Jan 13, 2015 · *These practitioners were expelled from practice prior to January 13, 2012. The term expelled has been replaced by the term disbarred, which has the same meaning and effect.See 77 Fed. Reg. 2,011, 2,013 (Jan. 13, 2012).. For more information about a practitioner's disciplinary history, click on the date highlighted in gold.. To determine whether a practitioner …
Disciplinary Committee appointed pursuant to Rule 6 infra, without reasonable grounds for refusing. Rule 3. Sanctions. (a) Purpose. The purpose of attorney discipline proceedings and sanctions is to protect the public and the administration of justice in this Court from attorneys who have not discharged,
Attorney Grievance Committee Third Judicial Department 286 Washington Avenue Extension, Suite 200 Albany, NY 12203-6320 (518) 285-8350 Overview of the Attorney Disciplinary Process PURPOSE A lawyer, as a member of the legal profession, is a representative of clients and an officer of the legal
Attorney / Client Disputes If you have a complaint against an attorney, you may contact the Attorney Disciplinary / Grievance Committee. The office you need to contact depends upon the location of your lawyer's office. Please note that the New York State Unified Court System does not have jurisdiction to investigate complaints concerning representation by attorneys.
The Rules for Attorney Disciplinary Matters apply to all attorneys who are admitted to practice in the State of New York; all in-house counsel registered in the State of New York; all legal consultants licensed in the State of New York; all attorneys who have an office in, practice in, or seek to practice in the State of New York (including those who are engaged in temporary practice pursuant to 22 NYCRR Part 523); and the law firms that have as a member, retain, or otherwise employ any person covered by the Rules.
If Committee staff recommends action other than dismissal on a particular complaint, the case is placed on the Committee's "Action Agenda". The entire Committee, by majority vote, decides what action should be taken on each case. The standard of proof which must be established for the Committee to make
The new Rules provide for "plea bargaining" in disciplinary proceedings. After the filing of a Petition, the parties may file a joint motion with the Court requesting the imposition of discipline by consent. The joint motion must include: (1) a stipulation of facts; (2) conditional admissions as to the act(s) of professional misconduct and specific rules or standards of conduct violated; (3) any relevant aggravating and mitigating factors, including an attorney's prior disciplinary record, if any; (4) agreed upon discipline to be imposed, which may include monetary restitution; and an affidavit of the respondent attorney conditionally admitting the facts set forth in the stipulation, giving consent, freely and voluntarily without coercion or duress, to the agreed upon discipline and stating an awareness of the consequences of consenting to such discipline.
The new Rules provide for diversion to a monitoring program in all four judicial departments. When in defense, or as a mitigating factor, in an investigation or formal disciplinary proceeding, the respondent raises a claim of impairment based on alcohol or substance abuse, or other mental or physical health issues, the Court may stay an investigation or proceeding and direct the attorney to complete an appropriate treatment and monitoring program approved by the Court. In making such a determination, the Court shall consider: (1) the nature of the alleged misconduct; (2) whether the alleged misconduct occurred during a time period when the respondent suffered from the claimed impairment; and (3) whether diverting the respondent to a monitoring program is in the public interest. Upon the successful completion of a monitoring program, the Court can: (1) discontinue the investigation or disciplinary proceeding; (2) resume the investigation or disciplinary proceeding; or (3) take other appropriate action. All aspects of a diversion application of an attorney's participation in a monitoring program and any records related thereto, are confidential or privileged pursuant to Judiciary Law Sections 90(10) and 499.
As a representative of clients, a lawyer assumes many roles, including advisor, advocate, negotiator, and evaluator. As an officer of the legal system, each lawyer has a duty to uphold the legal process; to demonstrate respect for the legal system; to seek improvement of the law; and to promote access to the legal system and the administration of justice. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because, in a constitutional democracy, legal institutions depend on popular participation and support to maintain their authority.
