Where to file a complaint against a lawyer: 4 main authorities

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Published: 09.21.2018

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According to paragraph 1 of Article 18 of the Code of Professional Ethics of a lawyer, in the event of a violation by the latter of the norms of Russian legislation relating to his direct activities and/or the provisions of the mentioned code, disciplinary measures must be applied. They can be produced in the form:

comments;
warnings;
stripping a lawyer of his official status.

The procedure for applying measures is described in detail in Section 2 of the Code of Professional Ethics.

Where to go Going to court
Contacting the Bar Association

The process of appealing the actions of a lawyer

How to file a complaint

Submission order

Complaint procedure

To initiate the issue of disciplinary proceedings, a person who suspects a lawyer of illegal actions or inaction must contact the competent authority with a corresponding complaint. The following circumstances may be grounds for filing it:

violation by a lawyer of legislation relating to advocacy and the legal profession;
failure by the lawyer to comply with the resolution of the bar association;
the suspect’s act discredits his honor and dignity , thereby diminishing the authority of the bar association and the legal profession as a whole.

To be sure of the need to write a complaint, you must first check with the relevant regulations. First of all, with the Code of Advocate Ethics.

What the law says

The main legal act regulating the process of providing legal assistance to the population is the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation.”

It says here that only a specialist who has the appropriate status can provide legal services (How to write a complaint against a lawyer). First, he needs to obtain a higher specialized education, and then pass a special qualifying exam. It is accepted by the commission of the bar association of a particular subject of the Russian Federation (Chapter 3, Article 9 “Acquiring the status of a lawyer”).

It is the activities of such professionals that are mostly covered by Russian legislation, while the work of ordinary lawyers (consultants for companies, professors of law and jurisprudence, etc.) is regulated only by the internal charters of organizations. There are no state regulations defining exactly how lawyers without legal status are required to act and behave, but they should still remember both the Labor and Civil Codes of the Russian Federation. If an offense is committed by a specialist of this category, the victim will be able to go to the prosecutor’s office, to court, and also, in some cases, to the Federal Antimonopoly Service (more on them below), but he will not be accepted into special commissions.

In addition to the basic law, the activities of lawyers with lawyer status are regulated by the Code of Professional Ethics of Lawyers, adopted at the First All-Russian Congress of Lawyers on January 31, 2003, the Charter of the all-Russian non-governmental non-profit association "Federal Chamber of Lawyers of the Russian Federation", as well as Recommendations for lawyers on interaction with the media. Based on all these documents, the offender may be held liable for the following types of liability:

disciplinary (reprimand, reprimand, withdrawal of lawyer status, dismissal);
civil law (compensation for losses, payment of penalties);
administrative under Art. 14.8 of the Code of Administrative Offenses “Violation of other consumer rights” (warning, imposition of a fine of up to 50,000 rubles);
criminal under Art. 159 “Fraud”, Art. 291 “Giving a bribe”, Art. 303 “Falsification of evidence”, Art. 309 “Bribery or coercion to testify or evade testifying or to mistranslate.”

Is it possible to reject a complaint?

An application for a lawyer may indeed be refused.

When drawing up a complaint, it is worth considering that when accusing a lawyer, you must provide evidence of your words . For example, the applicant claims that he paid the defender money, but he did not complete the work. Here it is necessary to explain how much money the applicant paid and attach a document confirming that the payment actually occurred. It is also necessary to clarify what work the lawyer had to do and provide the necessary documents.

However, if in fact the principal does not have any evidence that the work was not performed, the complaint will be denied.

Complaint to management

If a violation is seen in the actions of a lawyer, the first step is to complain to his immediate superiors. Companies providing legal assistance especially highly value their own reputation and good name, so most incidents can be successfully resolved even in the initial stages.

The claim can be either made in person or submitted in writing, with the latter option being considered more preferable. If you keep a copy of the complaint, which the receiving person signs in the same way as the original, it will be easier to continue the proceedings later. The appeal to the management is drawn up in free form, but it is necessary to briefly but succinctly describe the reason for your dissatisfaction.

