Fill Out Your Texas Grievance Form
The Texas Grievance Form is a critical tool designed to help individuals address concerns regarding the professional conduct of attorneys licensed in Texas. Before initiating a formal grievance, it is recommended to consider alternatives that may offer quicker resolutions, such as reaching out to the Client-Attorney Assistance Program (CAAP). This program is specifically established to assist clients in resolving issues without the need for a formal grievance. If a formal complaint becomes necessary, the Grievance Form guides users in providing essential information about themselves, the attorney in question, and the nature of their grievance. It requires personal details, including addresses and contact information, ensuring that all sections are filled out completely to avoid delays. The form also gathers details about the attorney's conduct, the connection between the complainant and the attorney, and any previous related grievances. Each grievance must clearly identify the specific attorney, as grievances against law firms are not accepted. By filling out this form accurately, individuals can play an active role in the ethical oversight of legal practitioners in Texas.
Texas Grievance Example
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
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
I have ______ I have not ______ contacted the
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
Mr.
1. |
TDCJ/SID # |
Ms. |
Name: |
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_____________________________________ |
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Immigration # _______________ |
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Address: _____________________________________________________________________ |
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_____________________________________________________________________________ |
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City: ____________________ |
State: _________________ Zip Code: ______________ |
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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:
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This attorney was hired to represent me. |
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This attorney was appointed to represent me. |
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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,
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?
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Yellow Pages |
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CAAP |
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Internet |
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Attorney |
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Other |
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Website |
VI.
I hereby expressly waive any
Additionally, I understand that the Office of Chief Disciplinary Counsel may exercise its discretion and refer this Grievance to the
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)
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Form Characteristics
| Fact Name | Details |
|---|---|
| Online Filing Availability | You can file the grievance online at cdc.texasbar.com. |
| Client-Attorney Assistance Program (CAAP) | Before filing a grievance, consider contacting CAAP at 1-800-932-1900 for quicker resolution. |
| One Grievance Per Attorney | Each grievance form must specifically name one attorney. Multiple grievances require separate forms. |
| Filing Deadline | Grievances should be filed within four years of the incident. Some exceptions may apply. |
Guidelines on Utilizing Texas Grievance
Filing a grievance against an attorney is a significant step that requires careful attention to detail. Each part of the Texas Grievance form must be filled out completely to ensure that your concerns are clearly communicated. Ensure you gather all necessary information before starting the process, as incomplete forms can lead to delays. Below are the steps to guide you through filling out the form effectively.
- Access the Texas Grievance form either online at http://cdc.texasbar.com or obtain a hard copy from the State Bar of Texas.
- In the General Information section, indicate whether you have contacted the Client-Attorney Assistance Program by checking the appropriate box.
- In the Information About You section, provide your TDCJ/SID number and immigration number, if applicable. Fill in your name, address, city, state, and zip code.
- List your employer and employer's address, as well as your contact numbers (residence, work, and cell) and email address.
- Include your driver's license number and date of birth. Provide the name and contact information of a person who can always reach you.
- Indicate whether you understand and write in English. If not, specify your primary language and the individual who helped you prepare the form.
- If applicable, provide details on whether you are a Judge and the court information.
- In the Information About Attorney section, name the attorney you are complaining about, along with their address and contact numbers.
- State if a grievance has previously been filed against this attorney and provide details of any past appeals.
- Indicate the nature of the attorney-client relationship (hired, appointed, or hired to represent someone else) and state the date and purpose of hiring or appointing the attorney.
- Detail your fee arrangement and amount paid to the attorney. Attach copies of any signed contracts or monetary transactions.
- If you did not hire the attorney, briefly explain your connection to them.
- State if you are currently represented by another attorney and provide their information if applicable.
- If you believe the attorney has an impairment, provide detailed observations and any admissions made by the attorney.
- In the Information About Your Grievance section, specify where the grievance occurred, including county and city.
- If applicable, provide details about any lawsuits related to the grievance, including court name, case title, and case number.
- Explain in detail the issues you are experiencing with the attorney and attach any relevant documentation.
- Provide the contact information for all individuals who may have information related to your grievance.
- Finally, indicate how you learned about the State Bar of Texas’ attorney grievance process.
What You Should Know About This Form
What should I do before filling out the Texas Grievance form?
Before you initiate the grievance process, consider whether your issue can be resolved more quickly through the Client-Attorney Assistance Program (CAAP). This program exists to assist individuals facing challenges with their attorneys, such as difficulty in communication or concerns about case progress. They may help you address your issue informally, and many individuals find that their problems can be solved without filing a formal grievance. Contact CAAP at 1-800-932-1900 for assistance, which could potentially save you time and stress.
