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Outline

Filing a grievance against an attorney can be a daunting process, but the Texas Grievance Form provides a structured way to voice your concerns. This form is designed for individuals who believe their attorney has acted improperly or failed to fulfill their obligations. Before diving into the details of the grievance process, it's essential to note that there may be quicker resolutions available through the Client-Attorney Assistance Program (CAAP). This program can help address issues like communication difficulties or delays in your case without requiring a formal grievance. If you decide to proceed with the grievance, the form requires you to provide comprehensive information about yourself, the attorney in question, and the nature of your complaint. Key sections include your personal details, the attorney’s information, and a detailed account of the alleged misconduct. Additionally, you must indicate whether you have previously contacted CAAP and clarify your relationship with the attorney. Remember, grievances are specific to individual attorneys, so if you have concerns about multiple lawyers, separate forms will be necessary. Completing the Texas Grievance Form accurately is crucial, as it ensures that your complaint is taken seriously and addressed appropriately.

Sample - Texas Grievance Form

OFFICE OF THE CHIEF DISCIPLINARY COUNSEL

STATE BAR OF TEXAS

GRIEVANCE FORM

ONLINE FILING AVAILABLE AT http://cdc.texasbar.com.

I.GENERAL INFORMATION

Before you fill out this paperwork, there may be a faster way to resolve the issue you are currently having with an attorney.

If you are considering filing a grievance against a Texas attorney for any of the following reasons:

~You are concerned about the progress of your case.

~Communication with your attorney is difficult.

~Your case is over or you have fired your attorney and you need documents from your file or your former attorney.

You may want to consider contacting the Client-Attorney Assistance Program (CAAP) at 1-800-932-1900.

CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the filing of a formal grievance.

CAAP can resolve many problems without a grievance being filed by providing information, by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter.

I have ______ I have not ______ contacted the Client-Attorney Assistance Program.

If you prefer, you have the option to file your grievance online at http://cdc.texasbar.com.

In order for us to comply with our deadlines, additional information/documentation that you would like to include as part of your grievance submission must be received in this office by mail or fax within (10) days after submission of your grievance. Please limit your additional information to 25 pages. Information, including audio, video or image files, submitted on a USB thumb drive or flash drive must not exceed 25MB. Information received after the 10 day deadline will be returned and not considered, as well as information submitted on CDs, DVDs, cassette tapes or other unsupported media. Thank you for your cooperation in this matter.

NOTE: Please be sure to fill out each section completely. Do not leave any section blank. If you do not know the answer to any question, write “I don’t know.”

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II.INFORMATION ABOUT YOU -- PLEASE KEEP CURRENT

Mr.

1.

TDCJ/SID #

Ms.

Name:

 

_____________________________________

 

 

Immigration # _______________

 

 

Address: _____________________________________________________________________

 

_____________________________________________________________________________

 

City: ____________________

State: _________________ Zip Code: ______________

2.Employer:___________________________________________________________________

Employer’s Address:__________________________________________________________

___________________________________________________________________________

3.Telephone numbers: Residence: ____________________ Work: _____________________

Cell: _________________

4.Email:______________________________________________________________________

5.Drivers License # _____________________ Date of Birth __________________

6.Name, address, and telephone number of person who can always reach you in the event that the Office of Chief Disciplinary Counsel needs to locate you. *Please note that confidentiality is not waived and this individual does not have the authority to contact the Office of Chief Disciplinary Counsel in order to obtain information about this grievance.

Name _______________________________ Address _______________________________

______________________________ Telephone ___________________________________

7.Do you understand and write in the English language? ______________________

If no, what is your primary language? ___________

Who helped you prepare this form? _____________________________________

Will they be available to translate future correspondence during this process? _________

8.Are you a Judge? _____________________

If yes, please provide Court, County, City, State: ____________________________________

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III.INFORMATION ABOUT ATTORNEY

Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining.

1.Attorney name: _____________________________ Address: ____________________

City: ______________________ State:_____________ Zip Code:_________________

2. Telephone number: Work _____________ Home ________________ Other _____________

3.Have you or a member of your family filed a grievance about this attorney previously?

Yes ___ No ___ If “yes”, please state its approximate date and outcome. ____________

______________________________________________________________________________

Have you or a member of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney?

Yes ____ No ___ If “yes,” please state its approximate date and outcome.

________________________________________________________________________

4.Please check one of the following:

________

This attorney was hired to represent me.

________

This attorney was appointed to represent me.

________

This attorney was hired to represent someone else.

If you hired the attorney, tell us how you met the attorney. Specifically, please provide details about how you came to know and hire this attorney.___________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Please give the date the attorney was hired or appointed. __________________________

Please state what the attorney was hired or appointed to do.________________________

_____________________________________________________________________________

_____________________________________________________________________________

5.What was your fee arrangement with the attorney? ____________________________________

_____________________________________________________________________________

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How much did you pay the attorney? ______________________________________________

_____________________________________________________________________________

If you signed a contract and have a copy, please attach.

If you have copies of checks and/or receipts, please attach.

Do not send originals.

6.If you did not hire the attorney, what is your connection with the attorney? Explain briefly

______________________________________________________________________________

______________________________________________________________________________

7.Are you currently represented by an attorney? ____________________

If yes, please provide information about your current attorney: ___________________________

_____________________________________________________________________________

8.Do you claim the attorney has an impairment, such as depression or a substance use disorder? If yes, please provide specifics (your personal observations of the attorney such as slurred speech, odor of alcohol, ingestion of alcohol or drugs in your presence etc., including the date you observed this, the time of day, and location).

________________________________________________________________________

________________________________________________________________________

9.Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impairment, such as depression or a substance use disorder? If so, please provide details.

________________________________________________________________________

________________________________________________________________________

IV. INFORMATION ABOUT YOUR GRIEVANCE

1.Where did the activity you are complaining about occur?

County: _________________ City: ________________

2.If your grievance is about a lawsuit, answer the following, if known:

a. Name of court ________________________________________________________

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b.Title of the suit ________________________________________________________

c.Case number and date suit was filed _______________________________________

d.If you are not a party to this suit, what is your connection with it? Explain briefly.

______________________________________________________________________

If you have copies of court documents, please attach.

3.Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if necessary.

Supporting documents, such as copies of a retainer agreement, proof of payment, correspondence between you and your attorney, the case name and number if a specific case is involved, and copies of papers filed in connection with the case, may be useful to our investigation. Do not send originals, as they will not be returned. Additionally, please do not use staples, post-it notes, or binding. Please limit your supporting documentation to 25 pages. Information, including audio, video or image files, submitted on a USB thumb drive or flash drive must not exceed 25MB. Information received after the 10 day deadline will be returned and not considered, as well as information submitted on CDs, DVDs, cassette tapes or other unsupported media.

Include the names, addresses, and telephone number of all persons who know something about your grievance.

Please be advised that a copy of your grievance will be forwarded to the attorney named in your grievance. To protect your privacy and the privacy of others, please redact personal identifying information (i.e., social security number, date of birth) from any document you provide in support of your grievance and avoid submitting medical records or protected health information belonging to third- parties. Please be advised that in the event that you do provide records that contain your own personal identifying information or protected health information, you are authorizing us to share this information with the attorney named in your grievance. Be advised that documents that contain unredacted third party personal identifying information or that individual’s protected health information will be returned and not considered. By executing the grievance below, you authorize the CDC to disclose your personal identifying information and protected health information as necessary to comply with the law, or as necessary to carry out the function and duties of the CDC.

______________________________________________________________________________

______________________________________________________________________________

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V.HOW DID YOU LEARN ABOUT THE STATE BAR OF TEXAS’ ATTORNEY GRIEVANCE PROCESS?

__

Yellow Pages

__

CAAP

__

Internet

__

Attorney

__

Other

__

Website

VI. ATTORNEY-CLIENT PRIVILEGE WAIVER

I hereby expressly waive any attorney-client privilege as to the attorney, the subject of this Grievance, and authorize such attorney to reveal any information in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar of Texas. I understand that it may be necessary to act promptly to preserve any legal rights I may have, and that commencement of a civil action may be required to preserve those rights.

Additionally, I understand that the Office of Chief Disciplinary Counsel may exercise its discretion and refer this Grievance to the Client-Attorney Assistance Program (CAAP) of the State Bar of Texas for assistance in resolving a subject matter of this Grievance. In that regard, I hereby acknowledge my understanding that such discretionary referral does not constitute the commencement of a civil action and that the State Bar of Texas will not commence any civil action on my part. I acknowledge that it is my responsibility to seek and obtain any necessary legal advice with respect to this matter. I also understand that any information I provide to the State Bar of Texas may be used to assist me and will remain confidential for purposes of resolving the issue(s) described above.

I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances.

I hereby swear and affirm that I am the person named in Section II, Question 1 of this form (the Complainant) and that the information provided in this Grievance is true and correct to the best of my knowledge.

Signature: _________________________________ Date: ______________________

TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL

P.O. Box 13287

Austin, TX 78711

Fax: (512) 427-4169

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Form Information

Fact Name Description
Online Filing The Texas Grievance Form can be filed online at http://cdc.texasbar.com, providing a convenient option for individuals.
Client-Attorney Assistance Program Before filing a grievance, individuals are encouraged to contact the Client-Attorney Assistance Program (CAAP) at 1-800-932-1900 for quicker resolution of issues.
Governing Law The grievance process is governed by the Texas Rules of Disciplinary Procedure, ensuring a structured approach to attorney complaints.
Multiple Grievances A separate grievance form must be completed for each attorney against whom a complaint is made, emphasizing the need for specificity in the filing process.

Detailed Guide for Filling Out Texas Grievance

Filling out the Texas Grievance form is an important step in addressing your concerns about an attorney's conduct. After completing the form, it will be reviewed by the appropriate authorities. You will receive further communication regarding the status of your grievance.

  1. Visit the Texas Grievance form online at http://cdc.texasbar.com.
  2. Begin with the General Information section. Indicate whether you have contacted the Client-Attorney Assistance Program (CAAP).
  3. Fill out the Information About You section completely. Include your name, address, contact numbers, email, and date of birth.
  4. Provide information about a person who can always reach you, including their name, address, and telephone number.
  5. Indicate whether you understand and write in English. If not, specify your primary language and who assisted you with the form.
  6. Complete the Information About Attorney section. Name the attorney you are complaining about and provide their contact details.
  7. Answer whether you or a family member has previously filed a grievance or appeal regarding this attorney.
  8. Check the appropriate box to indicate how the attorney was hired or appointed, and provide details about the fee arrangement.
  9. If applicable, explain your connection to the attorney if you did not hire them directly.
  10. State whether you are currently represented by another attorney and provide their information if applicable.
  11. Detail any observations regarding the attorney’s impairment, if relevant.
  12. Complete the Information About Your Grievance section. Specify where the issue occurred, including the county and city.
  13. If your grievance relates to a lawsuit, provide the name of the court, title of the suit, case number, and your connection to it.
  14. Explain in detail why you believe the attorney acted improperly or failed to act. Attach any relevant documents, but do not send originals.
  15. List the names and contact information of any individuals who can provide additional information about your grievance.
  16. Finally, indicate how you learned about the State Bar of Texas' grievance process.

Obtain Answers on Texas Grievance

  1. What is the Texas Grievance Form used for?

    The Texas Grievance Form is a tool for individuals to formally report concerns about the conduct of a Texas attorney. Common reasons for filing a grievance include issues related to the progress of a case, poor communication, or difficulty obtaining documents after terminating an attorney's services. This form is part of the process to ensure that attorneys adhere to professional standards and ethics.

  2. How can I resolve issues with my attorney without filing a grievance?

    Before proceeding with a formal grievance, consider reaching out to the Client-Attorney Assistance Program (CAAP) at 1-800-932-1900. This program offers a quicker resolution to common issues. CAAP can provide information, suggest self-help options, or even contact the attorney on your behalf. Many complaints can be resolved through this informal channel, saving time and effort.

  3. What information do I need to provide on the grievance form?

    When filling out the grievance form, you will need to provide comprehensive information about yourself, the attorney in question, and the specifics of your grievance. This includes:

    • Your personal details, such as name, address, and contact information.
    • Information about the attorney, including their name, address, and phone number.
    • A detailed account of the issues you are experiencing, including any relevant documents or evidence.

    It is crucial to fill out each section completely. If you are unsure about a question, write “I don’t know” instead of leaving it blank.

  4. What happens after I submit my grievance?

    Once you submit your grievance, it will be reviewed by the Office of the Chief Disciplinary Counsel. The attorney named in your grievance will receive a copy of your complaint. The review process may involve gathering additional information and conducting interviews. You will be kept informed about the status of your grievance as it progresses through the system.

Common mistakes

Filing a grievance against an attorney in Texas can be a daunting process, and many people make mistakes that can hinder their case. One common mistake is leaving sections of the Texas Grievance form blank. Each section is designed to gather specific information that is crucial for the review of your grievance. If you don’t know the answer to a question, it’s important to simply write “I don’t know” instead of skipping it. This ensures that the reviewing body has as much information as possible to make an informed decision.

Another frequent error involves not providing enough detail about the grievance itself. When explaining why you believe the attorney has acted improperly, it’s vital to be thorough and clear. Vague statements may lead to confusion and could result in your grievance being dismissed. Include specific examples, dates, and any relevant documentation to support your claims. The more context you provide, the better the chances of your grievance being taken seriously.

Some individuals also neglect to include the necessary contact information for witnesses or others who may have insight into the situation. This can be a significant oversight. Providing the names, addresses, and phone numbers of people who can corroborate your claims strengthens your case. Without this information, the State Bar may struggle to gather additional evidence or perspectives on your grievance.

Additionally, many people fail to check whether they have previously filed a grievance against the same attorney. This is an important detail that needs to be disclosed. If you or a family member has filed a grievance before, it can impact the current case. Be honest and transparent about any past grievances to avoid complications later on.

Finally, some individuals forget to keep copies of their submitted forms and any attachments. It’s essential to retain a record of what you have sent, as this can be helpful if you need to follow up or if there are any questions about your grievance. Keeping your own copies ensures that you have all the information at your fingertips throughout the process.

Documents used along the form

When filing a grievance against an attorney in Texas, several other forms and documents may be necessary to support your case. These documents can help clarify the situation and provide additional context. Below is a list of commonly used forms and documents alongside the Texas Grievance form.

  • Client-Attorney Assistance Program (CAAP) Request: This form allows you to seek assistance from CAAP before filing a formal grievance. It can help resolve issues quickly and informally.
  • Authorization to Release Information: This document grants permission for your attorney to share your information with third parties, such as the State Bar, if needed during the grievance process.
  • Fee Dispute Resolution Form: If your grievance involves a dispute over fees, this form can be used to formally address and resolve those financial issues with your attorney.
  • Evidence Submission Form: Use this form to submit any supporting documents, such as emails, contracts, or letters, that relate to your grievance.
  • Witness Statement Form: This document collects statements from individuals who can provide insight into your grievance, supporting your claims against the attorney.
  • Appeal Form: If your grievance is not resolved to your satisfaction, this form allows you to appeal the decision made by the State Bar.
  • Confidentiality Agreement: This agreement ensures that any sensitive information shared during the grievance process remains confidential, protecting your privacy.

Having these documents ready can streamline the grievance process and strengthen your case. Always ensure that you fill out each form completely and accurately to avoid delays.

Similar forms

  • Complaint Form: Similar to the Texas Grievance form, a complaint form allows individuals to formally express concerns about a service or product. Both documents require detailed information about the issue and the parties involved.
  • Consumer Complaint Report: This report is used to file grievances against businesses or service providers. Like the Texas Grievance form, it collects personal information and specifics about the complaint to facilitate resolution.
  • Legal Malpractice Claim Form: When clients believe their attorney has acted negligently, they can use this form. It shares similarities with the Texas Grievance form in that it requires detailed descriptions of the alleged misconduct.
  • Bar Association Complaint Form: This document is used to file complaints against attorneys at various bar associations across the U.S. It mirrors the Texas Grievance form by necessitating information about the attorney and the nature of the grievance.
  • Employment Grievance Form: Employees can use this form to report issues related to workplace misconduct. Both forms require clear details about the grievance and the parties involved, aiming for resolution.
  • Patient Complaint Form: In healthcare settings, patients can file complaints regarding their treatment. This form, like the Texas Grievance form, collects essential information to address the issues raised.
  • School Grievance Form: Students or parents can use this form to report issues within educational institutions. Similar to the Texas Grievance form, it gathers detailed information to facilitate a proper response.
  • Insurance Claim Dispute Form: When policyholders have disputes with their insurance providers, this form allows them to formally state their grievances. Both forms require detailed descriptions of the issues at hand.
  • Tenant Complaint Form: Renters can use this form to report issues with their landlords. Like the Texas Grievance form, it asks for specific details about the complaint to ensure effective resolution.
  • Professional Licensing Complaint Form: This document is used to report misconduct by licensed professionals. It aligns with the Texas Grievance form in that it seeks to gather comprehensive information to address the grievance.

