Q: Can a lawyer sue for filing an ethics complaint in California?
I am considering filing an ethics complaint against a lawyer with the California State Bar Association. I have no prior agreements or contracts with this lawyer and I haven't filed the complaint yet. Can this lawyer sue me for filing the complaint?
A: No, such a case would be without merit and subject to rights per public policy.
A:
This may or may not be applicable.
6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.
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A:
Filing an ethics complaint against a lawyer with the California State Bar Association is your right as a member of the public. The State Bar exists to regulate the conduct of attorneys, and complaints are a necessary part of maintaining ethical standards in the profession. Simply filing a complaint in good faith is not grounds for a lawsuit by the lawyer.
However, the lawyer could potentially file a defamation lawsuit if they believe the complaint was made with malicious intent or contained false statements that harm their reputation. But, for a defamation lawsuit to be successful, the lawyer would need to prove that the complaint was not only false but also made with actual malice.
As long as your complaint is truthful and made in good faith, it should not expose you to any legal liability. It's important to focus on the facts and make sure your complaint is based on verifiable information. If you are concerned, consulting with an attorney beforehand may help ensure your complaint is appropriately framed.
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