How do I fill out the Texas Grievance form correctly?
The Texas Grievance form requires thorough and accurate completion. It is crucial not to leave any section blank; if you do not have the information, simply write “I don’t know.” This practice helps in maintaining clarity and facilitates efficient processing of your grievance. Furthermore, ensure that you provide specific details about both you and the attorney involved. Missing or incorrect information can delay your grievance from being reviewed appropriately.
Can I file a grievance against a law firm?
No, grievances can only be filed against individual attorneys, not law firms. Each grievance form is meant for one attorney only, so if multiple attorneys are involved in your situation, you will need to complete a separate form for each one. This helps the disciplinary council address your concerns accurately and ensures that each attorney receives appropriate scrutiny regarding their conduct.
What happens after I submit the grievance form?
Once submitted, your grievance will be reviewed by the Office of the Chief Disciplinary Counsel of the State Bar of Texas. Importantly, a copy of your grievance will also be sent to the attorney you are complaining about. They will have the opportunity to respond to your allegations. The review process may take time, and you will receive notifications regarding the progress of your grievance. Be prepared for potential follow-up questions or requests for additional information, which is a standard part of the investigative process.
Common mistakes
Filing a grievance against an attorney in Texas can be a daunting task. Many individuals make mistakes when completing the Texas Grievance Form, which can slow down the process or even lead to rejection of the complaint. Here are five common mistakes to watch out for.
One frequent error is leaving sections of the form incomplete. Each part of the form is crucial for the processing of the grievance. If sections are left blank, it may delay your case. That's why it's essential to fill out all information completely. If unsure about an answer, simply write “I don’t know” instead of skipping the question.
Another common mistake is failing to provide enough detailed information about the grievance itself. The form requires a clear explanation of why you believe the attorney acted improperly. Vague descriptions can lead to confusion and may not provide the investigating authority enough context to take action. Attach any relevant documents that support your claims to strengthen your case.
Some individuals mistakenly think they can file a grievance against a law firm instead of naming a specific attorney. The Texas Grievance Form makes it clear that grievances are only accepted against individual attorneys, not law firms. Each attorney involved in the complaint must be listed on a separate form, which is another detail that many overlook.
Omitting contact information can also be a significant oversight. The form requires you to provide multiple ways to reach you. This includes a reliable address and phone numbers. If the State Bar cannot contact you, they cannot proceed with your grievance. Always make sure that the contact information remains current and complete.
Lastly, failing to check prior grievances can introduce complications. If you or a family member have filed any previous complaints against the same attorney, it is vital to disclose this information on the form. Not mentioning it can create issues later on and may affect the outcome of your current grievance.
Documents used along the form
The Texas Grievance Form is an essential document for individuals seeking to file a complaint against an attorney in Texas. However, other forms and documents often accompany this grievance to provide additional information or support. Below is a list of relevant documents that may be useful during this process.
- Client-Attorney Assistance Program (CAAP) Request Form: This form is used to seek informal resolution of concerns with an attorney before proceeding with a formal grievance. It allows clients to state their issues and receive assistance without the need for a written grievance.
- Affidavit of Facts: This document provides a sworn statement of the facts related to the grievance. It can serve as crucial evidence that supports the claims made in the grievance form.
- Authorization to Release Information: Completing this form allows the State Bar to obtain pertinent information regarding the attorney’s practice or any previous grievances filed against them.
- Evidence Submission Form: Individuals may use this form to submit documents, emails, or other evidence to substantiate their claims against the attorney.
- Fee Agreement Documentation: This includes copies of contracts or agreements outlining the payment terms between the client and attorney. It is vital for clarifying what services were expected.
- Disciplinary History Request Form: This document requests information on any past disciplinary actions taken against the attorney in question, providing context for the current grievance.
- Board of Disciplinary Appeals (BODA) Appeal Form: If a grievance has been previously filed and the outcome was unsatisfactory, this form allows for an appeal to the Board of Disciplinary Appeals.
- Witness Statements: Written testimonies from individuals who may have observed relevant interactions or behaviors related to the grievance can significantly support the case.
- List of Related Documents: This document outlines all other relevant documents that are being submitted with the grievance, ensuring that all materials are organized and accounted for.
Utilizing these forms and documents can enhance the effectiveness and thoroughness of the grievance process. It is essential to ensure that all pertinent information is included and organized to facilitate a fair review by the State Bar of Texas.
