If so, the organization will discipline the attorney as appropriate. Attorneys can be disciplined for various reasons - from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law.
What is the Office of Disciplinary Counsel? The Office of Disciplinary Counsel (ODC) was created by the District of Columbia Court of Appeals to investigate and prosecute complaints of ethical misconduct against lawyers licensed to practice law in the District of Columbia who violate the D.C. Rules of Professional Conduct (RPC).
To determine whether a practitioner has been previously disciplined, click on this link for the List of Previously Disciplined Practitioners. For more information about the Executive Office for Immigration Review's Attorney Discipline Program, click on these links:
Disciplinary Board: Reviews disciplinary recommendations and dismissals, reviews hearing records and stipulations, and is appointed by the Washington Supreme Court. Hearing Officers: Conduct public disciplinary hearings and other proceedings and are appointed by the Washington Supreme Court.
The agency may also compel the lawyer’s appearance and testimony, and subpoena the lawyer’s files and records. Again, a lawyer who fails to respond to the disciplinary agency’s requests risks suspension from practice.
In addition, in some departments, the local bar associations continue to be involved in investigating, resolving or mediating lower-level complaints , particularly those involving fee disputes, lack of communication or minor neglects. The Appellate Divisions are expanding the role of the bar associations in mediating these lower-level complaints, which will permit the disciplinary committees to concentrate on more serious matters.
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.]
In New York, lawyers are licensed and disciplined by the Appellate Divisions of the Supreme Court. [Judiciary Law §90.] This has been the case in New York for more than 125 years, but it is contrary to the practice in most jurisdictions, in which either the highest state court or the state bar (in those states that have integrated bars) disciplines attorneys. A New York lawyer may come under the jurisdiction of more than one Appellate Division. Each court asserts authority over lawyers who were admitted to practice by that court, as well as over lawyers residing, practicing or committing acts within its jurisdiction. [ See, 22 NYCRR 1 603.1 (1st Dept.); 22 NYCRR §691.1 (2nd Dept.); 22 NYCRR §806.1 (3rd Dept.); 22 NYCRR §1022.1 (4th Dept.) (McKinney’s 1998). In addition, the 1st Dept. has disciplinary jurisdiction over law firms, which may he disciplined to the same extent as lawyers.]
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).]
After receiving a complaint from a disciplinary agency, a lawyer must file a written response. The lawyer’s written response is one of the most important documents in the disciplinary process, for it can and often is used against the lawyer by the disciplinary agency. However, it is also the lawyer’s best opportunity to persuade the agency that the lawyer has done nothing wrong or that there is a satisfactory explanation or mitigating circumstances. The lawyer’s response is typically sent to the complaining party for a reply or comments.
A lawyer also should be candid, accurate and honest in responding to a disciplinary complaint or questions from the agency. A lawyer’s dishonesty or “lack of candor” can be even more damaging than the allegations in the complaint itself. In general, a lawyer’s answer should be professional in tone, responsive to the issues and detailed enough to demonstrate that there has been no impropriety on the lawyer’s part.
Try to resolve issues with your attorney by communicating your concerns clearly and asking for a response. Your attorney should clearly explain the fee agreement and scope of representation, keep you aware of developments in your case, and respond to any reasonable requests you may have for information.
The Board Rules can be found under the Board on Professional Responsibility section.
If you must pay for a certificate by check or money order , please complete the Certificate Request Form and return it, together with your payment of $25 payable to "DC Bar," to the Office of Disciplinary Counsel at the address below. Please complete the form in its entirety to avoid processing delays. Please allow additional time to process your mail-in request.
The electronic delivery of a certificate will be processed upon receipt of the Certificate Request Form and payment. Most certificates are processed within two (2) business days. We do not offer same-day processing.
The purpose of this process is to protect the public by disciplining lawyers who violate the ethics rules. Our office cannot consider complaints against judges acting in a judicial capacity.
The Office of Disciplinary Counsel cannot represent you , give you any legal advice, or change the outcome of a court decision.
The Office of Disciplinary Counsel cannot refer you to an attorney. You may consult the D.C. Bar Pro Bono Center to obtain information.
If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.
The State Bar plays a central role in the development and enforcement of laws that govern attorney conduct. The guidelines for attorneys are embodied in the Rules of Professional Conduct, which cover everything from financial arrangements between attorneys and responsibilities to clients to the confidentiality of client records.
Not all complaints warrant an investigation or charges. But if State Bar investigators and attorneys find a basis for a complaint, and it is not resolved after discussions with the attorney, the case is referred to State Bar Court for a disciplinary hearing.
Office of Disciplinary Counsel: Receives, reviews, and may investigate grievances; recommends disciplinary action or dismissal; presents cases at hearings.
Read the Court Order and Revised and Extended Administrative Order (revised and extended May 5, 2020).
Washington Supreme Court: Has exclusive authority over the entire system, conducts appellate review, and orders all suspensions and disbarments, interim suspensions, and reciprocal discipline.
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. If there is not an assigned disciplinary counsel or you do not have disciplinary counsel’s email address, send email to [email protected]. If you are filing a grievance, please use our E-Grievance Form (accessible on our Concerns About a Lawyer . Responses to mailed grievances will be delayed. We will update this information as soon as WSBA onsite processes resume.