The Grievance You Didn’t See Coming: Why Good Lawyers Get Grieved
By Laura Popps
I hear this frustration all the time:
“I know lawyers who lie, cheat clients, miss court — and nothing happens to them. Meanwhile, I’m working myself to the bone, and the Bar is after me?”
It’s one of the most demoralizing moments in a lawyer’s career: opening a notice from the State Bar and discovering you’re the subject of a grievance. For attorneys who care about their clients and take pride in their work, it feels not just unexpected — but unfair. You work hard. You care about your clients. You’re not cutting corners. So, how did this happen?
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I get it. It often seems like the lawyers trying to do things right are the ones who end up in the crosshairs, while others skate by unnoticed. And, yes, sometimes it really is unfair.
But here’s the reality: while serious misconduct does get reported and addressed, that’s not what makes up the bulk of the disciplinary system. Most grievances don’t involve theft or fraud; they stem from routine missteps: a missed communication, an unexplained delay, or a misunderstanding that escalates into a complaint.
The disconnect is that many lawyers don’t realize how easily these small issues can trigger a Bar investigation. They assume that being ethical in the big-picture sense is enough. So, when a complaint comes in over something they see as minor, they’re blindsided, and left feeling angry, embarrassed, or just totally confused. Often, these issues don’t stem from bad intent or ignorance of the rules. They happen because the lawyer is drowning in work, stretched thin, and something slips. And when it slips, that’s when the grievance comes.
Here’s What You Need to Know to Protect Yourself
Communication
The number one allegation in attorney grievances is failure to communicate. That means you could be doing excellent legal work — negotiating favorable outcomes, staying on top of deadlines, and preparing thoroughly — but if you're slow to return emails or calls, don’t regularly update your client on the status of their case, or fail to explain important developments clearly, your risk of being grieved goes way up.
It’s that simple. Clients do not want to feel ignored or left in the dark, and they expect prompt responses when they reach out with questions or concerns.
The rules leave little room for discretion here: if a client makes a reasonable request for information, you must respond promptly. In fact, you're obligated to affirmatively keep them informed as the matter progresses. If you don’t have a reliable system for managing the constant flow of client communications, it’s probably a matter of time before you find yourself facing a grievance.
Neglect
Right behind communication is the second most common allegation: neglect. This does not necessarily mean a lawyer has wholly abandoned a case. Neglect under the disciplinary rules often shows up in more subtle ways — missing deadlines, failing to follow through on tasks, or letting a case sit idle without good reason. In many cases, the lawyer isn’t being willfully careless. They’re just overwhelmed, disorganized, or juggling too many balls at once.
But from the client’s perspective, none of that matters. And if their frustration turns into a grievance, the State Bar isn’t going to be impressed by how busy you were. The rule is simple: when you take on a legal matter, you have to see it through with diligence and reasonable promptness. If you don’t have systems to track deadlines, follow up on pending issues, and keep the case moving forward, you’re putting yourself at real risk, even if you care deeply about your clients and have no intention of neglecting anything.
Returning Client Files
The third most common allegation involves how an attorney handles the end of representation, most often, failing to promptly return the client’s file. Once a client requests their file, it must be provided in full and without delay. If the relationship ended on good terms, a short wait might be tolerated. But when tensions are high or the case is still active, clients expect immediate delivery, and any delay can trigger a grievance.
These complaints are often upgraded for further investigation, as there are few valid reasons for withholding a file. The risk often comes down to something simple: not maintaining files in real time, making it harder to respond quickly when the request comes in.
The takeaway is this: you don’t have to be a bad lawyer to get grieved. The system doesn’t just catch bad actors; it also responds to missteps that come from stress, disorganization, or communication breakdowns. That’s why it’s so important to understand where the real risks lie. With better systems, clearer expectations, and consistent follow-through, you can protect yourself, not just from grievances, but from the professional fallout they bring.
For more on how to avoid grievances, see My Top 5 Tips for Grievance-Proofing Your Law Practice.
Laura Popps defends Texas attorneys before the State Bar, advises on legal ethics, and handles criminal appeals. A former prosecutor, Laura has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1999. She then served for ten years as Regional Counsel at the State Bar of Texas’ Office of Chief Disciplinary Counsel before founding her own firm.
Laura can be reached at laura@poppslaw.com or (512) 865-5185.
NOTE: This content was authored by Laura Popps and may have been edited or refined using AI-based tools, such as ChatGPT, for clarity and style. All substantive ideas, legal analysis, and final edits reflect the author’s professional judgment. No confidential information was shared during the drafting process.