What is the grievance system?
The grievance system is designed to protect the public from unethical lawyers licensed to practice law in Texas. Lawyers are held accountable to a set of rules, called the Texas Disciplinary Rules of Professional Conduct. Lawyers who violate those rules are prosecuted under a set of rules, called the Texas Rules of Disciplinary Procedure. Much like the criminal system, you, as the aggrieved, are not a party to the disciplinary action; you are a witness.

To download these two sets of rules click here, Texas Disciplinary Rules of Professional Conduct (PDF) and Texas Rules of Disciplinary Procedure (PDF). For instructions on how to download Adobe Acrobat, click here.

Allegations of misconduct by an attorney are taken very seriously, and are reviewed and investigated carefully by the Office of the Chief Disciplinary Counsel. If you believe that an attorney has violated the Texas Disciplinary Rules of Professional Conduct, you may report this information in writing to the State Bar in the form of a grievance.

Some examples of Texas Disciplinary Rules of Professional Conduct violations
are:

• Conviction of a serious crime or other criminal act;
• Engaging in fraud, deceit or misrepresentation;
• Obstructing justice;
• Influencing improperly a government agency or official;
• Engaging in barratry; and
• Practicing law when the lawyer is on inactive status or has been
  suspended.
  

It is important to note that malpractice and attorney misconduct are not necessarily the same. An attorney can commit legal malpractice and not be in violation of the disciplinary rules, or he ir she can be in violation of the disciplinary rules without having committed legal malpractice.

Should I file a grievance with the State Bar of Texas?
If you are having problems talking with your attorney or he or she is not handling the matter in the manner you desire, first try to discuss your concerns with him or her. Many times these problems can best be handled outside of the attorney grievance system. The State Bar’s Grievance Information helpline (1-800-932-1900) can assist you In determining whether to report the conduct of the lawyers and whether other resources might be beneficial. 

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What the Grievance System Cannot Do
The State Bar of Texas' attorney grievance system cannot act as a liaison between you and the attorney, nor can it:

• Award damages;
• Force an attorney to proceed with a case;
• Provide you with another attorney;
• Provide legal advice;
• Solve a fee dispute;
• Alter the decision made in a civil or criminal matter; or
• Substitute for civil or criminal remedies.

The above concerns must be handled in another forum, separate from the State Bar's attorney grievance system.

If you are concerned with the fee arrangement established with your attorney, please know that many local bar associations which are not affiliated with the State Bar have set up fee dispute committees to work with clients and their attorneys. Your local bar association's phone number can be found in your local telephone directory or on the State Bar website: www.texasbar.com/localbars .

The State Commission on Judicial Conduct has a separate process for reviewing complaints against judges.

State Commission on Judicial Conduct
PO Box 12265
Austin, Texas 78711-2265
512-463-5533

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How Do I File A Grievance?

The first step in filing a grievance is to complete a grievance form and mail it to the State Bar Chief Disciplinary Counsel’s office at P.O. Box 15466, Austin, TX, 78761, or fax it to 512-380-9064. 

Please be sure to send with your grievance form copies (not originals) of any documentation – such as letters or pleadings – that you believe are important in understanding your grievance. 

If you are reporting the conduct of a lawyer who is or was representing you in a legal matter, it is very important to know that signing the grievance form waives the attorney-client privilege that would otherwise keep discussions between you and your lawyer confidential.  Waiver of this privilege is necessary for the State Bar to review your grievance in its entirety. 

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What Happens After I File My Grievance?
After your grievance is received, it is reviewed by the Chief Disciplinary Counsel's Office to determine whether it alleges a violation of the Texas Disciplinary Rules of Professional Conduct. Obviously, not every disagreement with an attorney involves a violation of the Rules. If there is not an allegation of professional misconduct, the matter will be classified as an "inquiry" and dismissed. You will be notified of this decision. Classification decisions may be appealed by the Complainant (you) to the Board of Disciplinary Appeals, and their decision is final.

If it is determined that the grievance does allege a rule violation, the grievance is classified as a "complaint." The attorney in question is informed of the complaint and asked to respond within 30 days. The Chief Disciplinary Counsel investigates the matter and based on its findings, the matter is either presented to a Summary Disposition Panel or it proceeds to litigation. Please see the Attorney Complaint Information Brochure for answers to common questions about the complaint process. 

Confidentiality
Information about a pending grievance against a lawyer is confidential and not subject to disclosure unless it is ordered by a court to do so. or the lawyer complained about waives confidentiality. However, if the lawyer is found to have committed professional misconduct and receives a public sanction, information about the grievance is no longer confidential. All dismissed grievance files are destroyed by the Chief Disciplinary Counsel, in accordance with Rules 2.11, 2.15, and 15.10 of the Texas Rules of Disciplinary Procedure. Confidentiality of grievance committee records, which are not subject to the Public Information Act, are addressed by Rules 2.11, 2.15, and 15.10 of the Texas Rules of Disciplinary Procedure.

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