Should I File More Than One Grievance?

A grievance should be filed with only one office. A grievance against a lawyer of the counties previously mentioned should be filed with either the NWOBA Grievance Committee or the Office of Disciplinary Counsel, but not with both. 

What Should My Grievance Include?

Your grievance should include your name, address, and telephone number, the name of the lawyer involved, and a brief statement (usually a page or less) as to what the lawyer did or failed to do that forms the basis of your grievance. A typewritten grievance is preferred. You should attach copies of relevant documents. Grievance Form Against Attorney

What is the NWOBA Grievance Process?

If you file with the Northwest Ohio Association, your grievance will be studied by a screening committee who are not from the county of the attorney subject of the complaint. If the screening committee determines there is substantial, credible evidence of a possible ethical violation, a member of the Grievance Investigation Committee will gather the facts about your grievance, both from you and the lawyer, and prepare a report, which will be sent to the Grievance Committee. The Grievance Committee will decide whether the lawyer violated the ethical rules. If the Committee finds enough evidence of wrongdoing, it will draft a proposed complaint, submit it to the lawyer, and offer the lawyer an opportunity to attend a hearing before the Committee to show cause why the complaint should not be filed with the Board of Professional Conduct. Following the show cause hearing the Grievance Committee will vote whether to dismiss the proposed complaint or to file it with the Board of Professional Conduct charging misconduct against the lawyer. The Board of Professional Conduct is an independent board appointed by the Supreme Court of Ohio. If the Grievance Committee files a formal complaint, and if the Board accepts and certifies the complaint, the Board will then hold a hearing, and you may be required to testify. If the Board, following the hearing, finds that the lawyer has committed misconduct, it will make a recommendation to the Supreme Court of Ohio. The Supreme Court will make the final determination as to whether the lawyer should be disciplined and whether to limit or prohibit the lawyer from the practice of law. 

What Is Not Covered by the Grievance Process?

Disputes between you and your lawyer over fees are not ordinarily a basis for a grievance. If the Northwest Ohio Bar Association Grievance Committee determines that the grievance against a lawyer is primarily a dispute over fees, it may refer the matter to a Fee Arbitration Committee for further proceedings. 
If you believe that you did not receive a proper result in a civil or criminal case, the grievance process will not affect the outcome of your case. The lawyers investigating your grievance cannot represent you or appeal the outcome of any case for you or recover money for you. The recovery of money damages or losses is not the purpose of the grievance procedure. If you disagree with your lawyer on matters of evidence, tactics, timing, or judgment on how to handle a case, these are not generally ethical issues. A lawyer may ethically use his professional judgment in such matters.

How Do I Recover Money, Damages, or Losses?

Filing a grievance against a lawyer will not result in a recovery of the money you lost. If you suffer money damages or out of pocket losses as a result of your lawyer's mistakes or negligence, you may have a legal malpractice claim. Malpractice lawsuits require a client to sue the lawyer within one year. If you wish to file a malpractice claim against a lawyer, you should immediately consult with a different lawyer about the one year limitation and the damages you believe you have suffered.

Can I Recover Money if I Don't Sue My Lawyer?

If your lawyer has illegally taken or misused your money or property, you may be eligible to recover the loss caused by the dishonest conduct through filing a claim with the Client's Security Fund of Ohio, 175 South Third Street, Suite 285, Columbus, OH 43215-5134, telephone 1-800-231-1680 or (614) 221-0562. You do not need the assistance of a lawyer to file this claim. You may file it yourself.