Attorneys in New York must adhere to the Rules of Professional Conduct, the Judiciary Law, etc. For investigation and determination, certain less serious grievances are referred to the local bar association grievance committees.
Whether or not the bar association grievance or complaint against you is legitimate, you need experienced professional representation. If you are the subject of a grievance, please contact us today.
McDonough & McDonough is a law firm representing attorneys facing grievances and complaints. Our team of lawyers understands the issues that attorneys can face and is experienced in navigating the grievance system for the benefit of our clients.
A Bar Association grievance is a formal complaint filed against an attorney or law firm by a client, former client, or colleague. Typically, grievances investigated by bar associations are considered lower-level grievances. Bar associations only have the authority to issue advisements or dismiss a grievance. However, if during their investigation, they discover more severe misconduct; they will report that to the appropriate Appellate Division grievance committee for further investigation by that committee, which has the authority to issue more severe sanctions or institute a disciplinary proceeding.
When a client files a grievance against an attorney, they will provide information about the lawyer, why they are filing the grievance, and any evidence they may possess of the attorney’s alleged misconduct.
The information must be first submitted formally to an Appellate Division grievance committee. That committee may refer it to a bar association committee if it so chooses.
The system that is in place for handling grievances will depend on the rules established by the bar association to which the complaint was submitted. Typically, grievances are reviewed by the committee chair. They then are assigned for investigation by a committee member.
The investigating attorney will request a response from the attorney who is the subject of the grievance. Through an evaluation of each party’s submission, and occasionally after an interview, the bar association grievance committee will decide the grievance and determine whether the grievance can be resolved at the bar association level or referred back to the Appellate Division grievance committee for further investigation or action.