How does the court evaluate

When assessing the validity of the client’s demands, the court will necessarily take into account not only how effective the lawyer’s actions were in the trial (Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated July 24, 2014 No. 33–10371/2014), but also the behavior of the client himself: whether he completely removed from participation in it, entrusting the full management of the case to a lawyer, or actively participated in all court hearings along with him, independently signed all procedural documents, which in any case indicates approval of the lawyer’s chosen strategy for conducting the case.

After a court decision on a lawyer, you can send a request to his college to expel or suspend his status as a lawyer in connection with a violation of the lawyer’s code.

Case study on punishment of a law firm

In the Tyumen region, a court, following a client’s claim, tripled the fee that she was obliged to pay to her representatives for legal services.

As follows from the case materials, a resident of Tyumen turned to a lawyer with a request to file a claim against Renaissance Life Insurance Company for the return of the insurance premium and send it to court. They entered into an agreement with her, according to which the woman had to pay 25,000 rubles.
However, according to the client, this was not done within the expected time frame. Then she submitted an application to the law firm to terminate the contract and return the 23,000 rubles paid. The lawyers responded by saying that the statement of claim had been prepared, sent to the magistrate and received by the addressee. In this connection, they consider the obligations under the contract to be fulfilled and there are no grounds for returning the money.
The client filed a lawsuit in the Kalininsky District Court of Tyumen against the legal center, demanding termination of the contract and recovery of 23,000 rubles, compensation for moral damage in the amount of 25,000 rubles. and a fine for violating consumer rights.
As a result, the court imposed a fine of 15,000 rubles on Ediny LLC for violation of consumer rights in the amount of 7,500 rubles. and compensation for moral damage in the amount of 2000 rubles. In total, the client will receive 24,500 rubles from the law firm.

The Eighth Arbitration Court of Appeal approved a fine of 100,000 rubles imposed on a law firm whose services did not have “consumer value”

As follows from the case materials, previously a resident of the Tyumen region received a notification from Gazprom Gazoraspredelenie Sever JSC about the upcoming cessation of gas supplies to her apartment. The reason for this was the woman’s refusal to allow gas workers into her home to carry out paid maintenance work on gas equipment.
The owner of the apartment, wanting to resolve the situation, turned to Avangard LLC (later renamed Prefect LLC) for legal assistance. She entered into an agreement with the company for the provision of legal services with the preparation of draft claims to OJSC Tyumenmezhraigaz, a complaint to Rospotrebnadzor, a statement of claim, as well as providing advice.
The law firm prepared a claim to Gazprom Gazoraspredeleniye Sever JSC to terminate actions aimed at additionally charging for services that were not actually provided and at introducing restrictions on gas supplies, with demands for reimbursement of legal fees and compensation for moral damages. The lawyers also drafted a complaint to Rospotrebnadzor and a statement of claim to the Yalutorovsky District Court to recognize as illegal the actions of the gas company aimed at introducing restrictions on the provision of gas supply services, the obligation to restore gas supply and the requirement to recover legal fees and compensation for moral damages in the amount of 50,000 rub.
Subsequently, however, during the proceedings in court, the owner of the apartment abandoned the claim, realizing that the statement of claim was not aimed at meeting her needs, since the gas supply was not turned off.
The woman appealed to the supervisory authorities, who held the law firm liable under Part 2 of Art. 14.7 of the Code of Administrative Offenses of the Russian Federation (consumer deception) and imposed a fine of 100,000 rubles on her. In particular, the Office of Rospotrebnadzor for the Tyumen Region came to the conclusion that there was no consumer value for the services provided, since the documents it compiled could not resolve the controversial situation.
The law firm appealed the fine decision to the Arbitration Court of the Tyumen Region, and then to the Eighth Arbitration Court of Appeal. However, both courts did not support her position.

Federal Chamber of Lawyers of the Russian Federation (FPA)

This organization can be conditionally comparable to Rospotrebnadzor (How to complain to Rospotrebnadzor), because it also protects the rights of consumers, but in the field of law and jurisprudence. In addition to control, organizational, methodological and personnel activities are carried out here in accordance with the above-mentioned Federal Law No. 63.

Each lawyer is a member of the Bar Association of the subject in which he lives and works, however, all regional entities are still controlled by the FPA, because are included here on the basis of compulsory membership. Neither the central nor the regional associations provide legal services themselves.

It is important! Territorial Chambers of Lawyers are formed by the specialists themselves through constituent meetings (conferences). For each Russian region there is only 1 non-governmental institution of this type.

On the official website of the FPA fparf.ru there is no possibility of filing a complaint through the Internet reception. But contacts are indicated:

address – Moscow, lane. Sivtsev Vrazhek, 43, 119002;
Email -;
telephone numbers for clarification of questions – 8 (495) 787-28-35.

And yet, the powers of the FPA do not include consideration of citizens’ appeals - perhaps they will help with cursory advice or recommendations, but nothing more. However, do not forget that each chamber of the subject has its own websites. This is where complaints against lawyers should be sent to begin prompt proceedings.

You should contact the chamber if the manager has previously ignored the complaint filed against his employee. The complaint is drawn up in free form, but the following must be indicated:

your full name and registration address;
the full name of the organization to which the application is submitted (name of the chamber);
a detailed description of the incident;
a request that needs to be satisfied;
contacts for feedback (phone number, e-mail).

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

Prosecutor's office

You should go to the prosecutor's office (How to complain to the prosecutor's office) if the lawyer is planned to be held accountable for a serious crime, and not for a simple violation of professional ethics. The claim sent here is no longer created in a free, but in a clearly regulated format. The applicant will need to indicate:

Full name of the prosecutor's office.
Details of the head of the department in whose name the paper is written.
Information about yourself (full name, registration address).
Where and when the rights were violated.
Description of the essence of the incident and those provisions of the law that the unscrupulous lawyer violated.
List of requirements.
Links to regulations that substantiate claims.
List of supporting materials (documents, papers submitted to other authorities, etc.).
Signature and date.

A complaint can be submitted by a citizen personally either to the Reception Office of the General Prosecutor's Office of the Russian Federation, located at Moscow, Blagoveshchensky Lane, 10, or to the territorial department of the prosecutor's office for its subject.

Moscow reception opening hours: Monday to Thursday from 9:00 to 18:00 and Friday from 9:00 to 16:45. Break – from 13:00 to 13:45. If you have any questions, please contact the help desk at 8 (495) 987-56-56.

There is also an Internet reception on the website of the Prosecutor General's Office - ipriem.genproc.gov.ru/contacts/ipriem/. To get the fastest possible response to your request, it is recommended to use its top form. Here a citizen can indicate the region in which the crime occurred. This means that the appeal will go directly to those law enforcement officers who are responsible for considering cases at the required site.

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.

investigative committee

The authority for a lawyer who has committed a criminal offense will be found in the investigative committee. This should be addressed, for example, if the lawyer was involved in outright extortion of funds or their misappropriation. Other criminal techniques and methods (bribing witnesses, forging papers, putting pressure on participants in legal proceedings, etc.) are also good reasons to contact an investigator.

However, there are some nuances here: for example, in accordance with Art. 448 of the Criminal Procedure Code of the Russian Federation, lawyers, along with some officials, candidates for deputies, members of election commissions and the President of the country himself, are subject to special proceedings in criminal cases.

It is important! According to clause 10, part 1, art. 448 of the Code of Criminal Procedure of the Russian Federation, the decision to initiate a criminal case against a lawyer is made personally by the head of the investigative body of the Investigative Committee of the Russian Federation for a specific subject.

This measure was taken to protect lawyers from lawlessness and unjustified prosecution. In the absence of such a clause, the principals would have the opportunity to open cases against them for literally any reason.

If a citizen is sure that he has encountered a flagrant violation of rights, he should send a corresponding application to the branch of the Investigative Committee in his region. The investigator's responsibilities include reviewing the complaint within 3 days, which can sometimes extend to 10 or 30 days with prior notification to the person of the delay.

The claim must be made similar to the one submitted to the prosecutor, and then submitted to the Reception employee. You can find out the addresses of territorial branches on the page sledcom.ru/sk_russia/structure/mapregions/ or by calling the help desk -. The main reception office is located at Moscow, st. 1st Frunzenskaya, 3 "A". There is another option - submit an application using the electronic form on the page sledcom.ru/reception.

If the victim is refused to initiate criminal proceedings against a lawyer, he can appeal this decision to the already mentioned Prosecutor's Office or to the final instance - the court.

How to punish a lawyer and lawyer

It is necessary to state the essence of the claim in writing and send it with an inventory to the address of the legal entity that includes the lawyer. Indicate a period of 10 to 20 days to satisfy the request from the date of receipt and warn about the consequences in the form of your actions to go to court and send complaints to supervisory authorities.

In case of no response or refusal, it is necessary to go to court to declare the services not provided and to recover the funds paid.

If legal services were not provided in full and even in the completed part they are of poor quality, then the client has the right to demand the return of the paid fee, since he is obliged to pay only for those services that comply with the terms of the concluded agreement.

Basic lawyer violations

Missing the deadline for filing procedural documents;
failure to appear in court;
drafting documents with errors and other violations;
the statement of claim drawn up is not aimed at meeting her needs;
disclosure of confidential information;
loss of entrusted documents;
incorrect consultations based on an erroneous understanding of the norms of the current legislation of the Russian Federation.
concluding double contracts, for example, simultaneously with an LLC and a lawyer, which leads to confusion regarding the cost of services provided.

Lawsuit

At the very end, a citizen who has not received help from either the Chamber of Lawyers, the Investigative Committee, or the Prosecutor's Office will have only one place left where he can achieve the restoration of the rule of law - the court.

Here, any materials that he received during the proceedings will play into the hands of the plaintiff - a response from management, a letter from a regional organization subordinate to the FPA, conclusions of law enforcement officers (How to contact the police), etc. The contract for the provision of legal services, where the obligations assigned to the lawyer are specified. Based on such a paper, it will be easier for the judge to understand what conditions were violated, where deadlines were missed, etc.

The application to the court is written according to a standard form, requiring the indication:

full name of the institution to which the claim is filed;
personal data of the applicant;
information about the defendant;
reasons for appeal (description of the essence of the offense and accompanying circumstances);
requirements (for example, compensation for losses under Article 15 or 393 of the Civil Code of the Russian Federation, gratuitous elimination of deficiencies under Article 723 of the Civil Code of the Russian Federation, etc.);
links to regulations;
list of attached evidence;
dates and signatures.

You can submit a claim to the court in person through a clerk, by registered mail or through an authorized representative.

It is important! If a lawyer does not have legal status, the main document to which a citizen must refer in his judicial appeal is the Law of 02/07/1992 No. 2300-1 (as amended on 04/18/2018) “On the Protection of Consumer Rights”.

Where to write a complaint

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

Which organs?	Causes
If the violations occurred in the professional sphere
To the Bar Association	· minor errors in the provision of services were identified; · incorrect application of laws in law enforcement practice was discovered.
To the Chamber of Lawyers	· for violation of legal ethics regulated in the Code; · other inaccuracies in the work were made.
If the complaint does not concern the professional sphere, then the application is considered in the general manner
To the police	When misconduct related to fraudulent activities or other crimes is detected.
To the prosecutor's office	· a refusal to consider the application in other departments was received; · inaction of supervisory authorities in protecting the rights of citizens who applied.
To the judiciary	· a demand is made for payment of material damage or refund of money for poor-quality services; · the question of the cancellation of legal actions.

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

Federal Antimonopoly Service (FAS)

Finally, it is worth noting that sometimes in the legal field there are cases of deliberate distortion of information in order to attract more clients. Regular firms, whose employees are not licensed to practice law, call themselves true “litigation experts.” They assure people that with their help they will be able to win the case quickly and easily, achieving payment of alimony, compensation for an accident, etc.

In such a situation, you should write a complaint to the Federal Antimonopoly Service of the Russian Federation, which, among other things, deals with the consideration of violations related to advertising legislation. There is an Internet reception on the site.

possible by phone. The organization's office is located at Moscow, st. Sadovaya-Kudrinskaya, 11, D-242, GSP-3, 125993.

How to properly file a complaint?

Before filing an application, the principal has the right to speak with his lawyer, or contact him in an official letter in order to return the fee or its share.

In addition, if the lawyer has a higher management (for example, if he works in an office or in a legal consultation), then the applicant can contact him directly.

