Board of Commissioners on Grievances & Discipline FAQs
Complaints Against Lawyers and Judges
The information below is general in nature and not intended to give specific advice for an individual legal problem. Please contact one of the organizations listed below if you have a complaint about a judge or lawyer or the legal services you received.
What Rules Do Ohio Lawyers and Judges Have to Follow?
May I File a Complaint?
Where Do I File a Complaint?
Should I File More Than One Complaint?
What Can I Expect?
What Is Not Covered By The Complaint Procedure?
How Do I Recover Money, Damages, or Losses?
Can I Recover Money If I Don't Sue My Lawyer?
What Rules Do Ohio Lawyers and Judges Have to Follow?
All Ohio lawyers take an oath to effectively represent their clients without compromise
and conflict. The Supreme Court of Ohio regulates the conduct of lawyers and judges
through the Rules of Professional Conduct and a Code of Judicial Conduct. Ohio lawyers
and judges must obey their oaths of office and the rules outlined in the Codes.
These Codes include ethical standards that each lawyer must follow.
For example, an Ohio lawyer is not allowed to:
- knowingly mislead or lie to a client or a court
- reveal a client's confidence or secret without the client's permission.
- misuse or take money or property that belongs to a client.
- settle, file or dismiss a case without the client's permission.
- repeatedly neglect a client's legal problems after the lawyer has agreed to represent the client.
May I File a Complaint?
If you have an ethics complaint against an Ohio lawyer or judge for violating
a rule of professional conduct, you may report it for investigation. When
you file a written complaint, an investigation is made to determine if the
attorney or judge did or did not violate the ethical rules.
Where Do I File a Complaint?
An ethics complaint against a lawyer or a judge must be in writing and filed
with one of the following organizations:
- an approved local bar association*
- Office of Disciplinary
Counsel
250 Civic Center Drive, Ste. 325
Columbus, Ohio 43215-7411
Tel. 614.461.0256, 800.589.5256
Fax: 614.461.7205
- Ohio State Bar Association (judges only)
1700 Lake Shore Drive
P.O. Box 16562
Columbus, OH 43216-6562
614.487.2050 or 800.282.6556
* For the address and telephone number of an approved local bar association near you, please telephone the Board of Commissioners on Grievances and Discipline: 614.387.9370.
Should I File More Than One Complaint?
A complaint should be filed with only one office. For complaints against lawyers
you may file with either the Office of Disciplinary Counsel or an approved
local bar association. For complaints against judges, you may file with the
Office of Disciplinary Counsel, an approved local bar association, or the
Ohio State Bar Association.
What Can I Expect?
The investigating committee or Disciplinary Counsel will gather evidence about
your complaint and decide whether the lawyer or judge violated the ethical
rules. If the committee or Disciplinary Counsel finds enough evidence of wrongdoing,
it will file a formal complaint charging misconduct against the lawyer or
judge. The Board of Commissioners on Grievances and Discipline, which is an
independent board appointed by the Supreme Court of Ohio, will then hold a
public hearing, and you may be required to testify. Based on the results of
this hearing, the Supreme Court of Ohio may take action against the lawyer
or judge to protect the public by limiting or prohibiting the lawyer from
practicing law or serving as a judge. If there is not enough evidence of misconduct
after the hearing is held, the charges will be dismissed by the Board.
What Is Not Covered By The Complaint Procedure?
Disputes between you and your lawyer over fees are not ordinarily a basis
for an ethics complaint. Several bar associations have fee arbitration services
that can help resolve fee disputes. If you believe that you did not receive
a proper result in a civil or criminal case, the ethics complaint process
will not affect the outcome of your case. The lawyers investigating your ethics
complaint cannot represent you or appeal the outcome of any case for you or
recover money for you. The recovery of money damages or losses is not the
purpose of the ethics complaint procedure.
How Do I Recover Money, Damages, or Losses?
Filing an ethics complaint against a lawyer will not result in a recovery
of the money you lost. If you suffer money damages or out-of-pocket losses
as a result of your lawyer's mistakes or negligence, you may have a legal
malpractice claim.
Malpractice lawsuits require a client to sue the lawyer within one year. If you wish to file a malpractice claim against a lawyer, you should immediately consult with a different lawyer about the one-year limitation and the damages you believe you have suffered.
Can I Recover Money If I Don't Sue My Lawyer?
If your lawyer has illegally taken or misused your money or property, you
may be eligible to recover the loss caused by the dishonest conduct through
filing a claim with the Client's Security Fund
of Ohio, 65 South Front Street, 5th Floor, Columbus, OH 43215-3431, telephone
1.800.231.1680 or 614.387.9390. You do not need the assistance of a lawyer
to file this claim: you may file it yourself.
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