Question from Hope, How to Submit a Complaint to the Oklahoma Bar Association?
Answer from AI:
When you’re preparing to submit a complaint to the Oklahoma Bar Association (OBA) regarding an attorney who is withholding your case file, it’s important to provide as much information and evidence as possible to support your claim. Here are some steps and tips to consider:
Gather Alternative Evidence
- Correspondence: Include copies of any emails, letters, or other communications where you have requested your case file from your attorney and their responses (or lack thereof).
- Retainer Agreement: Attach a copy of your retainer agreement or any other contracts you have with the attorney, as it may outline the terms regarding the handling of case files.
- Witness Statements: If anyone witnessed your attorney refusing to return your case file, their written statements could be helpful.
Describe the Situation Clearly
When writing your complaint letter, clearly describe the situation, including:
- The date you requested your case file.
- How you requested it (in person, via email, etc.).
- Any reasons the attorney may have given for not returning the file.
- The impact this has had on your case or your ability to seek legal services elsewhere.
Request Assistance from the OBA
Explain in your letter that your evidence is within the case file that the attorney is withholding. Request the OBA’s assistance in retrieving your file. The OBA may have procedures in place to help in such situations.
Know Your Rights
Clients generally have the right to their case files. The Oklahoma Rules of Professional Conduct provide guidance on an attorney’s obligations regarding client property.
Consider Seeking Legal Advice
If you’re unsure about how to proceed, you may want to consult with another attorney to get advice on how to retrieve your file or to understand your rights better.
File the Complaint
Once you have gathered all available information and evidence, you can file your complaint with the OBA. Be sure to follow their guidelines for submitting a complaint, which can typically be found on their website.
Make sure to keep copies of everything you send to the OBA and any further correspondence you may have with them or your attorney regarding the matter.
Remember, while this information can guide you on how to approach the situation, it is not a substitute for personalized legal advice. If you need further assistance, consider contacting a legal professional.