A: The OLPR’s role in attorney discipline is enforcement of the Minnesota Rules of Professional Conduct (MRPC) and seeking attorney discipline for violations of those rules. We do this by investigating complaints and prosecuting cases that involve attorney misconduct. The OLPR’s jurisdiction is limited to lawyers licensed to practice law in Minnesota or if not licensed in Minnesota, lawyers providing or offering to provide legal services in Minnesota. We have no jurisdiction over others who may be involved in the legal process but who are not lawyers, such as police officers, paralegals, guardians ad litem, judges (acting in their capacity as judges) or laypeople. Further, we do not have jurisdiction over attorneys not licensed in Minnesota who do not engage in any legal practice here.
A: The OLPR’s authority is limited to enforcement of the MRPC. The OLPR cannot represent you, give you any legal advice, effect or change the outcome of a court decision, or recover money for you. It has no authority to compel an attorney to take any particular course of action nor does it become involved in litigation of your legal matters. If your matter requires legal advice or assistance or you need to take action to preserve your legal interests, you should not wait for the OLPR to complete its investigation to pursue your legal claims. The results of our investigation and any action we take generally will not affect the results of your legal matter.
A: You can file a complaint by filling out the complaint form found on our website. Please note that the complaint form has five (5) parts. Please read the complaint form carefully and complete and respond to ALL five (5) Parts A-E. You may submit your form electronically through our website, or by printing it, filling it out, and mailing it to:
Office of Lawyers Professional Responsibility
Minnesota Judicial Center, Suite 105
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
A: Yes, you may file complaints against multiple attorneys, but you must fill out a separate complaint form for each attorney. Further, the complaint must be against a person. The OLPR cannot investigate complaints against a law firm, an office or a company. While you may file complaints against multiple lawyers, we encourage you to limit the number of complaints to three (3) people. Oftentimes, complainants will file a complaint against every lawyer they come into contact with, when their complaint is with a specific person for a specific act. This will slow down the process and add unneeded confusion. If we believe others should be investigated, we can do that without a complaint.
A: In general, the OLPR does not accept anonymous complaints. If you send in a complaint without any identifying information for you, we will review it but likely will not investigate except in rare cases. You cannot ask to keep your identity anonymous, because by rule we are required to send all complaint information we receive to the lawyer complained about.
A: You should read the complaint form carefully and provide all the information requested. In Part C of the complaint form, you will be asked to provide a brief narrative about your complaint. You should state in order the circumstances involved that provide context to your complaint. Include dates or approximate dates if possible. You should also specifically state what the attorney did that you believe is inappropriate or unethical. Specific details are the most helpful. General conclusory statements like “She lied,” “He was unfair,” or “He yelled” are not helpful. You do not need to refer to any ethics rules. If your complaint concerns an improper fee arrangement or a dispute about the scope of representation, provide a copy of the retainer or fee agreement. If your complaint concerns lack of communication or diligence, provide all communications that support those claims. If your complaint concerns conduct related to a lawsuit or court case, provide the relevant court documents and orders that support your claim. For example, if your complaint claims the attorney violated a court order, submit the court order at issue and indicate what the attorney did that violated the court order. We do not need every document relating to the matter to evaluate your complaint.
A: The answer to this question depends on what stage your matter is in. In the investigative stage, your information is confidential and not open to public inspection. However, during this stage, the attorney you are complaining about is entitled to a copy of your complaint and all the documents you submit in support of your complaint and other information you provide to us. If there is an investigation, the OLPR will provide your complaint and supporting documents to the attorney so they can fully respond to your complaint. If the OLPR seeks public discipline and the matter becomes public, your complaint and any documents you submitted to the OLPR will become part of a public record unless the court orders otherwise. What this means is that anyone can ask for your complaint and the documents you submitted, and the Director must provide those documents, unless the court orders otherwise. The rule that governs confidentiality and public access to the OLPR’s files is Rule 20, Rules on Lawyers Professional Responsibility.
A: No, any documents you provide will be scanned and the paper copy securely shredded. Please do not provide any original documents or any documents that you will need returned to you with your complaint.
A: Once the OLPR receives your complaint, an intake attorney will review your complaint and all supporting documents you provide. Based on the review, the intake attorney may do one of the following things:
While we try to process the complaints within a month of receipt, there may be reasons for delays, including the volume of complaints we receive and whether we need to obtain additional information from you to properly process the complaint. If you have not received a response from the OLPR within a month of submitting your complaint, you may call or email us for a status update.
A: Not all conduct that a client may find objectionable equates to a violation of the rules of professional conduct. Some common reasons a complaint is not investigated include (but are not limited to): 1) the complaint involves a fee dispute, 2) the complaint concerns ineffective assistance of counsel by a court-appointed attorney in a pending matter or in a matter where post-conviction remedies have not been exhausted, 3) the complaint involves dissatisfaction with the attorney’s work product that does not involve a violation of the rules of professional conduct, 4) the complaint involves dissatisfaction with opposing counsel that does not involve a violation of the rules of professional conduct, 5) the complaint involves issues more appropriately before the court overseeing the matter, or 6) the conduct complained of simply does not implicate the rules of professional conduct.
A: How long an investigation takes will vary depending on many factors, many of which cannot be shared with you. These factors may include, but are not limited to, the complexity of the case, how many complaints have been filed against the complained-about attorney, whether the matter results in private discipline or public discipline, the volume of cases being investigated, and the level of cooperation from the lawyer, complainants, or third parties from whom we might need information.
Generally, cases that result in a dismissal or private discipline get resolved within a year. Cases that result in public discipline can take much longer. In other words, dealing with ethics complaints is not a quick process. Because several factors will impact how quickly a case can be investigated and concluded, it is very difficult to provide an estimate of how long it may take. Please be assured that we take all complaints seriously and will work hard to resolve your matter as quickly as we can.
A: If you are a client of the complained-of attorney, you are entitled to a copy of the attorney’s response to your complaint and you are entitled to respond to it. If you are not a client of the attorney, you are entitled to respond to the attorney’s response, but you are not entitled to a copy of the response. During the investigation, the information you are entitled to is limited because of the confidential nature of the matter. If the OLPR needs information from you, the person investigating your matter will let you know. When the case is resolved, you will receive a copy of any disposition the OLPR issues. Oftentimes, it may feel like you have not heard from the OLPR about the status of your case for a while. This is because investigations may involve gathering information from various sources and, as stated above, many factors may cause delay. Rest assured that even when you do not hear from the OLPR, work is being done on your matter to ensure an appropriate resolution.
A: Rule 21 of the Rules on Lawyers Professional Responsibility states that a statement or complaint against a lawyer to this Office or its investigators, “is absolutely privileged and may not serve as a basis for liability in any civil lawsuit brought against the person who made the complaint, charge or statement.”
