All complaints must be in writing and signed by the complainant.  There is no complaint form.   Please be sure to include your mailing address, an email address if available,  and a daytime telephone number where you can be reached.   A delay in filing a complaint could also make it more difficult for the lawyer or others to take corrective action.  To view our complaint brochure, please click on the following link:  http://www.vermontjudiciary.org/Committees/boards/prbcomplaint.htm

While you should gather and organize as many relevant documents you need to support the allegation of misconduct and may refer to them in your letter of complaint, please do not send documents to Disciplinary Counsel, unless and until, he asks you for them.

No. There is no Statute of Limitations.  However, there is generally more evidence available if the complaint is filed shortly after the events occurred.

There is no cost, but your assistance and cooperation are necessary.

No.

Yes, but with another Board -- the Judicial Conduct Board. The Chair of the Board is Robert Keiner and his contact information is as follows:

 

The link to the website for the Judicial Conduct Board is:

 http://www.vermontjudiciary.org/Committees/boards/jcb.htm

 

Yes.

Yes.  Regardless of whether or not you paid a lawyer for representation, you may still file a complaint.

You may withdraw your participation in the complaint, but Disciplinary Counsel has independent discretion to determine whether the investigation of the issues raised in the complaint will continue. If your testimony is needed, Disciplinary Counsel may compel such testimony by subpoena even if the complaining party has withdrawn the complaint.

Prior to filing a complaint, you can discuss your particular problem with Bar Counsel who may help you frame your complaint or may direct you to various agencies who may be of more assistance to you. These conversations are confidential.

Disciplinary  Counsel cannot and does not represent a complainant’s interest or intervene on a complainant’s behalf in ongoing cases. Prior to your filing a complaint, Bar Counsel may be able to help you resolve the problem with the attorney. Either Disciplinary or Bar Counsel may informally encourage lawyers to take actions which will resolve problems between lawyers and clients.   Neither Counsel will review or second-guess the decisions and strategies of your lawyer in ongoing cases or to monitor or intervene in cases in progress.

Before the filing of a complaint, Bar Counsel will endeavor to help you and your lawyer solve the pending issue.  Neither Bar Counsel nor Disciplinary Counsel can order a lawyer to take any action. The role of Disciplinary Counsel is to determine whether a violation of the Rules of Professional Conduct has occurred and whether professional disciplinary action should be applied to the lawyer.  Disciplinary Counsel does not represent the individual filing a complaint.

Filing a case may give the attorney an opportunity to withdraw from a case.  If your case is already in court, the judge will decide whether or not your attorney may withdraw.

No. You should take what action you need in order to protect your interests.

Yes, if you are not an attorney.  A person who is not a lawyer is not bound by the rule of confidentiality.  Lawyers,  staff, and volunteers who work within the Professional Responsibility Program must abide by the confidentiality  Rule 12(F) of Supreme Court Administrative Order No. 9.  However, the complaint and information gathered about it will become public record should formal charges be filed .

Yes.  The Office of Disciplinary Counsel, the Office of Bar Counsel, or Attorney Licensing can advise you of the status of your attorney's license.  You may also review a lawyer's registration information.

There are two points in the Disciplinary System when Disciplinary Counsel can choose to dismiss a complaint.

 

After Disciplinary Counsel reviews your letter and the response from the lawyer, Disciplinary Counsel may choose to dismiss the complaint.  We call this the screening stage.  If your case is dismissed at the screening stage, you have an opportunity to appeal that decision.  Rule10(D) provides a complainant with an opportunity to seek independent review by the Professional Responsibility Board chair.  If the Disciplinary Counsel’s decision to dismiss is upheld, there is no further review.

 

If your complaint is not dismissed at the screening stage, Disciplinary Counsel will conduct an investigation.  Upon completion of the investigation, Disciplinary Counsel may decide to dismiss the complaint.  That decision is not appealable.

 

Regardless of when a complaint is dismissed, Disciplinary Counsel always writes a letter to the Complainant explaining the basis of his/her decision.

You will be informed of the disposition of your complaint and of any cooperation that is needed on your part. Disciplinary Counsel attempts to keep complainants informed of the general status of and major developments in their complaints.