If You Have a Problem With a Lawyer or Licensed Paralegal

This is general information about standards for the conduct of lawyers and licensed paralegals, and how the Oregon State Bar (OSB) investigates inquiries and complaints about members.

Introduction

All members of the Oregon State Bar promise to uphold the law and to comply with rules of conduct adopted by the Oregon Supreme Court. Most lawyers and Licensed Paralegals (LPs) are reputable and work hard to represent their clients enthusiastically and effectively. Those who violate the rules of conduct are subject to discipline by the Oregon Supreme Court; in very serious cases this can mean a suspension or loss of the member’s license to practice.

The bar’s Client Assistance Office reviews all inquiries and complaints about lawyer and LP conduct. Complaints that present sufficient evidence of a violation are referred to Disciplinary Counsel’s Office. If the inquiry or complaint does not involve misconduct, the Client Assistance Office may be able to provide some assistance or a referral to another resource. Bar resources include the Fee Dispute Resolution Program, the Client Security Fund and the Professional Liability Fund. We may also refer you to public or community resources.

What can I do if I have a problem with my lawyer or Licensed Paralegal (LP)?

Many problems are the result of poor communication or differing expectations about how your case will be handled. We encourage clients to try to work out such problems directly with the lawyer or LP if possible. You may need to schedule an appointment with your legal professional to talk about the problem; you might also wish to explain your position in a letter. Before you contact the lawyer/LP, think about what you want to say and how you would like to have the problem resolved. Keep a record of when you talked to the lawyer/LP about the problem; also keep copies of any letters you send or receive about the problem.

Can I fire my lawyer/Licensed Paralegal (LP)?

If you are still unhappy after you have talked about the problem, you can fire your lawyer or Licensed Paralegal and hire another one. Your lawyer/LP may also choose to resign. If this happens, you are entitled to a copy of your file and any fees you paid in advance that weren’t earned. Keep in mind, however, that if you owe for fees or costs already incurred, the lawyer/LP may be able to hold onto your file until the money is paid. The lawyer/LP may also be able to charge you to copy your file. You should look to your fee agreement for more information.

How can the Oregon State Bar help me?

The OSB Client Assistance Office may be able to help you resolve a problem with your lawyer or Licensed Paralegal that you are unable to resolve on your own. For instance, we may be able to help you get your file, or resolve a communications problem between you and your lawyer/LP. We can explain and provide some general information about the legal system, the client relationship, and the ethical obligations of lawyers. We can also refer you to other agencies and resources that offer help we cannot provide. The Client Assistance Office cannot give you legal advice and we cannot force a bar member to resolve a problem in any particular way. You can reach the Client Assistance Office at (503) 431-6480 in the Portland metro area, and at (800) 452-8620, ext. 480 from elsewhere in Oregon.

What should I do if I think a lawyer or Licensed Paralegal has acted improperly?

If you think an Oregon bar member has violated a disciplinary rule, you can file a written complaint with the Client Assistance Office. We will screen your inquiry to determine if there is sufficient basis to warrant further investigation. We may refer it to Disciplinary Counsel’s Office for further review. The disciplinary rules are contained in the Oregon Rules of Professional Conduct.

While the filing of a complaint against a lawyer or LP is a serious matter that should not be undertaken lightly, you do not need to be an expert on the legal profession’s ethical standards to submit your concerns to the state bar. We will determine whether the member has engaged in misconduct warranting disciplinary action. If you are not sure whether your concerns may involve ethical misconduct, you can call the Client Assistance Office to discuss the matter.

If you want to file a complaint, you must put your concerns in writing. No particular form is required. You may submit a complaint regarding an OSB Lawyer on our website. Please print if you handwrite a complaint. Include copies of any documents that are relevant to your complaint if you have them. Do not send originals unless we specifically ask; we will not return documents to you. Please note that all documents received by the bar are considered public records. Please only use one side of each page.

What if I think my lawyer or Licensed Paralegal (LP) stole my money?

