colorado supreme court, attorney misconduct grievance committee, how so filed

by Herminio Mraz 8 min read

In 1973, a complaint was filed with the Committee alleging one count of professional misconduct by the respondent in connection with the preparation of a document in a case in the United States District Court for the District of Colorado.

Full Answer

How to file a complaint against an attorney in Colorado?

7. Matters related to the Colorado Attorneys' Fund For Client Protection. To file a complaint related to any of the above topics, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370. For more information, click on the links above or visit our frequently asked questions.

How do I file a complaint with Regulation Counsel?

To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370, or by using the following online complaint form. Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

Who is authorized to investigate a formal complaint against an attorney?

provides better guidance to judges who file a grievance with Attorney Regulation Counsel. The Board concludes that a judge‘s report of attorney misconduct, without more, does not require the judge automatically to recuse from the attorney‘s cases. Rather, the judge must consider first whether the judge

Does the Office of Attorney Regulation Counsel handle complaints about judges?

Our holding in Colorado Supreme Court Grievance Committee applies here as Though Chessin’s C.R.C.P. 106(a)(4) action is a civil proceeding, he effectively seeks review of Regulation Counsel’s decision not to pursue an investigation against an attorney. As in Colorado Supreme Court Grievance Committee, a district court’s exercise of jurisdiction over such a claim would …

Where are the Colorado Rules of Professional Conduct?

The procedural rules for the investigation and prosecution of alleged violations of the Rules of Professional Conduct are located in Chapter 20 of the Colorado Rules of Civil Procedure.

What is the Office of Attorney Regulation Counsel?

The Office of Attorney Regulation Counsel investigates and prosecutes allegations of violations of the Rules of Professional Conduct by attorneys in Colorado. The Office of the Presiding Disciplinary Judge presides over formal complaints against attorneys.

What is an investigation process?

The investigation process is designed to provide a thorough and objective review of the attorney's conduct, and to resolve the matter in a way that is fair to the complainant and the attorney. An attorney who violates the law or the rules is subject to discipline.

Do attorneys make mistakes?

Similarly, an error in judgment does not necessarily violate the rules. Attorneys, like everyone else, make mistakes.

Is a dispute over legal fees evidence of misconduct?

Except for unusual circumstances, a disagreement over legal fees is not evidence of misconduct. Persons having fee disputes will usually be referred to a voluntary committee of the Colorado Bar Association that arbitrates fee disputes.

Does the Office of Attorney Regulation Counsel handle complaints about judges?

Note that The Office of Attorney Regulation Counsel does not handle complaints about judges, other than municipal court judges and magistrates. Complaints about judges should be directed to the Colorado Commission on Judicial Discipline.

Who is authorized to investigate in Colorado?

The Colorado Supreme Court Office of Attorney Regulation Counsel is authorized to investigate: 1. Attorneys licensed or otherwise certified to practice law in Colorado, 2. Attorneys who are not licensed in Colorado but practice in Colorado, 3. Colorado magistrates, 4.

Does the Office of Attorney Regulation Counsel handle complaints about judges?

Note that The Office of Attorney Regulation Counsel does not handle complaints about judges, other than municipal court judges and magistrates. Complaints about judges should be directed to the Colorado Commission on Judicial Discipline.

How to file a complaint against an attorney?

How do I file a complaint? To file a complaint against an attorney, contact the Office of Attorney Regulation Counsel by calling (303) 457-5800, or toll free (877) 888-1370, or by using the following online complaint form. Your full name, address, and phone number. Attorney's full name, registration number, address, law firm, and phone number.

What is the first step in the complaint process?

When you call the office with a complaint or use the online complaint form, you will be connected to the central intake division , which is the first step of the complaint process. For telephone complaints, a non-lawyer investigator in the central intake division will ask you questions about your complaint.

Why are attorneys upset?

Most attorneys are understandably upset when they're notified of a complaint against them. Anxiety about loss of a license or a soiled reputation is common, but isn't necessarily warranted. The Office of Attorney Regulation Counsel is required to look into all complaints.

What happens if a trial attorney does not seek dismissal?

If the trial attorney does not seek dismissal, he or she will submit a report of investigation to the Attorney Regulation Committee.

How long does it take for an attorney to respond to a report of investigation?

When the office submits the report of investigation to the Attorney Regulation Committee, the respondent attorney will receive a copy. The attorney then has 10 days to file a response that will be considered by the committee.

What is the burden of proof for an attorney?

This is a legally defined burden of proof. It is more rigorous than the preponderance of the evidence standard but less rigorous than proving a case beyond a reasonable doubt.

What documents can an investigator collect?

These can include trust account records, bank records, court records, fee agreements and billing statements. The Office of Attorney Regulation Counsel can subpoena records, if necessary.

What is the rule of the Supreme Court?

Rule 1.2 states that ―[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

What is a requesting judge report?

The requesting judge has reported a lawyer‘s conduct to both Attorney Regulation Counsel, per his obligation under Rule 2.15(B) of the Colorado Code of Judicial Conduct, and a law enforcement agency. The judge notes that he has no personal bias or prejudice concerning the attorney as a result of this report or otherwise. The attorney is senior counsel in a small law firm of fewer than five attorneys. At the time of the judge‘s report, the attorney‘s law firm had eleven cases assigned to the judge‘s division. In the past, the lawyer and one or more of the other attorneys in the firm have each listed their names on court filings, although the lawyer has not necessarily electronically signed every court filing or appeared for pre-trial hearings. Given these facts, the requesting judge poses four questions: