Guidance for New Attorneys on Handling Grievances

Detected March 30th, 2026

Summary

The American Bar Association published guidance for new attorneys on handling grievances filed against them through state bar disciplinary systems. The article advises attorneys to carefully review complaints, identify deadlines (such as the 30-day response period in Texas), gather relevant documents, and review malpractice insurance coverage. The guidance emphasizes that receiving a grievance does not end an attorney's career and should be taken seriously but not panicked over.

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What changed

The ABA has released informational guidance specifically targeted at young and newly practicing attorneys who may receive their first professional grievance through their state bar association. The guidance explains that each state maintains its own professional conduct rules and disciplinary procedures, though the ABA's Model Rules of Professional Conduct serve as a template. The document covers the initial response steps: carefully reviewing the complaint to identify the complainant and basis, checking malpractice insurance policies for defense counsel coverage, and critically noting all response deadlines.

Attorneys named in a grievance should begin gathering relevant documentation immediately upon receipt of the complaint. For example, if a former client alleges failure to communicate, the attorney should collect emails and phone call notes. The guidance emphasizes that missing deadlines—especially the initial response deadline (cited as 30 days in Texas)—can be detrimental to the attorney's case. While the article uses Texas as its primary example, it notes that core principles apply across state jurisdictions. Attorneys may need to hire defense counsel and should identify this need early given tight response windows.

What to do next

Review any grievance complaint immediately upon receipt to identify the complainant and basis of allegations
Check malpractice insurance policy for defense counsel coverage and notify insurer promptly
Identify all response deadlines and begin gathering supporting documentation without delay

Source document (simplified)

Summary

Receiving your first grievance does not mean your career is over, but it is something you should take seriously.
Carefully review the grievance complaint and determine who the complainant is and the basis of the complaint.
After you receive the complaint, start gathering the relevant documents and information needed to prepare your response.

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The world of ethics, professional responsibility, and the administrative bodies charged with upholding these rules are topics you may have briefly learned about during law school—and haven’t thought much about since. However, whether you are aware of it or not, all lawyers are required to conduct themselves within a set of rules particular to each state where an attorney practices law. These rules cover well-known topics, such as attorney-client privilege and the management of client funds, as well as lesser-known issues related to various forms of conflicts of interest, the creation and termination of attorney-client relationships, among others. In fact, the American Bar Association established its own Model Rules of Professional Conduct.

Most lawyers do not review or interact with their state’s disciplinary rules as a part of their day-to-day practice. In fact, many lawyers likely do not revisit their state’s disciplinary rules until they receive notice that a grievance has been filed against them. So, what do you do, and how do you respond if you are named as a respondent in a grievance?

It is important to note that each state establishes its own rules of professional conduct/disciplinary rules as well as the applicable procedures for investigations and enforcement of rule violations. My professional experience is limited to Texas’s disciplinary system, but some principles and practices apply across the board.

What Do You Do When You Receive Your First Grievance?

Don’t panic, and don’t ignore the grievance. Many attorneys will have a grievance filed against them at some point in their careers. Receiving your first grievance does not mean your career is over, but it is something you should take seriously. First, you should carefully review the grievance complaint and determine who the complainant is and the basis of the complaint. Additionally, if you have malpractice insurance, you should review your policy to determine whether your costs to hire defense counsel will be covered.

Be Mindful of All Deadlines Related to the Grievance

As you are reviewing the grievance and any other communications you receive related to the grievance, you should be mindful of all deadlines. There will be a deadline for you to submit your response to the grievance, and there may also be a deadline for you to submit an appeal. It is very important that you do not miss these deadlines. By way of example, in Texas, respondent attorneys must submit their grievance response within 30 days of receiving the initial grievance. This can feel like a quick turnaround, especially if you are looking to hire counsel to assist you with your response. Accordingly, it is important to identify all deadlines early.

Preparing a Response

Much of a grievance response will depend on the allegations in the complaint. However, after you receive the complaint, you should start gathering relevant documents and information, which you (or your attorney) will use to prepare your response. For example, if a former client filed a grievance against you based on allegations that you failed to communicate with them, you will want to gather all emails between you and the complainant and notes from any phone calls or meetings with the complainant/former client.

Dos and Don’ts for the Grievance Process

Do carefully review the allegations contained in the complaint
Don’t contact the complainant about their grievance
Do consider hiring legal representation to assist you with preparing your response (You know what they say about lawyers representing themselves!)
Don’t wait until the last minute to prepare your response
Do document all deadlines at each step of the grievance process

Ask for Help

There are various reasons grievances are filed against attorneys. However, I wanted to touch on an important issue that sometimes goes unnoticed: attorneys who find themselves ensnared in the attorney-discipline process, who are also struggling with their mental health or a substance use disorder. These struggles can affect many aspects of an attorney’s practice, including client representation. As a result, for some attorneys, the first time they are required to confront these underlying issues is when they receive their first grievance. If this is your experience, please understand that help is available, and you should seek the resources available to you through your state bar.

It would be difficult to discuss the nuances of each state’s disciplinary system and grievance process here; I hope that this article provides practical guidance on your immediate next steps if you learn that a grievance has been filed against you. Keep in mind, many talented and successful attorneys will find themselves on the wrong end of a grievance complaint at some point in their career. If this is you, you must give the disciplinary process the appropriate time and attention it requires. Additionally, understand that you do not have to navigate this process alone. Consider hiring defense counsel to represent you, or if nothing else, talk to your mentors, so that you can learn from the experience and become a better attorney.

Endnotes