Prior to the imposition of an Admonition to an attorney, the Committee shall give the attorney twenty (20) days' notice by mail of the Committee's proposed action, and the attorney shall have the opportunity within fourteen (14) days to request reconsideration of the proposed Admonition. A request for reconsideration shall be considered by the Executive Committee, and if it is determined by a majority of the Executive Committee that reconsideration is warranted, the matter shall be resubmitted to the full Committee. Reconsideration provides the attorney with an opportunity to explain why they believe the Committee's determination was incorrect.
Pursuant to Judiciary Law §90(10) and Rule §1240.18, all records, papers, and documents associated with the investigation of an attorney are sealed and deemed private and confidential. Upon good cause being shown, the Court, upon application, is empowered in its discretion, to permit to be divulged all or any parts of such records, papers, and documents.
Disciplinary Process, from Complaint to Discipline. A disciplinary investigation typically begins with a complaint against a lawyer. The complaint is often from a client, sometimes from an adversary, and occasionally from a judge.
Lawyers grumble about the misuse of the disciplinary process by complainants seeking leverage in civil disputes. Although disciplinary agencies are not obliged to halt their investigations because civil litigation is pending, sometimes they will agree to do so. A lawyer who is involved in both a disciplinary matter and parallel civil litigation should not attempt to condition settlement of the civil dispute upon withdrawal of the disciplinary complaint. The disciplinary agency is not bound by the withdrawal of the complaint and may begin a more serious investigation into the lawyer’s attempt to obstruct or interfere with the disciplinary inquiry.
The watchwords for lawyers in the disciplinary process are “candor, contrition, and cooperation,” otherwise known as the “3 Cs.” A lawyer should always “cooperate” with the disciplinary agency, for failure to cooperate may have draconian consequences. A lawyer who fails to answer a disciplinary complaint, or fails to respond to an agency’s requests, or fails to appear in response to a subpoena issued by the Appellate Division, may be suspended for “failure to cooperate.” [ Note: The Appellate Divisions rules provide for the interim suspension of lawyers guilty of conduct immediately threatening the public interest. Lawyers who fail to cooperate are routinely suspended on an interim basis from the practice of law, even if the underlying complaint is not particularly serious.]
The rules of evidence do not apply or, at least, their application is not required. There is no statute of limitations in disciplinary proceedings and courts have held that the doctrine of laches does not apply, although the age of the matter is sometimes taken into account in determining the appropriate sanction to be imposed upon a lawyer. The standard of proof is a “fair preponderance” of the evidence. Proposals to raise the standard to “clear and convincing” evidence, which most other jurisdictions require, have been unsuccessful thus far.
Formal charges are brought against the lawyers who are alleged to have committed serious misconduct, such as commingling or conversion of client funds, or who are alleged to have committed a pattern of lower-level misconduct, such as multiple neglects of client matters . Formal charges may also be brought if the lawyer has a disciplinary history, which is another reason not to accept an unjustified Letter of Caution or Admonition. Hearings are conducted before court-appointed referees, hearing panels or disciplinary agency subcommittees. The rules governing these proceedings vary from department to department. [ See, 22 NYCRR §605.11 et seq.; 22 NYCRR §691.4; 22 NYCRR §806.5; 22 NYCRR §1022.19 (1).]
The Washington State Bar Association's physical office is closed to the public. The Office of Disciplinary Counsel is continuing its work through online communications. Please communicate with us by sending messages and required information to the email address of the assigned disciplinary counsel on the matter.
Acting under delegated authority of the Washington Supreme Court, the Office of Disciplinary Counsel (ODC) is the department of the Bar Association responsible for reviewing, investigating and prosecuting grievances about the ethical conduct of Washington lawyers.
There were no Louisiana Supreme Court disciplinary decisions in August 2016.
June A. Placer. The Board recommended the respondent be disbarred for intentionally fabricating evidence to a tribunal and engaging in a pattern of criminal conduct.
Edward Hebert II. Hearing Committee #55 recommended the respondent be permanently disbarred for the unauthorized practice of law. While suspended, the respondent represented a client in a judicial proceeding by using the bar number of another attorney.