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Professional Responsibility Board

Frequently Asked Questions

Confidentiality and Attorney's Record

Will the information I send you remain confidential?
All disciplinary inquiries and proceedings are strictly confidential unless and until a formal petition of misconduct is filed.  This rule protects attorneys from public disclosure of allegations that may turn out to be meritless.  Proceedings are no longer confidential once Disciplinary Counsel files a petition of misconduct.
Will my lawyer find out about my complaint?
Unless good cause is shown to withhold the information from the respondent attorney,  Disciplinary Counsel will send a copy of the letter of complaint to the lawyer, requesting  a response.  A copy of that response is not provided to the complainant.
Can I tell my lawyer that I filed a complaint against him/her?
Yes.
Can I tell my new lawyer that I filed a complaint against my former lawyer?
Yes.
Can I find out if an attorney has been disciplined?
There are strict rules [Administrative Order No. 9 -http://www.vermontjudiciary.org/Committees/prbrules/prbao9.htm] defining what disciplinary information may be disclosed. Either the Office of Disciplinary Counsel or the Office of Bar Counsel can advise you whether the attorney has been the subject of an order of public discipline. Neither office can tell you whether the attorney has received private discipline or disclose the number of disciplinary complaints, if any, that have been filed against your attorney.  Rules of confidentiality require that neither office may tell you if there are any complaints against a particular attorney that are presently pending investigation.
 
 
Vermont Judiciary
modified 05.14.2008 13:27
 
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