The OSB Client Security Fund may reimburse a client whose lawyer or LP has misappropriated or stolen money or other property. The theft must have happened during the course of a lawyer-client or LP-client relationship or while the bar member was acting as a fiduciary in connection with the practice of law. Information about the Client Security Fund and forms in order to apply for reimbursement are available online or by contacting the office of OSB General Counsel at (503) 620-0222, ext. 363 or (800) 452-8620, ext. 363 (toll-free within Oregon).

What if I think my lawyer’s or Licensed Paralegals (LPs) fees are unreasonable?

Sometimes a bar member’s fees violate the rules of professional conduct. In these cases, the member may be disciplined. More often, however, clients believe the fees are not reasonable because they lost their case or because they feel their lawyer/LP did a poor job representing them. In these cases, clients want their fees to be reduced. The Fee Dispute Resolution Program offers a way for legal professionals and their clients to voluntarily resolve these kinds of disputes over fees. Independent, voluntary mediators or arbitrators are used to help resolve fee disputes. The person who requests mediation or arbitration must pay a modest fee. The decision of the arbitrator is binding on the parties, subject to only limited court review. Mediation is a nonbinding process in which parties work with a mediator to seek a mutually agreeable outcome. If you would like more information about the program, or would like the help of the program in resolving a fee dispute, please call (503) 431-6480 to request forms. Please be sure to include the name and location of the lawyer or LP involved in the dispute.

What if I think my lawyer or Licensed Paralegal (LP) committed malpractice?

Lawyers and Licensed Paralegals sometimes make mistakes. If the mistake causes a loss, you may be able to recover through a malpractice suit. Legal malpractice is the failure of a lawyer/LP to represent a client in a way that conforms with the legal standard of care in the community. Note that not every bad result or error in judgment is legal malpractice. If you think your lawyer/LP might have been negligent in representing you, you should contact a lawyer who handles professional malpractice cases. All Oregon lawyers and Licensed Paralegals in the private practice of law whose principal office is in Oregon are required to have professional liability coverage.

How can I find out if the lawyer or LP representing me has had problems in the past?

OSB records concerning bar members are public. The Oregon State Bar can provide some general information over the telephone about a member’s disciplinary history and about other inquiries concerning a member. Disciplinary history for individual bar members also is available through the online member directory. Individuals wishing to review public records can submit a request online using the form available through this link: Public Records Center.

Ethics Complaints and Member Discipline

Screening

All inquiries about lawyer or Licensed Paralegal conduct are reviewed first by the Client Assistance Office (CAO) to determine if there is sufficient basis to warrant further investigation by the bar. Staff in that office may call you or the member for additional information. A copy of your written complaint will be sent to the lawyer/LP and you will receive a copy of any written response received by the CAO.

If there is no sufficient basis to warrant further investigation your complaint will be dismissed and you will be notified. (Even with a dismissed complaint, the Client Assistance Office may be able to help you in addressing your concerns.)

If the CAO finds that there is sufficient basis to warrant further investigation your complaint will be referred to Disciplinary Counsel’s Office.

Investigation by Disciplinary Counsel’s Office

Disciplinary Counsel’s Office investigates all grievances referred by the Client Assistance Office. You and the lawyer or Licensed Paralegal (respondent) may be asked to submit additional information or to respond to specific questions. Personal or telephone interviews may be conducted and staff may gather information from other sources. You should not expect your complaint to be decided solely on the basis of what you claim happened. (Nor should the respondent expect that a matter will be decided based solely on the information the respondent provides.) The final decision must depend upon the weight of all the available evidence.

If Disciplinary Counsel’s Office finds sufficient evidence, the grievance is submitted to the State Professional Responsibility Board (SPRB) for review. The SPRB is composed of eight lawyers and two nonlawyer ("public") members. The SPRB can dismiss the complaint, admonish the respondent, or authorize formal charges against them.