Similar forms
The Texas Grievance form has similarities to several other documents designed to address issues between clients and attorneys. Here are four related forms:
- Bar Complaint Form: This document is used in many states to formally report misconduct by an attorney. Like the Texas Grievance form, it requires specific details about the attorney’s actions and allows clients to present their concerns in an organized manner.
- Client-Attorney Assistance Program (CAAP) Request Form: Similar to the Texas Grievance form, the CAAP form helps clients lodge complaints or seek assistance in resolving issues quickly, promoting communication between clients and attorneys.
- Legal Malpractice Complaint Form: Clients may fill out this form if they believe they have been harmed by their attorney's negligence. The focus on specific incidents, much like the Texas Grievance form, ensures clarity in the complaint process.
- Professional Responsibility Complaint Form: States often provide this form to report breaches in professional conduct. Like the Texas Grievance form, it solicits detailed information about the situation, enabling thorough investigation and resolution of the issues presented.
Dos and Don'ts
When completing the Texas Grievance form, keep these important tips in mind:
- Do: Fill out each section completely and accurately. If you don’t know the answer to a question, write “I don’t know.”
- Do: Provide a clear explanation of why you believe your attorney has acted improperly. Include specific details and attach relevant documents if available.
- Do: Ensure all your contact information is current so that you can be reached easily throughout the process.
- Do: Consider contacting the Client-Attorney Assistance Program (CAAP) for assistance before filing a formal grievance.
- Don’t: Leave any section of the form blank. Incomplete forms can delay the process.
- Don’t: Send original documents, as they will not be returned. Always keep your originals safe.
- Don’t: Use staples, post-it notes, or any kind of binding when submitting your grievance.
- Don’t: Complain about a law firm; grievances must be filed against individual attorneys.
Misconceptions
There are several misconceptions about the Texas Grievance form that people often have. Here are six common ones:
- Grievances Can Be Filed Against Law Firms. Many believe that they can file a grievance against a law firm. However, grievances can only be filed against individual attorneys.
- You Must File a Grievance Before Seeking Other Help. Some think they need to file a grievance first to resolve issues with an attorney. In fact, the Client-Attorney Assistance Program (CAAP) is available to address many concerns informally and can often resolve problems without a formal complaint.
- All Complaints Are Accepted Automatically. People may assume that submitting a grievance guarantees that action will be taken. In reality, not all grievances will lead to disciplinary action or an investigation.
- Filing a Grievance is the Quickest Option. It’s a common belief that filing a grievance is the quickest resolution method. Often, the grievances process can be lengthy, and contacting CAAP may lead to faster fixes.
- You Must Provide All Information in Detail. Some feel pressured to have detailed facts before filing. If certain details are unknown, it’s acceptable to write “I don’t know.” Filling out the form as completely as possible is important, but not all fields require exhaustive responses.
- A Grievance Will Be Kept Confidential. Many individuals expect their complaints to remain entirely confidential. However, a copy of the grievance will be sent to the attorney involved, which means that some information may not remain private.
Understanding these misconceptions can help individuals navigate the grievance process more effectively. Always consider all available options and do not hesitate to seek help if unsure about how to proceed.
Key takeaways
Filing a grievance can feel overwhelming, but understanding the process can simplify it. Here are some key takeaways about filling out and using the Texas Grievance form:
- Consider Alternative Solutions: Before submitting a grievance, explore contacting the Client-Attorney Assistance Program (CAAP). They can often help resolve issues informally and quickly.
- Online Filing Options: You can fill out the grievance form online, making the process more convenient. Visit cdc.texasbar.com to access this service.
- Complete All Sections: Every part of the form must be filled out completely. If unsure about any question, write “I don’t know.” Leaving sections blank can delay your grievance.
- Provide Personal Information: Be ready to supply detailed personal information, including your contact information and any relevant identifiers like your TDCJ/SID number.
- Specify the Attorney: Grievances must target specific attorneys, not law firms. If you have multiple concerns, complete a separate form for each attorney involved.
- Detail Your Grievance: Clearly explain why you believe the attorney acted improperly. Provide as much detail as possible, including dates and any relevant documentation.
- Witness Statements: Include the names and contact details of individuals who may provide additional information about your grievance. This can strengthen your case.
- Protect Your Documents: Attach copies of any important documents, such as contracts and correspondence. Do not send original materials, as these will not be returned.
- Know What to Expect: Understand that a copy of your grievance will be forwarded to the attorney in question. This is a standard part of the grievance process.
Approaching this process with clarity can help ensure that your concerns are adequately represented and addressed.
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