It is worth noting here that requests sent by email are considered anonymous. Anonymous applications will not be considered.

If the lawyer performed his duties in bad faith or deliberately lost the case for his own benefit, then you can sue him.

The legislative framework

The procedure for filing a complaint against a lawyer is regulated by the following regulations:

Federal Law of May 31, 2002 No. 63-FZ.
Code of Professional Ethics for Lawyers dated December 31, 2003.
Charter of the Federal Chamber of Lawyers of the Russian Federation.
Recommendations for lawyers on interaction with the media, approved by Protocol No. 5 of the Council of the Federal Chamber of Lawyers of June 21, 2010.
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ.

Complaint against a lawyer: sample, how to complain and where to file

In the event of litigation, you have probably thought about getting qualified assistance.
There are a great many laws; it is very easy for an ordinary person to get confused or understand them incorrectly. Therefore, you chose to hire a lawyer, but you did not even expect that in the end everything would turn out the way it did. If you are not satisfied with the outcome of the litigation, you will be inclined to look for someone who is to blame - and, of course, it will be the lawyer who could not stand up for you and provide you with the help that you expected and paid for.

Typically, experienced lawyers tend to prevent such a turn of events, so their services are very expensive, and their clients have been booked for a long time.

Less professional representatives of this profession may even commit complete inaction during a case, not to mention other types of professional negligence.

In this case, you need to appeal the actions of the lawyer - in other words, complain about him.

Reasons

It should be noted that it is impossible to file a complaint against a lawyer who simply lost the case. “Promised but failed” is not a valid reason or a violation of the lawyer’s contract with you.

You signed this agreement, which most likely stated that if you lose the case, the lawyer's fee will not be returned.

However, professionals who have been practicing law for more than a year often prescribe the return of part of their fee in this case, but there is no need to complain about them, since they lose cases extremely rarely.

However, there are cases of so-called “gross violation of the laws on advocacy,” which implies the negligence of your lawyer and blatant lack of professionalism.
The law states that any lawyer is responsible for his duties, and failure to fulfill them is a good enough reason to write a complaint .
An example of such a case is a fairly common scenario when you hire a lawyer, sign an agreement with him (or not!), and he disappears with the money in an unknown direction. What to do in this case?

Where to complain

Many people do not know at all to which authority they can file a claim in connection with poor quality of legal services. 90 percent of customer complaints go unanswered precisely because they were sent to the wrong authority that could help you.

Management

If you contacted a law firm, the first thing you need to do is inform its management about the fact of a violation. Companies try not to entrust complex cases to incompetent lawyers, but there are scammers in all areas. So, you need to contact the management of the would-be lawyer and describe the problem to them.

Sometimes a verbal complaint is enough, but it is best to document any action you take. Therefore, make a complaint in two copies addressed to the head of the office - he or any authorized person of the company must sign one of them, confirming your request.

If further proceedings arise, the head of the law firm will not be able to prove that you did not even contact them first.

The most ideal option is to contact management at the stage when you notice the first warning signs. In this way, it will be possible to guarantee that the lawyer’s work will be checked and, possibly, adjusted in the right direction.

Bar Association

It is this organization that is responsible for the activities of lawyers in the country - it controls legal organizations, establishes procedures for their work, checks the quality of services provided, resolves disputes and regulates all documentation.

If a lawyer has committed a serious offense, and the office refused to help you, and the complaint to the manager did not have an effect, you need to contact the bar association. It will help you resolve any disputes with your lawyer, if any, even taking into account your ignorance of laws and regulations.

It is necessary to submit a complaint to the Chamber of Lawyers according to the region where you are located - the Federal Chamber of Lawyers will not consider your complaint, since this organization has its own functions.

In a written application, which you bring in person or send by registered mail, you must provide the following information:

Your full name and address where you are registered;
The full name of the bar association to which you are applying;
The facts of your case, as well as the facts of the lawyer’s violation of his obligations;
Your request – what you want to happen (how the Bar Association can help you).

Prosecutor's office

Despite the fact that the prosecutor's office is not responsible for the actions of lawyers, it considers all facts of violation of citizens' rights.

