A strong, actionable attorney bar complaint submitted to the Office of Chief Disciplinary Counsel (OCDC) of the State of Missouri must primarily allege a violation of the Missouri Rules of Professional Conduct (Supreme Court Rule 4) and be supported by specific, factual evidence.
The OCDC's mission is to protect the public and the integrity of the legal profession by investigating and prosecuting such violations. It cannot recover money, reverse a court decision, or resolve fee disputes (though some complaints may be referred to a resolution program).
Here are the key elements and criteria for a complaint to be considered strong and actionable:
1. Allegation of Professional Misconduct
The complaint must clearly allege an action that constitutes a violation of the Missouri Rules of Professional Conduct (Rule 4). Examples of misconduct that the OCDC investigates include:
- Neglect/Lack of Diligence: Failure to perform agreed-upon duties, unreasonable delay, or lack of communication.
- Trust Violations/Misuse of Client Funds: Embezzlement or improper handling of funds entrusted to the lawyer (e.g., in a trust account).
- Conflict of Interest: Representing a client where the lawyer's personal interests or duties to another client would materially limit the representation.
- Inadequate Communication: Repeated failure to keep the client reasonably informed or promptly comply with reasonable requests for information.
- Improper Advertising or Solicitation.
- Breach of Confidentiality.
- Criminal or Dishonest Conduct: Actions involving dishonesty, fraud, deceit, or misrepresentation, even if not directly related to the practice of law.
2. Detailed Factual Statement (The "Who, What, When, Where")
An actionable complaint must be a detailed, narrative statement that lays out the specific facts surrounding the alleged misconduct.
- Specifics of the Conduct: Clearly state what the attorney did or failed to do that you believe violated the rules.
- Dates and Timeline: Provide a complete history, including dates and times of key events, meetings, or communications.
- Case Information: Include the name of the court, case name, and case number if the complaint involves a legal proceeding.
- Attorney Identification: Provide the full name and address of the attorney being complained about. If multiple attorneys are involved, submit separate complaints.
3. Relevant and Supporting Documentation
The strength of your complaint rests on the evidence you provide. You should include copies (do not send originals) of all relevant supporting documents.
Helpful documentation includes:
- Fee or Retainer Agreements: Copies of any agreements regarding payment.
- Correspondence: Copies of relevant letters, faxes, emails, or texts between you and the attorney.
- Payments: Copies of canceled checks or receipts for any payments made to the lawyer.
- Legal Documents: Copies of pleadings, motions, or other legal documents that are relevant to the subject of the complaint.
4. Proper Submission and Form
While a strong factual basis is critical, the complaint must also meet the OCDC's administrative requirements for proper filing:
- Writing Requirement: All complaints must be submitted in writing, either using the official OCDC complaint form (which can be printed or filled out electronically) or a detailed, typed statement.
- Contact Information: Include your full name, mailing address, and telephone number.
- Length and Format: The OCDC requests that the submission be kept under 25 pages. They also have specific instructions regarding paper size (standard 8 ½” by 11”), avoiding writing on the back of pages, and not using staples or tape.
In summary, for your complaint to be actionable by the OCDC, it must move beyond general dissatisfaction or allegations of poor service and clearly demonstrate, with specific facts and supporting evidence, a violation of the Missouri Rules of Professional Conduct (Rule 4).