TRUMBULL COUNTY BAR ASSOCIATION GRIEVANCE
PROCEDURE
1. The grievance procedure is initiated by your call to the Trumbull
County Bar Association when your name, address, and phone number
are taken.
2. You then will receive a grievance form in the mail. Fill out this form,
have it notarized and return in the envelope provided.
3. When your grievance form is returned, it is then forwarded to the
Trumbull County Bar Association Grievance Committee.
4. The Committee then reviews your grievance and assigns an investigator
from the Committee to talk to both you and the attorney or judge your
grievance is against within 30 days.
5. The investigator then reports his/her findings to the Committee.
6. The Committee then makes a determination on the grievance and notifies
you in writing.
7. There will be instructions accompanying the determination on how you
can appeal the determination to the State Disciplinary Council in
Columbus if you are dissatisfied.
8. The Committee will attempt to handle all grievances within 90 days.
UNDERSTANDING THE GRIEVANCE PROCEDURE
The Grievance Committee of the Trumbull County Bar Association has
been given authority by the Supreme Court of Ohio to investigate grievances
against attorneys and judges, which arise in Trumbull County. If you do not
live in Trumbull County, and neither the attorney's office or your case is
situated in Trumbull County, you should contact the Office of Disciplinary
Counsel of the Supreme Court of Ohio, 175 South Third Street, Suite 280,
Columbus, Ohio 43215.
The authority of the Grievance Committee is limited to the investigation
of attorney misconduct, which would be in violation of the specific
Disciplinary Rules, which are included in the attorneys' Code of Professional
Responsibility.
The Bar Association has no authority to investigate other behavior by
an attorney,which the public may view as "unethical", but which is not
covered by the Disciplinary Rules.
There are several important limitations on how and when the Bar
Association can take action in response to your allegations against an
attorney. First,neither the Bar Association nor its Grievance Committee can
act as a court of appeals. It cannot overrule any decisions that have been
made by a court. The Bar Association cannot change the outcome of your
case or redeem your losses, whether monetary or otherwise. The only
function of the Grievance Committee is to investigate allegations of
attorney misconduct and to either seek sanctions against the attorney
in the Ohio Supreme Court or to exonerate the attorney when no misconduct
is found.
Second, the Grievance Committee cannot interfere with ongoing court
proceedings. The grievance process will not be used on behalf of one party
in a lawsuit to put unfair pressure upon the other parties to that suit or
upon the attorneys who are involved. The court system is the proper place
for the resolution of civil or criminal disputes, and the injection of an
attorney grievance into court proceedings is disruptive to the court system
itself and may unfairly influence an attorney's representation of his client.
Finally, it is important to recognize that the Bar Association and it,s
Grievance Committee cannot give you legal advice or represent you. The
Grievance Committee's function is to investigate, and seek discipline for,
attorney misconduct. A person with a legal problem should consult an attorney,
and cannot rely on the Bar Association for legal representation.
You may pursue a cause action in court against an attorney at the same
time that your complaint against that attorney is being investigated by the
Grievance Committee. However, the Grievance Committee will not be representing
you, and the grievance procedure is separate and distinct from any civil
cause of action.
The fact that you have filed a grievance with the Bar Association will not
affect the time limitations for the proper filing of a civil lawsuit,whether
that suit is against your attorney or against anyone else. The investigation
of a grievance by the Bar Association will normally take from 60 to 90 days.
The Grievance Committee operates under rules adopted by the Supreme Court
of Ohio which are designed to protect the public from attorney misconduct and to
uphold the integrity of the Bar. It is the goal of Grievance Committee members
to thoroughly investigate complaints of attorney misconduct in a manner that
is fair to both the interests of the public and the accused attorney.
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GRIEVANCE FORM