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Lawyers
Should you file a complaint?
Charges that a lawyer has acted unethically or charged you unfairly are serious. A complaint should not be made lightly or to try to gain an advantage in your dealings with a lawyer. If there is pending litigation, action is not typically taken on a complaint until that litigation is concluded. Also, filing a complaint should not take the place of communicating with the lawyer to attempt to resolve differences.
As your problem might be the result of some misunderstanding or breakdown in communication with your lawyer, the problem may be resolved by a frank talk. Tell your lawyer why you are dissatisfied, and ask for a full explanation of what is bothering you.
If you believe that you have made a sincere effort, but are still unable to resolve a conflict with your attorney, you may file a complaint. Please be aware that the complaint process will NOT serve to:
- Set aside a criminal conviction
- Make the lawyer take action you wish him or her to take
- Provide legal advice
- Offer other relief or assistance
- Substitute for other civil or criminal remedies
Complaints may become public at some point. If your complaint becomes public, most information on the complaint form (including your name and address) will also become public. Additionally, the complaint form and any other submissions by you will be sent to the subject of the complaint.
What the complaint process cannot do.
Not all complaints about an attorney are subject to review through the Bar's disciplinary process. Some problems with lawyers will need to be addressed in other ways. For example, the Wyoming State Bar will not open disciplinary cases on complaints about:
- Dissatisfaction with the quality of a lawyer's advice or strategy. The Wyoming State Bar does not investigate or discipline a lawyer solely on the quality of the lawyer's advice or strategy. A lawyer, however, may be investigated or disciplined for certain serious situations, such as missing deadlines, failing to file required documents, or abandoning a client's case.
If you believe that your lawyer represented you poorly, your remedy may be to file a civil malpractice action, or, in a criminal case, a petition for a writ of habeas corpus, which addresses claims of ineffective assistance of counsel. These cases must be filed in a court of law, not with the Wyoming State Bar.
- Rude behavior by an attorney.
- Complaints about judges in their judicial capacity. Please see Judges for information about judicial complaints.
- Allegations that a guilty plea in a criminal case was not voluntary, unless the guilty plea has been overturned by a court.
- Allegations that a prosecutor prosecuted the wrong person or failed to prosecute a case.
- Civil disputes with a lawyer, such as the lawyer's failure to pay a bill to someone who has provided goods or services directly to the lawyer, unless it appears that the lawyer improperly handled client funds.
These matters should be handled through the civil justice system if they cannot be resolved informally with the lawyer.
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