Who can file a Request for Investigation?
There is no standing requirement, therefore anyone can file a grievance.
What do I say in the Request for Investigation?
You must provide sufficient facts, including approximate dates and locations, to support your allegations of misconduct. It is suggested that you provide copies of any and all documentation in your possession which supports or explains your factual assertions.
Must I sign the Request for Investigation?
Yes. An original signature is necessary to commence a review of your Request for Investigation.
Can I file a Request for Investigation against a law firm?
No. The AGC only has jurisdiction over individual attorneys.
Is there a statute of limitations on filing Requests for Investigation?
No. There is no express time limitation. However, for numerous reasons, substantial delay in bringing your allegations can hamper the investigation and prosecution, if either is warranted.
Are my legal rights affected if I file a Request for Investigation?
No. You may still pursue any and all civil actions you have against a lawyer regardless of whether you file a Request for Investigation. If you are being sued, your filing of a Request for Investigation does not release you from your obligations to defend yourself civilly.
Is there a review process if my grievance is dismissed?
A decision by this office to close a file without taking action against an attorney is subject to review by the Michigan Supreme Court by the filing of a complaint for superintending control. An instruction sheet that explains the procedure for filing such a pleading is available and provided upon request.
Can I enter into a fee arbitration?
Pursuant to Michigan Court Rule 9.130(B) the client and the attorney may elect to resolve a fee dispute through binding arbitration. The arbitration process is voluntary. The Attorney Grievance Commission has no authority to require either the client or the attorney to participate in this process. If there is an agreement by the parties to enter into fee arbitration, the Grievance Administrator will appoint an arbitrator and will provide the Stipulation for Fee Arbitration Agreement that must be signed by the client and the attorney.