1 . What offices are involved
in the attorney discipline process?
There are several
offices involved in the disciplinary process, all of which is overseen
by the Judges of the Superior Court.
Grievance Panels and Grievance Counsel
Grievance panels investigate grievance complaints to decide if there is
probable cause that an attorney is guilty of misconduct. These decisions
are based on the Rules of Professional Conduct. Sometimes grievance
panels investigate matters and file complaints in their own name.
Grievance Counsel help grievance panels with their investigations. Every
Judicial District has a grievance panel made up of one nonattorney and
two attorneys who do not have offices in the Judicial District. The
grievance panel may hold a hearing on the complaint as part of its
investigation, although this is rare. A copy of the grievance panel's
decision is sent to the person who filed the complaint (known as the
Complainant) within 140 days of the date the complaint was sent to the
panel.
The Statewide Grievance Committee and its subcommittees (known
as reviewing committees).
The Statewide Grievance Committee holds
hearings and decides grievance complaints if the local grievance panel
finds probable cause, issues written decisions, disciplines attorneys
and orders them presented to the Superior Court when appropriate.
The Statewide Grievance Committee oversees the attorney registration
process, the trust account overdraft process, the trust account audit
process and the attorney advertising review process, among other things.
The Statewide Grievance Committee is assisted in these matters by its
legal counsel, the Statewide Bar Counsel’s Office.
The Chief
Disciplinary Counsel’s Office
If probable cause of misconduct is
found in a complaint, the Chief Disciplinary Counsel and assistant
disciplinary counsel pursue grievance complaints before the Statewide
Grievance Committee for a hearing. They also prosecute serious grievance
cases in the Superior Court. Disciplinary counsel may also file
grievance complaints.
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2. How do I file a
grievance complaint?
Grievance complaints must be filed
on form JD-GC-6, Complaint Against Attorney, which is available at
https://www.jud.ct.gov/webforms/#GRIEVANCE. Detailed instructions for
filing the complaint are on the form.
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3. Where do I file a
complaint?
An original
and 6 copies of the grievance complaint and any attachments are filed
with the Statewide Grievance Committee, 100 Washington Street, First Floor, Hartford, CT 06106. The Statewide Grievance
Committee does not accept grievance complaints electronically.
Complaints that are e-mailed to the Committee will not be processed.
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4. What happens after the
complaint is filed?
Once
the file is accepted, the staff of the Statewide Bar Counsel’s office
opens a file and assign the complaint a file number. The complaint is
then reviewed by an attorney of the Statewide Bar Counsel’s office
together with an attorney and non-attorney member of the Statewide
Grievance Committee. This review is to decide if the complaint will be
processed for investigation or dismissed without an investigation
(“screened”). If it is processed for investigation, the complaint is
sent to the grievance panel that covers the Judicial District where the
attorney’s office is located. If it is screened, the Complainant may
file a written appeal, which will be considered by the Statewide
Grievance Committee. Complaints that do not comply with the Statewide
Grievance Committee rules will be returned for correction.
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5. Why might a complaint
be screened?
The reasons why a complaint may be
dismissed without investigation are in
Section 2-32(a)(2) of the Connecticut Practice Book. Common reasons
include a complaint that is more than 6 years old, that does not state a
claim of misconduct; that does not allege sufficient facts to warrant an
investigation; that alleges only a fee dispute or failure to pay a debt;
or that only alleges the name of a law firm instead of an individual
attorney.
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6. Can the Complainant
(the person who filed the complaint) respond to the attorney’s answer?
There is no rule that allows a response to an attorney's answer. The
Complainant should contact the grievance counsel, who represents the
investigating grievance panel, on this issue.
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7. What happens if the
grievance panel decides that there is no probable cause of misconduct?
Unless the grievance panel concludes that a crime was alleged in the
complaint, the grievance panel must dismiss the complaint if it does not
find probable cause. The decision is filed with the Statewide Grievance
Committee. The grievance panel’s decision to dismiss is final and not
subject to review.
If the grievance
panel finds no probable cause, but concludes that the complaint alleged
criminal conduct, then a reviewing subcommittee of the Statewide
Grievance Committee will review the decision and either affirm the
decision and dismiss the complaint, or reverse the decision and find
probable cause. The Statewide Grievance Committee does not review a
grievance panel’s decision that the complaint did not allege a crime.
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8. What happens if the
grievance panel decides that there is probable cause of misconduct?
All decisions of a grievance panel finding that there exists probable
cause of misconduct are referred to the Statewide Grievance Committee
and to the Chief Disciplinary Counsel’s Office for further action. The
Committee has a hearing that is open to the public. These hearings are
held by subcommittees of the Statewide Grievance Committee known as
reviewing committees. The reviewing subcommittees are made up of 2
attorneys and 1 non-attorney. Disciplinary counsel presents the case to
the reviewing committee at the hearing. The reviewing committee makes
the final decision on the grievance or complaint. The final decision is
in writing.
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9. When will a hearing be
scheduled?
A hearing is usually scheduled within 90
days after a grievance panel has found that there is probable cause of
misconduct. Written notice of the hearing will be to the Complainant and
to the attorney. The Complainant should contact the Chief Disciplinary
Counsel’s office regarding any scheduling issues. Occasionally, a
hearing is postponed if a witness or the attorney is unavailable, or if
the parties need more time to investigate the complaint or to try and
reach an agreement.
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10. What happens if the
complaint is dismissed after a reviewing committee hearing?
If a complaint is dismissed by a reviewing committee of the Statewide
Grievance Committee, there is no further review of that decision.
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11. What discipline can
be ordered?
The reviewing committee must either dismiss
the complaint or discipline the attorney after the public hearing.
Common disciplinary orders are:
Conditions: A disciplinary order of the
Statewide Grievance Committee that an attorney fulfill a condition
within a certain timeframe. 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. Section 2-37 of
the Connecticut Practice Book.
Reprimand: A disciplinary order of the
Statewide Grievance Committee after it has found that an attorney has
engaged in ethical misconduct. 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. Section
2-37 and 2-47 of the Connecticut Practice Book.
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.
Any discipline imposed
is placed on an attorney’s permanent record and is disclosable to the
public. The discipline is also published on the Judicial Branch website
under Grievance
Decisions.
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12. What happens if the
attorney is presented?
A presentment is an order from
the Statewide Grievance Committee to the Disciplinary Counsel to file a
complaint against the attorney in the Superior Court. The Statewide
Grievance Committee can only issue this order after a finding of clear
and convincing evidence of misconduct and when it believes the court
should impose a more serious penalty than what the Committee has the
authority to do. 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.
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13. What if my complaint
is about fees?
If your complaint is about fees, you may
want to use the Arbitration of Legal Fee Disputes fee arbitration
process set up by the Connecticut Bar Association. To get a copy of the
Rules for Arbitration of Legal Fee Disputes and the necessary forms,
please contact:
Connecticut Bar Association
30 Bank Street
P.O. Box
350
New Britain, CT 06050-0350
Telephone: (860) 223-4400, Fax:
(860) 223-4488
CBA Legal Fee Dispute Resolution
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14. Will filing a
grievance complaint affect my civil or criminal case?
Our office cannot provide you with legal advice about your civil or
criminal matter. The filing of a grievance complaint does not directly
stop or affect any court proceedings. Your attorney may feel obligated
to withdraw as your counsel if you file a grievance complaint.
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