Bar Complaints

Bar Complaints and Investigations

If a Bar complaint is filed against you, you are not alone. About 2000 Bar complaints (or grievances as they are called in the rules) are filed each year against Washington State Bar members. Although many are dismissed quickly, hundreds are referred to a Disciplinary Counsel for further investigation. Some are referred to formal disciplinary hearing. Many of those resolve by stipulation.

How I can help

Receiving a letter from the bar directing you to respond to a bar grievance is always an unpleasant experience. Obtaining the advice of an experienced disciplinary lawyer who has thorough knowledge of the Bar’s unique rules and practices before you file a response can put you on the right footing from the start. If the grievance is not dismissed, I can continue to advise you as the investigation proceeds and help you understand your options in what can become a very difficult, complex and emotional process.

Initial Response

A well written, detailed initial response can present your side of the story in a way that convinces the Office of Disciplinary Counsel that there is insufficient or no evidence of ethical misconduct. Without your side of the story, ODC often has nothing to go on other than the allegations in the grievance. Mounting an effective and early defense can pay great dividends.

Further Investigation

If the grievance is not dismissed and proceeds further, you may be asked by ODC to produce further documents or subpoenaed to a deposition. If ODC believes that ethical rules have been violated, they will likely recommend a hearing or, for less serious misconduct, consider a diversion program.

The stakes become much higher if the matter reaches this stage. Possible outcomes include a stipulated settlement, a diversion agreement or a disciplinary hearing. I can help you understand what to expect and weigh your options as the investigation unfolds, including whether a stipulation or diversion agreement makes sense in your situation.

My practice in disciplinary matters is limited to responding to initial grievances and if the grievance is not dismissed, representing you in a further investigation by the Bar. I do not represent lawyers in matters ordered to a disciplinary hearing. If your matter is headed to a hearing, I can help find experienced trial counsel to represent you.