Dos and Don'ts

When filling out the Texas Grievance form, it is important to be thorough and accurate. Here are some guidelines to help you navigate the process effectively:

  • Do fill out each section completely. Leaving sections blank can delay your grievance.
  • Do provide clear and concise information about your grievance. Include specific details and relevant facts.
  • Do attach any supporting documents, such as contracts or correspondence, that relate to your grievance.
  • Do contact the Client-Attorney Assistance Program if you believe your issue can be resolved without filing a formal grievance.
  • Don't use staples, post-it notes, or any form of binding on your submission. This can complicate the processing of your grievance.
  • Don't send original documents. Only copies should be submitted, as originals will not be returned.
  • Don't exaggerate or make unsubstantiated claims. Stick to the facts as you know them.
  • Don't forget to provide your contact information accurately. This ensures that you can be reached for any follow-up.

Following these guidelines can help ensure that your grievance is processed smoothly and efficiently. Take your time to review your form before submission.

Misconceptions

Misunderstandings about the Texas Grievance form can lead to confusion and frustration for those seeking to address issues with their attorneys. Here are seven common misconceptions:

  • Filing a grievance is the only way to resolve issues with an attorney. Many people believe that filing a grievance is the only option available. In reality, the Client-Attorney Assistance Program (CAAP) offers a quicker and often more effective way to resolve disputes without formal grievances.
  • Grievances can be filed against law firms. A common misconception is that grievances can be directed at law firms. However, the grievance process is designed specifically for individual attorneys, not firms.
  • You must have a legal case to file a grievance. Some individuals think they need to be involved in an active legal case to file a grievance. This is not true; grievances can be filed for a variety of reasons, including poor communication or failure to return documents.
  • The grievance process is quick and simple. Many assume that once a grievance is filed, the process will be resolved quickly. However, the investigation and resolution can take time, and it’s essential to provide detailed information to avoid delays.
  • All grievances result in disciplinary action against the attorney. Some believe that filing a grievance automatically leads to consequences for the attorney. In reality, not all grievances result in disciplinary measures; many are resolved without formal action.
  • You can remain anonymous when filing a grievance. While some may wish to keep their identity hidden, grievances are typically forwarded to the attorney in question. This means that the attorney will know who filed the grievance.
  • Once filed, you cannot withdraw a grievance. It is a misconception that a grievance cannot be withdrawn once it has been submitted. In certain situations, individuals can choose to withdraw their grievance, but they should consult the appropriate authorities for guidance.

Understanding these misconceptions is crucial for anyone considering the grievance process. It can save time, effort, and emotional energy while navigating the complexities of attorney-client relationships.

Key takeaways

  • Understand the Purpose: The Texas Grievance form is designed for individuals who have concerns about an attorney's conduct or performance.
  • Consider Alternative Solutions: Before filing a grievance, consider reaching out to the Client-Attorney Assistance Program (CAAP) for quicker resolutions.
  • Contact Information: Ensure you provide accurate and current contact details, including your address, phone numbers, and email.
  • Complete All Sections: Fill out each section of the form completely. Leaving sections blank may delay the process.
  • Information About the Attorney: Specify the attorney's name and provide their contact information. Grievances must be filed against individual attorneys, not law firms.
  • Fee Arrangement: Clearly state your fee arrangement with the attorney, including how much you paid.
  • Details of the Grievance: Provide a detailed explanation of the issues you experienced with the attorney, attaching any relevant documents.
  • Impairment Concerns: If you believe the attorney may have an impairment, describe your observations and provide specific details.
  • Confidentiality: Be aware that a copy of your grievance will be sent to the attorney involved, so ensure you are comfortable with this process.
  • Filing Options: You can file your grievance online for convenience, but ensure all necessary information is included.