Note: This is a sample format – the situation set forth in this letter is real. The names have been changed. The Rule Numbers may be different in your state, but frequently correspond with numbers in the American Bar Association Rules of Professional Conduct.
Today’s Date
CONFIDENTIAL
Lawyer Disciplinary Agency
Your State, USA
Re: Complaint adv. Attorney X
Dear Sir or Madam:
This letter is written as a formal complaint against Attorney X. This complaint is somewhat unusual in that I am not the aggrieved party; I am making this complaint on behalf of a friend.
My friend, Jane, has had a complicated relationship with Attorney X. To the best of my knowledge, she first became acquainted with Attorney X pursuant to a referral by the domestic violence shelter. By definition, she was in an extremely vulnerable state at that time. To the best of my knowledge, she had virtually no means of support and, before contacting the shelter, had been homeless for several weeks after being locked out of her residence by her husband.
Presumably because Jane had no financial resources with which to pay Attorney X for his legal services, she started to work in his office part-time in exchange for his legal representation. There was no written agreement regarding the value of her time or the fee for his services. The part-time work arrangement evolved into a full-time one and continued for several years. My estimate is that she started part-time work for Attorney X in 2003 and this continued until July 2009. She worked full-time for Attorney X for at least five years. Her entire tenure in the office was without pay.
To complicate matters, Attorney X continued to be her attorney in the divorce. The divorce was never resolved during the entire time Jane worked for him. I became a very close friend of Jane and understood that Attorney X had a psychological grip on her. She maintained her loyalty to him because she believed that his legal representation was going to resolve her personal situation.
During this entire time (five or more years), Jane received no wages, there were no payroll or social security taxes paid, no worker’s compensation taxes paid, no unemployment insurance deposits. So, in addition to having no regular income, Jane lost contributions to her Social Security account, had no worker’s compensation protection, and would have been unable to collect unemployment compensation had Attorney X “fired” her.
It is my understanding that Attorney X gave Jane gifts at holidays and other occasions. These include a television set and a computer and other items of value. He has also assisted her with her apartment rent and food.
Throughout these many years as her “employer,” Attorney X continued to “represent” her in the divorce. However, the proceedings languished and Jane was in a constant state of anxiety about the outcome. She was unable to make rational assessments regarding the divorce settlement because she knew if she sacrificed support payments from her ex-husband, she would be completely without financial resources since she had no income. Although Jane excels at her work, she did not see herself as able to work for anyone but Attorney X. Her self-image and self worth had become completely tied up in this “employer-employee, lawyer-client” relationship.
I repeatedly urged Jane to find a job with an attorney who would pay her. The discussion was very similar to trying to get a woman out of an abusive relationship. It seems so obvious that they should leave, but they just won’t, or can’t. They are captive.
Finally, in July 2009, Jane accepted a job offer from another attorney, and it is only because she has finally extracted herself from the “Attorney X situation” that I am finally able to submit this complaint.
I have carefully reviewed the State Rules of Professional Conduct and suggest the following as a starting point for this complaint.
Rule 1.1. Competence. A lawyer shall provide competent representation to a client.
Rule 1.3. Diligence. A lawyer shall act with reasonable diligence and promptness in representing a client.
Rule 1.5. Fees. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee…
Rule 1.8. Conflict of Interest.
(b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent…
(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation…
Rule 3.2. Expediting Litigation.
(a) A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
Rule 8.4. Misconduct. It is professional misconduct for a lawyer to:
(a) Violate or attempt to violate the Rules of Professional Conduct…
(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;[1]
(c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
Jane can be reached at her current place of employment. I am providing her with a copy of this complaint at her office address.
I completely understand the confidential nature of this complaint. I am, however, under separate cover, providing notice to the Labor Commissioner regarding the failure of Attorney X to pay wages to Jane.
I feel very strongly that Attorney X took outrageous and inappropriate advantage of Jane, both as a client and as an employee. His failure to exercise appropriate boundaries was to her detriment – financially and psychologically, short and long-term.
I also think that the relationship between Attorney X and the domestic violence shelter is worth looking at. To the best of my knowledge, he has allowed other women to work in the office “in exchange for legal services.”
Thank you for your serious consideration of the foregoing. I am available at your convenience to discuss this matter at greater length. I would be happy to participate in a conference call with Jane, should that be helpful.
Very truly yours,
cc: Jane
[1] e.g., failure to pay wages, payroll taxes, workers’ compensation or unemployment insurance taxes in accordance with State and Federal law.