A violation of your civil rights (if there are problems with the quality of the lawyer’s work or with the service) will remain without consideration by the prosecutor’s office - you will only waste time. However, you can file a claim with this authority if there is a sufficiently compelling reason to do so.

For example, you encountered an office fraud or discovered the dissemination of your information (dissemination of it to third parties, despite the promise of non-disclosure).

The form for contacting the prosecutor's office is very strict ; the application should be written in a businesslike tone, avoiding insults, threats , etc. Make sure that all the information you have is not just empty words, and that you have evidence that you are telling the truth. If you decide to lie to the prosecutor’s office or embellish it in your complaint, during an inspection you may be fined for libel.

Court

The last resort that will protect you if everyone else has failed. Remember that you will still have to sue a lawyer, albeit a negligent one, so enlist the support of a good lawyer and make sure that your evidence is strong enough and has documentary evidence.

You can complain about the actions of a lawyer or their absence within a 3-year period at the location of the lawyer or office . Going to court, if the case is successfully resolved in your favor, may result in payment of compensation for moral or material damage caused by the lawyer.

Going to court is considered the most effective measure in resolving issues regarding unlawful actions of lawyers, since as a result you can not only get your money back, but also punish the fraudster.

Sample

All claims are drawn up according to the same scheme, however, in case of appeal to higher authorities, the rules of business claims must be followed. Thus, a complaint against a lawyer must contain in any form:

Introduction - on the right side of the A4 sheet, your data, the details of the reference authority, as well as current contacts through which you will be contacted to resolve the situation are indicated.
The main part is the title of the document (complaint) and a detailed description of everything that is happening with links to laws, dates and other details relevant to your complaint.
The final part is a list of attached documents, signature and date.

You can find sample applications and statements of claim on the Internet. Remember that the application is written in two copies.

Sample complaint against a lawyer.doc

Drawing up a complaint: legal advice. VIDEO

Source: https://iurist.info/zhalobi/kuda-pisat-zhalobu-na-advokata.html

How to complain to the prosecutor's office via the Internet?

The main task of lawyers is to help citizens protect their legitimate interests and rights from attacks by other citizens and organizations. As a result, this profession is very complex, important and responsible, and under the protection of a lawyer, the client should feel calm and confident.

But what to do if the lawyer’s services only harm the client? What should you do if a lawyer is rude, ruins your case, or even commits crimes right in front of your eyes? Only a complaint will help here. Our article will tell you where and how to submit it.

Grounds for filing a complaint

A good place to start is with a list of reasons why the complaint is being filed. Since the powers of lawyers are very broad, the list of reasons for applying is also very diverse. The most popular of them are:

Incompetence of a lawyer, inability to apply their knowledge in practice, lack of skill in work, misunderstanding of the law or complete ignorance of it;
Ignoring the facts and materials of the case (intentional or unintentional), refusing to listen to the opinions of witnesses or study the evidence in more detail;
Gross errors during the conduct of a case or at the stage of preparation for it;
Incorrect behavior during work , insults towards the defendant, judge, witnesses or even the client;
Disclosure of information that is not subject to public disclosure. For example, personal data of the plaintiff;
Violating any laws, regulations or rules, as well as committing fraudulent activities.

As you can see, you can only complain about a lawyer if he has committed significant misconduct. So if the lawyer you hired tried their best but didn't win the case, you won't be able to file a claim.

Where to contact?

The list of places that will accept your complaint against a lawyer is very limited. These include:

Management of the organization that the lawyer represents;
Bar Association of your region;
Prosecutor's Office;
Court.

Each of these places has its own characteristics, reasons for filing a claim and rules of operation. Therefore, we will consider them separately.

Appeal to management

At the first sign of violations and the lawyer’s refusal to comply with any norms, you should immediately contact directly the management of the organization where you hired the incompetent lawyer. This is very easy to do, since you don’t need to follow any strict handling rules.

The claim can be submitted either orally or in writing addressed to the head of the organization. The good thing about an oral complaint is that it is easy to prepare—you just need to clearly formulate your idea and convey it to the authorized person.

But, if you have the opportunity and time, it is better to submit the complaint in writing in two copies, after signing, keeping one copy for yourself - this way you will document your appeal to management for future proceedings.

