Unethical Behavior

What is Unethical Conduct?

Because disciplining a lawyer is a serious matter, it takes evidence—proof of unethical conduct—to justify disciplinary action. An honest disagreement about how a case should be handled does not constitute unethical conduct, even if the outcome of the case is disappointing.

While it is impossible to list all of the acts or omissions which may constitute unethical conduct, here are a few examples of prohibited conduct which, if proven, may be cause for discipline:

• A lawyer cannot or will not give you money that he or she is holding on your behalf and to which you are entitled, or will not provide you a complete written accounting for that money.

• A lawyer continually fails to respond at all to inquiries about your case, to tell you about court dates, or to appear in court. Where the problem is simply a lack of communication, first try your best to resolve the problem yourself.

• A lawyer advises you or anyone else to lie, or lies himself or herself in the course of a case.  Lawyers pride themselves on their honesty. The profession does not need those who feel they must resort to deception to conduct their practice.

• A lawyer represents one party to a transaction while also the attorney for the other side. This is a conflict of interest and is generally prohibited unless both parties are fully aware of the situation and consent to it.

• A lawyer misrepresents to you whether or not they have taken certain actions. For example, you might discover that your lawyer has told you that he or she has begun the lawsuit or taken other actions, when in fact no action has been taken. The misrepresentation may be a cover-up for neglect.

A mistake does not necessarily constitute unethical conduct either. But if a mistake causes a loss, the client may be able to recover the loss in a civil suit against the lawyer for money damages. But a simple mistake or error in judgment by itself is not unethical conduct.

An example would be the lawyer’s failure to consult with the client prior to writing every letter or prior to filing every document in the client's case, or perhaps the lawyer’s failure to respond to all the client’s telephone calls inquiring about the progress of the case.

If you have a problem that may be the result of inadequate communication or some misunderstanding, it may be that the problem can be resolved by a frank talk with your lawyer. Tell the lawyer of your dissatisfaction, and ask for a full explanation of the matter involved. Such a discussion will often either eliminate the problem or lead to its solution.

The disciplinary process cannot correct a lawyer’s personality problems. A complaint that a lawyer is rude or used bad language is not something the disciplinary system can investigate.

If you believe that your lawyer has been unethical you should contact the ODC and request a Complaint Form.