On the average, since 2008 the Statewide Grievance Committee receives 1,200 Grievance Complaints filed against lawyers each year. Many of these Complaints are frivolous -- but even a frivolous Complaint triggers an investigation if the jurisdictional prerequisites described in the Connecticut Practice Book are fulfilled.
In addition to Grievance Complaints, the Rules permit the Chief Disciplinary Counsel to initiate an investigation of a lawyer; the Rules also permit the Statewide Bar Counsel to ask a Grievance Panel to investigate a lawyer's conduct to determine if a Grievance Complaint should be filed.
While it may not be necessary to retain ethics counsel for every disciplinary investigation or Grievance Complaint, when a lawyer learns of a Complaint, swift action must be taken. As in other areas of the law, the difficulty is recognizing when it makes sense to hire a lawyer for either consultation or defense.
There are several important factors to consider when deciding whether to hire ethics counsel to assist:
- If the Complaint alleges the lawyer engaged in dishonest conduct or mishandled clients' funds
- If the Complaint alleges the lawyer assisted in the unauthorized practice of law
- If the Complaint has been filed by another lawyer or by someone who is assisted by a lawyer
- If the conduct alleged in the Complaint was brought to the attention of the Statewide Grievance Committee by a Judge
- If the lawyer has been the subject of several previous Complaints containing similar allegations
- If the lawyer has prior disciplinary history that includes reprimands or suspensions
Any allegation of unethical conduct is a serious matter that requires undivided and objective attention. While one of the hallmarks of the legal profession is independent judgment, when faced with a Grievance Complaint, lawyers often cannot assess the problem any more objectively than non-lawyers can assess their legal problems. Whether in general practice or specialized practice areas, lawyers generally have no firm grasp of the fine points of the regulations governing lawyers, the intricacies of the disciplinary process, or the standards that apply in character and fitness hearings.
The Ethics and Professional Responsibility lawyers at Sandak Hennessey & Greco are sensitive to the anxiety and concerns presented by a Grievance Complaint or disciplinary investigation, and equally understand the need for cost effective but zealous advocacy. When a lawyer receives a letter from the Statewide Bar Counsel or the Chief Disciplinary Counsel describing an investigation that is underway, the Ethics and Professional Responsibility Lawyers at Sandak Hennessey & Greco provide comprehensive assistance to evaluate the risks and rigorous defense if appropriate.
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