|
HOME
:.Desktop View :.Mobile View CONTACT US :.Northern Virginia OUR LAWYERS :.Daniel Schumack :.Seth Guggenheim WHAT WE DO :.Legal Ethics :.Risk Management TERMS OF USE :.Policies & Notices NEWS & MORE :.Firm News :.Job Openings :.CLE Publications :.Practice 360 |
>EthicsAttorney.com / Legal Ethics
LAW FOR LAWYERS We represent lawyers and law firms in these risk management matters:
We offer bar complaint defense at every stage of the process, including Bar Counsel's initial inquiry and investigation, peer review, negotiated dispositions, contested evidentiary trials, and appeals. Our ethics work is focused, based on proximity to our northern Virginia office, upon bar complaints before the D.C. Bar, Virginia Bar, or USPTO. Our Maryland work is generally limited to cases involving parallel complaints to D.C. or Virginia matters. What to Do If You Receive a Bar Complaint Frequently Asked Questions What's the Difference Between "Disciplinary Counsel" and "Bar Counsel"? This website uses the Bar Counsel title to refer to the arm of the bar that investigates and prosecutes disciplinary violations. The Maryland and Virginia bars refer to their respective prosecutors as the Office of Bar Counsel. The District of Columbia refers to its prosecutor as the Office of Disciplinary Counsel. The U.S. Patent and Trademark Office refers to its prosecutor as the Office of Enrollment & Discipline. How Long Will it Take? Disciplinary inquiries move at their own pace, which tends to feel excruciatingly slow when you are the subject of the inquiry. How long it will take before Bar Counsel announces its intent to dismiss or prosecute depends on case-specific factors. Should I Settle with the Complainant? You can't settle a bar complaint with the complainant. A complainant lacks the power to withdraw the bar complaint once it is made. Lawyers who are targets of actual or threatened bar complaints should not participate in discussing terms that purport to require withdrawal of a bar complaint or preclude making a bar complaint; Bar Counsel is likely to view such overtures as obstruction of justice and dishonest. If I Reimburse My Client's Loss, Does the Investigation End? Maybe. Disciplinary offenses are complete when the misconduct occurs, notwithstanding subsequent curative efforts. Bar Counsel has discretion in some cases, and in some jurisdictions, to terminate an investigation because the complainant has been made whole. If prosecuted, your curative steps may be treated as mitigating evidence in any sanction decision. [When settling any civil claim with a client, make sure you comply with the fairness, timing, and disclosure requirements of Rule 1.8.] May I Resign from the Bar to Avoid Prosecution? Probably not. In most jurisdictions, you cannot resign or withdraw from the bar while charges are pending without consenting to disbarment based upon an admission that some of the charges are true. Similarly, administrative suspension for non-payment of dues or failure to comply with any mandatory CLE requirements will not stop a disciplinary prosecution. May I Move My Office to Keep Practicing? Probably not. For lawyers who are licensed in multiple states, a suspension or disbarment imposed in one jurisdiction is likely to cascade into every state and federal jurisdiction. Do I Need to Respond to a Bar Complaint from a State Where I'm Not Licensed? Probably yes. This is a fairly common problem for lawyers who work near state lines and for lawyers who capture clients through multi-state advertising campaigns. Most jurisdictions claim the right to investigate and prosecute lawyers only licensed in other states if the complaint alleges misconduct that would support What's the Difference Between Disbarment and Revocation? License revocation in Virginia is effectively the same sanction as disbarment in Maryland or the District of Columbia. How Do I Get Reinstated? Some suspensions terminate by the mere passage of time. Other suspensions, and all disbarments, carry an obligation to move for reinstatement; and you will be expected to prove your fitness and rehabilitation as part of that process. The order of suspension or disbarment may include additional specific conditions that must be met prior to seeking reinstatement. (As examples: if you are disbarred for misappropriation, reinstatement might be conditioned on proof of restitution; if you are suspended for misconduct mitigated by alcohol addiction, reinstatement might be conditioned on proof of treatment for the addiction.) Ethics Library (External Links) Each licensing jurisdiction adopts its own ethics rules. This sometimes means a federal court or agency could have different ethics rules than the bar of the state where that federal court or agency is located. Most licensing jurisdictions base their ethics rules on the American Bar Association's Model Rules of Professional Conduct. Note that the ABA Model Rules are not a basis on which to impose discipline unless adopted by a state bar or federal court/agency as its own. For current versions of state bar ethics rules, see: DC Bar | VA Bar | MD Bar Maryland and some ABA-following jurisdictions have additional trust account regulations that exist outside of ethics Rule 1.15. See: MD Code | ABA Trust Guidelines Notice: Use of this website does not create an attorney-client relationship. Our service area is limited to Virginia, District of Columbia, and Maryland. © SCHUMACK + GUGGENHEIM PLLC, Fairfax, VA, USA |