It is worth noting that transferring a claim to management when working with lawyers is surprisingly effective. This is due to the fact that the main thing for law firms is reputation and error-free work. So if you contact management before a minor violation develops into a conflict, then you have every chance of avoiding it completely.

Contacting the Bar Association

Let's move on to more serious authorities for appeal, namely the Chamber of Lawyers. This organization is a kind of Rospotrebnadzor, but for the control of legal organizations. His tasks include:

Setting standards for the work of lawyers;
Monitoring the quality of work of lawyers;
Settlement of disputes between lawyer and client;
Checking the activities of a lawyer in order to identify errors and violations;
Checking both the documentation of the offices themselves and the case materials used.

The Bar Association is good because it will help you resolve disputes with a lawyer, even if you know nothing at all about regulations or laws.

But it’s worth going there only if the lawyer has committed a serious offense in his work, and the management refused to help you without explaining a logical reason.

It is in this case that the Chamber of Lawyers will be able to help you as effectively as possible.

In order to submit your request, you will need to make a written statement. Its form is free, but you will need to provide the following information:

Full name of the applicant and his registered address;
The full name of the chamber to which your claim is being submitted;
General information on the case and a detailed description of the problem;
Your request to the Chamber of Lawyers.

It is important to keep in mind that only the Bar Association in your region will accept your application . So don’t get confused and don’t send your appeal to the Federal Chamber of Lawyers - it is not authorized to consider citizens’ appeals, since its task is to determine the standards of work for lawyers and resolve global management issues.

Complaint to the prosecutor's office

Let's move on to claims to law enforcement agencies, namely the prosecutor's office. The peculiarity of this service is that it considers only problems of violation of citizens' rights.

That is, she will not take on cases related to service problems, the quality of the lawyer’s work, or other issues that do not affect the client’s civil rights .

So a claim can only be filed for serious reasons, such as fraud or dissemination of information.

An appeal to the prosecutor's office already has a strict form, and drawing it up is much more difficult. Let's start with the general rules.

Each appeal to the prosecutor's office must be written in a business style, there should be no threats or insults, and all facts and events described must be truthful and confirmed.

If at least one of these rules is violated, they will no longer be able to help you and the appeal will be returned.

So, let's move on to the form of complaint against a lawyer to the prosecutor's office.

Title. Serves to identify the parties to the conflict. It should indicate: The name of the department to which the complaint will be filed, as well as the name and title of its head;
Information about who is filing the complaint: full name, registration address, contacts;
Information about whom the complaint is being made.

Information part. Contains the essence of your application. It states:

Description of the problem;

Description of ways to resolve it peacefully;

Your request to the authorized representative;

Its justification from the point of view of legislation.

Conclusion. Contains all third party information. It must include the following:

A list of all documents attached to the claim;

Applicant's signature;

Date of filing the complaint against the lawyer.

Upon your request, prosecutors will be required to conduct an investigation, the results of which you will be notified in an official letter.

Complaint to court

The last place in which you can protect your interests is the court. You have every right to sue an attorney for any significant issue. But it is worth remembering that you will be suing a lawyer, so you may need the help of an equally, but more competent lawyer.

If you were able to enlist support, you have evidence of guilt and the opportunity to participate in litigation, then feel free to write and submit a statement of claim. Its form is completely similar to the complaint to the prosecutor's office, except that it is not necessary to indicate an authorized person.

You can submit a completed application along with documents in person, by mail or by a representative.

It is worth considering that a complaint against a lawyer in court is the most effective and versatile measure, since with its help you can demand compensation for expenses, compensation for moral damages and other punitive measures against the violator.

Where can I complain about a lawyer?

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.

Multi-channel free hotline Legal advice on criminal law. Daily from 9.00 to 21.00Moscow and region: +7(499) 288-17-41St. Petersburg

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.

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.

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).

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.

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.

Submission methods

Currently, you can file a complaint in one of the following ways:

In electronic form, by submitting an application to the online reception on the official portal of the institution;
In electronic form, using the public services portal;
During personal appearance at the selected institution;
By Russian Post, by registered mail with a list of attachments and notification of receipt.

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.

Going to court

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.