Common Grievance Terms:

Administratively Closed: The Statewide Grievance Committee’s decision to close a grievance complaint file without further review. Such a decision is made if the attorney resigns from the bar and waives his right to apply for reinstatement, or the attorney is deceased. It may also be used in certain other limited circumstances.

Administrative Suspension: The suspension of an attorney’s license for not paying the client security fund fee. The attorney is not allowed to practice law while under administrative suspension. The administrative suspension is not considered discipline and the attorney will be allowed to practice again when the overdue fee is paid.

Bypass: The agreement between Disciplinary Counsel and an attorney to go directly to court because the appropriate discipline they have agreed to, or which they believe may be imposed, cannot be ordered by the Statewide Grievance Committee. The parties cannot bypass the Statewide Grievance Committee unless the attorney either admits the alleged misconduct or acknowledge that there is clear and convincing evidence to prove the alleged misconduct.

CLE: Continuing legal education. A disciplinary order of the Statewide Grievance Committee under Connecticut Practice Book section 2-37(a)(5). CLE can also be ordered by the Superior Court.

Conditions: A disciplinary order of the Statewide Grievance Committee that an attorney fulfill a condition within a certain timeframe. Connecticut Practice Book section 2-37. The Statewide Grievance Committee may order an attorney to take continuing legal education courses, pay restitution, take part in fee arbitration, pay an assessment of costs, return a client’s file, submit to audits by the Committee, or get medical, psychological, or substance abuse treatment. The Statewide Grievance Committee can reprimand an attorney for ethical misconduct in addition to imposing the above conditions. If the attorney does not fulfill a condition in a timely manner, the attorney may be brought before the Superior Court for a presentment hearing. The Superior Court may also impose any condition necessary to protect the public.

CSF Suspension: Before 2006, the suspension of an attorney by the Superior Court for not paying the annual client security fund fee.

Disbarment: The indefinite taking away of an attorney’s license after the Superior Court has decided that the attorney engaged in serious ethical misconduct. Although it is not permanent and the court can allow a lawyer to practice again at some time after the disbarment, an attorney will only be allowed to practice again if the attorney can prove to the court that his or her character has been reformed so that he or she is fit to practice law. The attorney can only get his or her license back under the procedures set out in section 2-53 of the Connecticut Practice Book. If the court finds that an attorney has knowingly misused clients’ funds or other funds held in trust, it must disbar the lawyer and the lawyer cannot be allowed to practice again for at least 12 years.

Fee Arbitration: A disciplinary order of the Statewide Grievance Committee, in which the complainant and the attorney submit to binding arbitration regarding the costs of an attorney’s legal services. Connecticut Practice Book section 2-37(a)(6). Fee arbitration can also be ordered by the Superior Court.

Inactive Due to Disability: The Superior Court’s decision not to allow an attorney to practice law because the attorney has been found to be disabled because of illness or a mental infirmity or because of drug dependency or alcohol addiction. Grievance proceedings, if there are any, are put on hold when an attorney is inactive due to a disability.

Interim Suspension: The suspension of an attorney’s license while a complaint against an attorney is being investigated, ordered by the Superior Court, after a finding that the attorney poses a substantial threat of irreparable harm to his or her clients or prospective clients.

Presentment: An order from the Statewide Grievance Committee to the Disciplinary Counsel to file a complaint against the attorney in the Superior Court. The Court then holds a hearing to decide if the attorney should be disciplined or if the complaint should be dismissed. The Court can order any discipline it decides is appropriate to protect the public, including suspension and disbarment.

Reciprocal Discipline: An order by the Superior Court based upon discipline imposed on an attorney in another jurisdiction. When an attorney holds a license to practice law in more than one jurisdiction and the other jurisdiction has disciplined the attorney, the Court is authorized to impose similar (“commensurate”) discipline on the attorney.

Reinstatement: When an attorney who has not been allowed to practice law due to discipline, failure to pay the client security fund fee or retirement is allowed to practice again.

Reprimand: A disciplinary order of the Statewide Grievance Committee after it has found that an attorney has engaged in ethical misconduct. Connecticut Practice Book section 2-37(a)(1). A reprimand can also be ordered by the Superior Court. If an attorney receives more than 3 reprimands in 5 years, a presentment must be filed against the attorney so the Superior Court can decide if more serious discipline should be ordered.

Resignation: The voluntary decision by an attorney who is the subject of a disciplinary investigation to stop practicing law. If the attorney waives his or her right to apply for reinstatement as part of the resignation, he or she will never be able to practice law in Connecticut again.

Restitution: A disciplinary order of the Statewide Grievance Committee to an attorney to return funds or other property to a client or third person. Connecticut Practice Book section 2-37(a)(2). Restitution can also be ordered by the Superior Court.

Retirement: A voluntary decision by an attorney to stop practicing law because the attorney does not want to practice law in Connecticut any longer. Connecticut Practice Book section 2-55. The attorney may come out of retirement at any time; retirement is not discipline.

Suspension: The taking away of an attorney’s license for a set period of time as discipline for ethical misconduct. Usually, if an attorney’s license is suspended for 1 year or more, the attorney must apply to the Superior Court to be allowed to practice again under the procedures set out in Section 2-53 of the Connecticut Practice Book.