Complaints Against an Attorney - Essay Example

Process for Filing a Complaint against an Attorney Process for Filing a Complaint against an Attorney Introduction The Attorney Grievance Commission (AGC) is the Michigan Supreme Court’s investigative and prosecutorial body responsible for allegations of attorney misconduct. This legal body functions to promote the integrity of Bar and thereby intends to enhance the reputation of courts and legal profession. All attorneys licensed and permitted to practice law by the State Bar of Michigan are under the jurisdiction of AGC.

The main aim of the AGC is to make attorneys accountable for their misconduct and to “determine that the allegations do not merit formal disciplinary action” (Attorney Grievance Commission, n.d.). Misconduct of AttorneysThe subchapter 8.100 of the Michigan Court rules clearly states some rules that regulate the conduct of attorneys. In addition, the Michigan Supreme Court occasionally produces administrative orders, which can have the same effect of the Michigan Court Rules governing attorney practices.

(Michigan legal ethics). Michigan attorneys are accountable for their misconducts regardless of whether or not they are occurred in the course of an attorney-client relationship. According to the section 0.2:240 of the Michigan Rules of Professional Conduct, misconduct can be referred to as “conduct prejudicial to the proper administration of justice” or “conduct that exposes the legal profession or the courts to obloquy contempt, censure or reproach” (Michigan legal ethics). An individual can file a complaint against the attorney if the individual truly believes that the attorney’s conduct was against justice, professional ethics, honesty and good morals.

If the attorney’s conduct does not meet the Standards of Professional Responsibility set by the Supreme Court, he will be found guilty. An individual can file a Request for Investigation if the attorney’s conduct is contrary to US’ or any of its states’ criminal law. An attorney will be found accountable for his misconduct if he intentionally misrepresents any fact or circumstance. In short, an individual can file a Request for Investigation against an attorney if the complainant really believes that the conduct of the attorney was against his professional ethics.

Process for filing a request for investigationAnyone can file a complaint against an attorney licensed by the State Bar of Michigan or permitted by an authoritative court by filling and signing the Request for Investigation form of AGC. In addition, the complaint can also be filed by sending in a signed letter. According to the Attorney Grievance Commission, “The form or letter must be signed and sufficiently describe the alleged misconduct (including approximate time and place)” (AGC).

Copies of relevant documents or transcripts may be attached to the Request for Investigation. Mandatorily, the Request for Investigation must be signed originally and hence the complaint cannot be filed electronically or via facsimile. The Request for Investigation form can be obtained by either calling AGC at (313) 961-6585 or downloading from the AGC official website. The Request for Investigation together with any relevant documents or transcripts can be sent to:Michigan Attorney Grievance Commission535 Griswold, Suite 1700Detroit, MI 48226(Source: AGC)The Grievance Administrator has the power to initiate an investigation on his own authority on the basis of knowledge acquired from other sources including news articles, court opinion, or information gained during the course of a disciplinary investigation (AGC).

ReferencesAttorney Grievance Commission. State of Michigan. Retrieved from http://www.agcmi.com/ How to File a Request for Investigation. AGC. Retrieved from http://www.agcmi.com/pages/RequestInvestigation.html Michigan legal ethics. Legal Information Institute. Cornell University Law School. Retrieved from http://www.law.cornell.edu/ethics/mi/narr/MI_NARR_0.HTM