I am filing a misconduct / ethics complaint against an opposing counsel who presented false evidence and witness, was non-compliant with trial process and deadlines, and conducted the litigation in Rambo sneak-attack style. The case was dismissed. Although it is law that counsel comply with discovery, cooperate in scheduling, etc., it did not happen, and I have documentation to substantiate that, as well as documentation to show the evidence offered at trial was false. I live in Virginia.
Not usually. Once you report, the state bar takes over the investigation.
KincerSnyder PC – Experienced Personal Injury Attorneys. This response does not constitute legal advice and we have not formed an attorney-client relationship. Such a relationship can only be created after you have made direct contact with me, we have discussed your case and decided to work together.
Typically, the answer is 'no', you do not need an attorney.
This is just general legal information and not legal advice. It does not constitute attorney-client relationship.
You eventually might when the attorney sues you for libel and slander. However, that will likely not happen because the state bar will almost certainly route your complaint to the circular file. Attorney ethics rules regulate the attorney client relationship. There are only a few rules that apply to regulating attorneys vis a vis opposing parties. There is nearly an absolute privilege when it comes to things done in a court context. Your recourse for attorney misconduct in a litigation context is within the case. The judge in the case oversees the conduct of attorneys during litigation. Your complaint against opposing counsel will not likely go any further than you mailing it to the state bar.
The state bar and ethic rules is not an opportunity for you to re-litigate the case against the opposing attorney. The attorney is allowed to advocate for his client and take his client's story at face value. If there was false evidence and whatnot, that gets resolved in the court case; not as an ethics complaint. I suggest you discuss you situation with experienced ethics counsel before you file your complaint, because odds are (with 90% certainty) you are wasting your time.
No. The bar will investigate your complaint. A lawyer is not necessary.
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
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