Filing a Grievance: Failing Nys Grievance Committee

mardi 30 septembre 2014

My question relates to legal practice in the state of: NY



I have filed a complaint vs a lawyer with a Grievance Committee (GC). First, it dismissed my complaint on the basis that it does "not state a complaint of professional misconduct", and nothing else, which is absurd. I appealed this decision to the Chairperson, briefly explaining why I think the response of the Committee misrepresented my complaint. Second, they reiterated the claim, only adding "instead [of a complaint of professional misconduct] it is about a fee dispute. Moreover the amount in controversy is below $1,000".



The fee dispute is for an amount above $1,000, and it does not obviate the allegation of professional misconduct, that they absurdly claim is nonexistant. Finally, in each case, their letter contains lengthy unnecessary reminders such as "When a complaint is received, it is reviewed..." as if to fill out the gap left by their lack of legitimate justification for dismissal.



What I see is bold stonewalling, and I interpret it as follows: the Committee is partial to the lawyer. And I can only explain it this way: the lawyer has connection within, or above, the Committee.



Three questions:



1/ About the Committee, to what body could I report my allegation? The Attorney General directly?

2/ About the lawyer: can I file a civil complaint at the County Court (given that he is a lawyer) to claim the money back?





Related question: is my allegation vs the Committee the norm?!



PS: I'm giving enough context to motivate questions 1/ and 2/. If I wanted the question of whether my complaint vs the lawyer is justified or not, I would start a separate thread (maybe I already have).





Filing a Grievance: Failing Nys Grievance Committee

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