Every lawyer knows that the practice of law carries risk. No matter how dedicated you are to your practice and clients, it’s important to think proactively about the possibility of grievances — complaints filed with the North Carolina State Bar (NCSB) alleging violations of the Rules of Professional Conduct.
The reality is that grievances are far more common than most lawyers realize, and the broad range of people capable of filing one can make them difficult to predict. While the majority originate from clients, opposing counsel, judges, jurors, court staff, and even third parties who have a “cognizable interest” in the matter may register a complaint with the Bar. Under the recent 2024 legislative changes, the NC State Bar can now initiate one on its own.
That wide net means lawyers must understand not only how to respond to a grievance, but how to avoid the most common triggers altogether. Here is what vigilant NC attorneys need to know about why most grievances happen and how to minimize their risk without compromising on client service or professional integrity.
While every lawyer’s practice is different, several common themes recur amongst Bar complaints. Recognizing these patterns can help you refine your office policies and minimize exposure.
Overall, the most common grievance trigger is lackluster communication. Clients who feel ignored, uninformed, or confused about their case commonly vent that frustration in the form of a Bar complaint. Even if the underlying legal work was perfectly competent, clients may feel abandoned if:
Proactive updates, even if nothing pivotal has changed, go a long way towards keeping the lines of communication open. Set clear expectations at intake about timelines, communication frequency, and typical response times.
Be meticulous about documenting and relaying developments, and let clients know in advance if you will be unreachable during certain dates.
Another common source of Bar discipline involves trust account management and billing issues. Many clients don’t fully understand how trust accounts work, and bookkeeping errors can be misinterpreted as intentional misconduct, catching well-intentioned attorneys off guard.
Risks for fee disputes increase with:
Clear fee agreements, transparent billing, and rigorous trust-accounting procedures are essential. Regular internal auditing, especially with the assistance of a professional license defense attorney experienced with the issues that frequently contribute to Bar complaints, can button up the financial side of your business and prevent complaints.
Clients may file grievances when they believe their lawyer is not doing enough, even if the perception is inaccurate. Delayed filings, slow discovery responses, or case stagnation may look like neglect from an outside perspective.
This problem is heightened in high-volume practices and solo practices with demanding litigation calendars.
The best way to avoid these misunderstandings is to consider your client’s case from their perspective and err on the side of over-communicating. When unavoidable delays occur, ensure that clients understand what occurred and how you plan to move forward.
Some grievances arise when clients perceive a conflict of interest that interferes with their attorney’s ability to represent them effectively. Conflicts of interest may be obvious, such as representing two adverse parties, but many are more subtle. Representing multiple family members, serving in dual roles, or even your past personal or professional relationships can raise suspicion.
Perform thorough conflict checks, disclose potential conflicts early, and document informed consent where allowed.
If a potential conflict becomes clear mid-case, address it immediately and consult a professional license defense attorney experienced with the NC State Bar. Proceeding with transparency can prevent you from navigating the grievance process down the road.
Sometimes, grievances are driven not by misconduct but by disappointment. A criminal defendant who receives a harsh sentence, a litigant who loses custody, or a client who pays a bill they didn’t expect may turn to the grievance process to express frustration.
Even though the NCSB does not investigate complaints about strategy, bad outcomes, or malpractice claims (unless they involve rule violations), many such grievances are still filed and must be addressed.
Set realistic expectations early, reinforce those expectations throughout the case, and document major strategic decisions. When a case outcome is likely to be unfavorable, prepare the client well in advance. Good expectation management is one of the strongest grievance-prevention tools available.
Behavior that clients, opposing parties, or others perceive as disrespectful, overly familiar, or inappropriate can also prompt grievances.
This can include emotional outbursts during negotiations, abrupt communication, or unprofessional comments. When complaints originate from court staff, judges, and other attorneys, allegations of unbecoming conduct are a common trigger.
Maintain professionalism even in tense or emotional moments. When you know an interaction may become heated, consider having a colleague present. If an incident occurs, document it immediately and neutrally. Contemporaneous records can be invaluable if someone later tries to reframe the situation in a grievance.
When a grievance is filed, the NCSB may issue a Letter of Notice that requires a written response. Even attorneys who know they have done nothing wrong should not treat this lightly.
An inadequate or incomplete response can itself be grounds for discipline, and a late response is almost always viewed negatively.
Because maintaining objectivity as the subject of the grievance is challenging even for very experienced lawyers, engaging a professional license defense attorney can help you:
Securing representation also helps reduce the emotional burden. Lawyers under scrutiny often feel defensive, anxious, or angry, and those emotions can unintentionally come through in a response letter. The right advocate provides distance, clarity, and strategy tailored to the processes of the NC State Bar.
Grievances happen to excellent lawyers. Sometimes they reflect real mistakes; other times they reflect unhappy clients, misunderstandings, or tensions inherent in adversarial work. What matters most is how you prevent them — and how you respond when they arise.
If you are navigating the grievance process or want to proactively improve your firm’s practices, Landon White Law is here to help.
