When should you file a police complaint against a lawyer?
The Israel Police only deals with criminal offenses, so filing a police complaint against a lawyer should be considered in cases where the lawyer has committed a criminal offense. You can read about various criminal offenses atPenal Law.
Common examples of where a police complaint can be filed against a lawyer are: Theft of money By a lawyer, practical Fraud by a lawyer Such as attempts to steal assets or real estate from the client, Document forgery or Forged signatures, etc. In such cases, it is very advisable to consult with Fraud and deceit lawyer Who can guide you on how to drive.
Keep in mind that even filing a police complaint against a lawyer does not guarantee thatIsrael Police Handle the complaint. Because the police are very busy with many complaints, there is a high chance that even if you file a complaint, it will be closed due to lack of evidence or lack of public interest.
In these cases, an appeal can be filed and the complaint can be reviewed again, but if it is not a theft or an act of fraud that caused significant financial damage, there is a high probability that the police decision will not change.
Another thing that may affect the police's decision whether or not to investigate the lawyer is whether the lawyer has acted systematically to steal or defraud his clients, or whether it is an isolated complaint. The more and more complaints accumulate, the higher the chance that the police will investigate the case, and if they see fit, they will recommend to the prosecutor's office to file a complaint. Indictment.
What is the difference between filing a police complaint against a lawyer and taking other steps?
The most significant difference between filing a police complaint against a lawyer and taking other procedures is that the ones who handle the investigation, prosecution, conducting the legal process, and making decisions about how to proceed are the Israel Police and the Attorney General's Office.
The victim does not decide how to act against the lawyer, and in many cases, he is not even asked whether he agrees or disagrees with the course of action. The victim has almost no control or influence over how the criminal proceedings against the lawyer are conducted.
Another significant difference is in the required remedy. While in a criminal proceeding the primary remedy is imprisonment, in other proceedings the remedy may be monetary compensation or refund or the revocation of the attorney's license.
Filing a police complaint against a lawyer does not require representation by another lawyer. This is an action that you can do independently. However, when filing a complaint with the police, Lawsuit against a lawyer, and in some cases when submitting Complaint against a lawyer For the Bar Association, it is advisable to be represented by another lawyer.
In what cases will a police complaint against a lawyer not help?
In cases where there is doubt whether a criminal offense was committed or if it is known for certain that no criminal offense was committed, there is no point in filing a police complaint against a lawyer.
For example: In cases where a lawyer did not file Defense (or wrote another type of claim) or did not bother to appear for a court hearing in the client's case, there is no point in filing a police complaint because those are not criminal offenses.
If a lawyer does not answer the client's phone calls, this is also usually not a good reason to file a police complaint against a lawyer, unless the client has paid significant amounts of money to the lawyer and there is concern that the lawyer has stolen these funds and does not intend to perform his work.
If a lawyer is not answering the phone, he may be on vacation or sick, so it's worth simply showing up at his office and checking to see exactly why you're not getting a response.
Another case where there is no point in filing a police complaint against a lawyer is in a situation where you are not satisfied with the service or professional treatment you receive from the lawyer. In these cases, it is worth considering Change lawyer and if necessary submit Civil lawsuit or Financial claim Against a lawyer and demand a refund of the money you paid for the service, and financial compensation for the damages you suffered (to the extent incurred).
Instead of filing a police complaint against a lawyer, you can file a lawsuit.
Instead of filing a police complaint against a lawyer, you can file a lawsuit in court. Sometimes it is advisable to take both actions together to exert maximum pressure on the lawyer, who on the one hand will be forced to face criminal proceedings against him, and on the other hand will be forced to face civil proceedings.
Filing a lawsuit against a lawyer may be considered when the following conditions are met:
- A lawyer was negligent in his duty.
- The lawyer caused the client harm.
If the client has not suffered any damage, there is a high probability that the court will dismiss the claim even if it turns out that the lawyer was negligent in his duties (for example: the lawyer Very negligent in representation in a real estate transaction But still, no harm was done to the customer.
The advantage of filing a lawsuit against a lawyer is that, unlike filing a police complaint against a lawyer, the client has full control over the process. He, in collaboration with his lawyer, decides how to draft the lawsuit, what remedies to demand, when to file the lawsuit, etc.
The client can also choose whether to send the lawyer Warning letter before filing a claim Or not. In general, it is recommended to send Warning before filing a lawsuit against a lawyer, because such a notice may lead to a settlement or to receiving a response from the lawyer that will help you understand what his defense arguments will be, and in this way you can formulate Claim more correctly and more wisely.
לפני הגשת תביעה נגד עורך דין כדאי לוודא שיש לכם נתונים/ראיות שיכולות לתמוך בטענות שלכם ולהוכיח שאכן נגרמו לכם נזקים. ללא ראיות כגון שיחות מוקלטות, תכתובות דוא"ל/וואטסאפ, עדים שיוכלים לתמוך בטענות שלכם, יש סיכוי שלא תצליחו לשכנע את בית המשפט לקבל את הטענות שלכם.
You can view an example on our website. A lawsuit against a lawyer for stealing money from a client or an example of A lawsuit against a lawyer for professional negligence.
Instead of filing a police complaint against a lawyer, you can file a complaint with the Bar Association.
While the purpose of a police complaint against a lawyer is to lead to a criminal sanction against the lawyer, when filing a complaint with the Bar Association the purpose is to result in a disciplinary sanction, which can even lead to the lawyer being suspended from the Bar permanently or temporarily. This means that the lawyer will not be able to practice law.
In most cases, this sanction deters lawyers much more than a civil sanction (for example, paying financial compensation to the injured party), because lawyers do not want to lose their source of income, beyond the negative stigma that this causes if it becomes public knowledge that the lawyer has been suspended from the bar.
A complaint to the Bar Association is very similar to filing a police complaint against a lawyer. The injured party must specify in his complaint exactly what the lawyer did wrong or how he caused damage. After receiving the complaint, the Bar Association will request a written response from the lawyer. After that, several lawyers from the Bar Association will meet and decide whether there is a case to file a complaint against the lawyer.
If it is decided to file a complaint, a lawyer from the Bar Association will be appointed to file the complaint and conduct it against the lawyer against whom the complaint was filed. At this stage, the procedure becomes very similar to a criminal proceeding.
If the lawyer is found guilty, he will ultimately be sentenced and the appropriate punishment will be decided. A penalty of permanent or temporary disbarment from the bar requires a serious act on the part of the lawyer (not all negligent conduct will lead to disbarment).
In addition, usually, symbolic compensation is determined in favor of the complainant. This is not compensation that will fully compensate the injured party or even come close to it. If your goal is to receive significant financial compensation, the only and correct way is to file a civil lawsuit.
In conclusion
It is worth considering filing a police complaint against a lawyer when a lawyer commits a criminal offense against his client. For example: stole money, forged documents, tried to deprive the client of rights to which he is entitled.
On the other hand, if your goal is to win financial compensation, you must file a civil or financial claim. In such a case, it is worth gathering appropriate evidence to prove your claims before filing the claim.
Another option is to file a complaint against the lawyer with the Bar Association. If a lawyer has committed a serious ethical offense, he risks being temporarily or permanently expelled from the Bar Association. This is a remedy that is very frightening to most lawyers.
In most cases, there is no obstacle to filing a police complaint against a lawyer, and at the same time filing a civil lawsuit and filing a complaint with the Bar Association.
