For the Public
Complaints must be submitted in writing to the Office of Chief Disciplinary Counsel by use of a downloaded complaint form or by letter. You may download and print the blank form or you may complete the “Fill-in Form” here and then print it. At this time, the Office of Chief Disciplinary Counsel is not able to accept complaints by e-mail.
Complaints should provide the full name and address of the attorney, the nature of the legal matter, the caption of any court case involved in the representation, the name of the court where any case is pending, a detailed, factual statement of what occurred including specific
Complainants should provide as much relevant documentation as possible that will be helpful in understanding the complaint. The following have been found to be helpful in evaluating complaints, although not everything listed will be available in all cases:
What Should I Report?
Many complaints about lawyers can be resolved by better communication between lawyers and their clients. If that fails, clients (and others) may submit complaints about any violations of the Missouri Rules of Professional Conduct, including but not limited to:
· inadequate communication;
· neglect of legal matters;
· conflicts of interest;
· misuse of client funds;
· improper advertising;
· breach of confidentiality;
· improper communication with opposing parties represented by another attorney;
assisting a non-lawyer in the unauthorized practice of law.
There is no cost, but the complainant’s assistance and cooperation are necessary if an investigative file is opened.
Your complaint will be referred to a Staff Counsel at the OCDC, who will evaluate whether there are any issues which could form the basis for a disciplinary investigation. Complaints are reviewed and processed by Staff Counsel in the order in which they are received. The OCDC attempts to respond to each complaint in writing within approximately four weeks of its receipt.
If a file is opened, the matter is either investigated by the OCDC office in Jefferson City or referred to one of the regional disciplinary offices located in Kansas City, St. Louis or Springfield. The attorney complained about is typically notified of the complaint and given an opportunity to respond to the allegations contained in the complaint. If, and when a response is received, the complainant will generally be given an opportunity to review and reply to the attorney’s response. After any additional investigation deemed necessary and appropriate is completed, a determination is made as to whether a violation of the Rules of Professional Conduct has occurred.
If the OCDC determines that your complaint sets forth possible violations of the Rules of Professional Conduct, the procedural rules governing the disciplinary process require that we notify the lawyer of the complaint, including the name and address of the person making the complaint, and give the lawyer an opportunity to respond.
If the OCDC determines that the complaint is not one which is expected to lead to discipline, for any number of reasons, it will not further investigate and may choose not to contact the lawyer regarding the complaint.
No, the OCDC can investigate individual attorneys, but cannot investigate complaints against a law firm. When filing an ethics complaint, it is important to identify the individual attorney or attorneys within a law firm who had responsibility for, or worked on, the legal matter and whose conduct is believed to have violated the Rules of Professional Conduct.
You may withdraw your participation in the complaint, but the disciplinary system is required by the Rules to complete its investigation. If you have resolved your differences with your attorney, however, you should notify the OCDC because that fact may affect the evaluation of the complaint.
Alan Pratzel, For the Public - Filing a Complaint with the Office of OCDC - 3327 American Avenue, Jefferson City, MO 65109-1016 - Phone: 573-635-7400 - FAX: 573-635-2240