Formal Proceeding and Hearing

If the SPRB finds that probable cause exists to believe that a disciplinary rule violation has occurred, a formal proceeding is filed against the lawyer or LP (respondent) by the bar. The lawyer is notified and required to answer. A trial panel is appointed to act as judge. Each trial panel includes the Adjudicator, who is a lawyer appointed by the Oregon Supreme Court and employed by the Bar, a second lawyer and one nonlawyer ("public") member. The second and third members of the panel are trained volunteers.

A formal hearing, much like a court trial, will be held. Evidence in the form of testimony or documents is presented by both the bar and the respondent=. The bar must establish its allegations by clear and convincing evidence. As in a trial, witnesses testify under oath and a record is made of the proceedings. In most cases, the person making the complaint is called to testify at the hearing. The trial panel issues a written decision, including findings of fact, conclusions and a disposition regarding the charges.

Review by Oregon Supreme Court

Both sides have the ability to seek review of the trial panel decision upon timely filing of a request for review.  The SPRB determines on behalf of the bar whether to appeal.  The Oregon Supreme Court reviews the matter de novo, which means that it takes a fresh look at the evidence and findings and is not bound by the trial panel’s decision.

How Long Does it Take?

The Client Assistance Office tries to perform its initial screening quickly and efficiently. Disciplinary Counsel’s Office also handles investigations as efficiently as possible. It is impossible to predict how long it will take to handle any particular complaint. Much depends on the nature of the complaint, whether or not the facts are disputed, and the volume of material that needs to be collected and reviewed. You will be kept informed of the outcome of your inquiry or grievance.

Some Things You Should Not Expect

Reimbursement for Damages or Loss. You should not expect, as a result of an inquiry or grievance about a lawyer, that you will receive any money or reimbursement of loss except as may be available in a claim to the Client Security Fund or through the lawyer’s or Licensed Paralegal’s malpractice coverage or other civil claim. Keep in mind that those claims are not part of the investigation of lawyer/LP conduct but are separate and distinct matters.

Legal Advice. We cannot give you legal advice or represent you in your underlying legal matter. Other than through the bar’s Referral and Information Service, we cannot recommend someone to represent you.

Out of State Lawyers. The Oregon State Bar has authority only over the conduct of OSB members or lawyers who have been granted special admission for a limited purpose. If you have a complaint against someone licensed in another state, contact the regulatory agency in that state for information on making a complaint. Contact information for most jurisdictions is available online. We maintain records of all lawyers and icensed aralegals who are licensed in Oregon; you may search our member directory to confirm whether a person is admitted to practice in Oregon. If you are not sure which state has authority to address the complaint, you may contact the Client Assistance Office for information.

Non-lawyers. Only lawyers and licensed paralegals may practice law, including selecting and drafting legal documents; appearing for another person in court; or providing legal advice or services to another person on any matter involving the application of legal principles to a specific situation. The Oregon State Bar’s Unlawful Practice of Law Committee is authorized to investigate complaints that a nonlawyer is practicing law, and may seek restitution for victims in a proceeding to stop the unlawful practice. If you wish to make a complaint about nonlawyer practice, contact OSB General Counsel’s office at (503) 620-0222, ext. 363 or (800) 452-8620, ext. 363 (within Oregon) for information about how to present your complaint.

Rude and Unprofessional Behavior. The Oregon State Bar does not have authority to discipline members who are rude or discourteous. Poor customer service is generally not an ethical violation. If the member representing you is rude or unprofessional and their behavior is affecting your ability to work together on your case, the Client Assistance Office may be able to help.

Personal Matters. The bar generally does not investigate matters that arise in a member’s personal life, such as disputes with neighbors, creditors or spouses. If you are unsure whether the member’s personal conduct involves professional misconduct, you may contact the Client Assistance Office.

Judges. The bar does not generally have authority to investigate the conduct of judges for acts in the course of their judicial duties. Complaints about a judge may be sent to the Commission on Judicial Fitness & Disability, P.O. Box 90398, Portland, OR 97290; Email: judicial.fitness@cjfd.oregon.gov; Telephone: 503.626.6776, Fax 503.626.6787.

Updated 2023