and return of money paid to a lawyer, it is necessary to apply to the courts through civil proceedings, and if there are signs of a crime, to the police or the Investigative Committee of the Russian Federation.

Having written a complaint, it must be taken to the chamber in person or sent by mail: complaints sent electronically (via the Internet) are considered anonymous by the chamber and are not considered. .

The complaint must be accompanied by all the documents you have that confirm your arguments: a copy of the agreement, receipts for the receipt order, copies of procedural documents, etc.

The grounds for holding a lawyer liable in connection with his professional activities, the procedure for considering a complaint and the procedure for holding a lawyer accountable are regulated by two main regulatory documents: 1) The Law “On Advocacy and the Bar in the Russian Federation”; 2) Code of Professional Ethics for Lawyers, adopted on January 31, 2003 at the 1st All-Russian Congress of Lawyers, with subsequent amendments and additions.

Let us note the main stages of consideration of the complaint. No more than 10 days after receipt of the complaint with the attached documents, the President of the Bar Association or his deputy makes a decision to initiate disciplinary proceedings or to refuse to initiate disciplinary proceedings. Before making this decision, measures may be taken to call the lawyer against whom the complaint was filed and obtain from him an explanation of the arguments of the complaint. Explanations may also be obtained from the person who filed the complaint, and additional documents may be requested if necessary.

After the initiation of disciplinary proceedings, the complaint is considered at a meeting held by the Qualification Commission of the Chamber of Lawyers, to which both the person who filed the complaint and the lawyer against whom the complaint was filed are summoned. Failure to appear by any of the parties is not grounds for postponing the proceedings. Based on the results of the investigation, the Qualification Commission issues a conclusion on the presence of violations in the lawyer’s actions or on the absence of violations and termination of disciplinary proceedings.

When the qualification commission makes a conclusion about the presence of violations of the legislation on the legal profession and the Code of Professional Ethics in the activities of a lawyer, the disciplinary case is considered no later than two months by the Council of the Bar Chamber, which, if it agrees with the conclusion of the commission, makes a decision to bring the lawyer to disciplinary liability and prescribes one of three measures disciplinary liability: warning, reprimand or deprivation of lawyer status.

If the status of a lawyer is deprived, a person is not entitled to practice law.

Going to court

If the lawyer’s unlawful actions or inaction caused material or moral harm to the client or a third party, you can demand appropriate compensation through the court. To do this, you need to contact a district or other court, having first drawn up a statement of claim in the established form.

A standard statement of claim must contain the following information:

• Full name of the court where the claim is filed;
• Details of the defendant's party;
• Description of the lawyer’s unlawful activities, a list of available documentation confirming this, links to specific legislative acts;
• Requirements. When setting out specific requests, they should be supported by suitable articles of law that confirm the legality of their nomination;
• Date of filing the claim, personal signature of the plaintiff and transcript;
• List of attached documentation.

After the court of first instance makes a decision on the fact of the filed claim, the parties are given 30 days to appeal it. If no one attempts to challenge it during this period, the decision enters into legal force.

In some cases, it is possible to restore the deadline for appeal.

Civil Court

If an appeal to the chamber did not bring the desired result, since no violations of the Code of Professional Ethics were found in the actions (inactions) of the lawyer, then you can appeal his actions in court. This will also have to be done if a citizen wants to obtain a refund of funds paid for the services of a specialist, since such cases are not within the competence of the Qualification Commission. The period for appealing a lawyer’s actions in court is 3 years.

Despite the fact that the claim is drawn up on the same principle as a claim to the bar association, in court it is possible to achieve not only disciplinary action, but also compensation for moral or material damage.

How to compose

A claim can be submitted to a judicial authority only in writing. You can use a sample to draw up the document.

It is important to adhere to the structure provided for by the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation:

1. In the upper right corner you must indicate the details of the court, the details of the plaintiff and the defendant (lawyer) without abbreviations or inaccuracies.
2. Descriptive part. After the words “Statement of Claim,” you should describe the current situation in detail without emotional digressions, adhering to a business style of presentation. Determine the facts by which it can be judged that the lawyer violated the Code or the rights of the applicant, and also indicate the norms of the law that were not observed when performing his professional duties.
3. Resolution part. After the word “Please”, you must clearly formulate your requirements, highlighting them in separate paragraphs. It is important that they are adequate and reasonable, which will increase the likelihood of a court decision in favor of the plaintiff. The obligation to pay the state fee can also be transferred to the defendant, which should also be indicated in the operative part.
4. The application should indicate the documents that are attached to the claim to confirm the information specified in the descriptive part (receipt for payment of state duty, agreement for the provision of legal services, etc.).
5. The claim must be signed by the plaintiff and dated, which may not coincide with the date of filing with the judicial authority.

If the claim is drawn up in violation of the requirements of the law, then its acceptance will be refused, and the plaintiff will be given time to eliminate the errors. If he does not meet the allotted deadline, the claim will be returned to him with all previously provided documents.

Attention! The recommended size of the statement of claim is no more than 3 pages of printed text.

How to submit

Due to the fact that the law allows exclusive jurisdiction, a citizen must apply to the court at the place of registration of the lawyer or based on his last known place of residence. You can determine territorial jurisdiction on the website https://sudrf.ru/index.php?id=300#podsud by selecting the region and registration address. After this, the system will provide information about the location of the court and contact numbers.

There are two ways to contact the court:

1. Bring your claim to the office in person. You should first check the reception schedule for citizens by phone. The claim is submitted in two copies, one of which is marked with the date of receipt and returned to the plaintiff. To apply, an identification document will be required, and the citizen will be notified in writing about the date and time of consideration of the case. You can get more detailed information by searching for judicial acts on the website https://bsr.sudrf.ru/bigs/portal.html.
2. By registered mail with acknowledgment of delivery to the addressee. Along with the claim, it will be necessary to enclose in the envelope documents confirming the facts described by the applicant and make a detailed inventory of them. After sending the letter, you should keep the receipt issued by the post office in case it does not reach the recipient.

When going to court, a citizen must pay a state fee, the amount of which is regulated by Art. 333. Tax Code (subsequently, reimbursement of such expenses can be shifted to the defendant) and attach this document to the claim. If the applicant has a benefit for paying state fees, he must confirm this by providing the relevant documents.

Consideration of the case in court on the merits is carried out within 5 working days from the receipt of the claim, if it was accepted without comments requiring corrections or improvements. The decision is formalized in the form of a ruling on acceptance of the application for consideration, after which a case of an administrative offense is initiated in the first instance.

In case of refusal to satisfy the plaintiff’s demand, you can appeal such a decision by filing an appeal, which is provided for by the provisions of the Code of Civil Procedure of the Russian Federation.

How to submit

There are three ways to submit:

• personally;
• by mail;
• online.

Personal appeal is an effective way to resolve the situation. The legal profession, judges and prosecutors establish the visit as a general rule. You will need to prepare documentation on paper.

An alternative is to use postal services. Delivery will not require contacting the authority office, but there will be a shipping fee. Another nuance concerns timing - mail delivers messages within a certain period of time. Typically it will take a week.

The electronic method is not available everywhere. In practice, filing a complaint via the Internet is possible with the prosecutor's office and colleges. It is worth remembering that not all authorities provide online treatment.

Terms for consideration of the application

Applications to federal and regional bar associations are considered within 30 calendar days from the date of receipt. In some cases, when facts are revealed that require additional verification, the period may be extended.

Government authorities must also respond to a citizen’s appeal within 30 calendar days.

By the way: written and electronic requests are given an official response by email to the applicant. In case of oral requests, an oral response is given.