Professional Responsibility Board FAQ's What you should expect

What will happen with my complaint?

Your complaint will be reviewed by Disciplinary Counsel, who will evaluate whether there are any issues which could form the basis of a disciplinary inquiry. Generally, Disciplinary Counsel will send a copy of your complaint to the subject lawyer and ask for a response within 20 days. Once Disciplinary Counsel has this material, he/she will determine whether there is sufficient evidence to proceed with a fuller investigation. Eventually Disciplinary Counsel will pursue one of three resolutions:

1.    Dismiss the complaint, in which case Disciplinary Counsel will send to you a letter explaining the reasons for that decision.

2.    Refer the complaint to Bar Counsel for assignment to an Assistance Panel.

3.    Prosecute the complaint, either by hearing or through stipulation, before a Hearing Panel.

Will a personal interview be scheduled?

No. Personal interviews are rarely scheduled. However, the Disciplinary Counsel reviews every complaint that is filed.

Does Disciplinary Counsel contact you once you file a complaint?

Your relationship to the proceedings is akin to that of a witness, not a party. Disciplinary Counsel cannot give you any legal advice. However, should Disciplinary Counsel have additional questions concerning your complaint, he/she may call you.

Should I stop communicating with my attorney after filing a complaint against him/her?

You are not prohibited from communicating with your attorney after filing a complaint with the Office of Disciplinary Counsel. Indeed, it may be necessary to consult with your attorney as long has he or she continues to represent you.

Will I get a hearing?

Not necessarily. Complainants are witnesses in proceedings brought by Disciplinary Counsel, they are not parties, and have no right to seek a hearing. Most disciplinary cases are resolved without hearings.

Who will make the decision on my complaint?

Disciplinary Counsel. There are generally three possible resolutions of your complaint: filing charges, dismissing the case, or referral to an Assistance Panel. You will be notified in writing as to the Disciplinary Counsel’s decision and the basis for it.

How long will this take?

The time it takes to complete action on a disciplinary complaint varies widely. If a complaint is dismissed after screening, the complainant may be informed within a short time. Any action that leads to an investigation or the imposition of discipline will take much longer. Matters which go through formal charges can take more than a year to reach a final disposition.

Do I have the right to attend any disciplinary hearing that might be held in connection with my complaint?

If your complaint becomes the subject of formal charges brought by the Disciplinary Counsel, you have a right to attend the proceedings. At that stage of the process, the matter is public. Keep in mind that a complainant is not a party to the disciplinary proceedings. The parties are the Office of Disciplinary Counsel and the Respondent.

What will be expected of me?

You will be expected to:

Cooperate with the investigation of your complaint by answering all questions Disciplinary Counsel or investigators ask of you.
Keep Disciplinary Counsel informed of changes of address or telephone numbers.
Report any major changes in the situation which led to your complaint (example: if the lawyer contacts you to resolve the issues you have raised or if there are major developments in your underlying case).

If your case goes to a hearing, you may be required to testify truthfully in support of your complaint and may be subpoenaed for this purpose.

What should I expect?

Complaints are not dismissed lightly, nor are they prosecuted without justification. The protection of the public is paramount in considering every complaint filed.

You may expect:

A prompt reply from the Office of Disciplinary Counsel acknowledging receipt of your complaint.
A fair and impartial review of the information gathered from you as well as from the lawyer. Whatever independent investigation may be necessary in order to establish the facts will also be conducted.
As speedy a disposition as possible of your complaint. Depending on the complexity of the matter, this can take from a few weeks to a year or longer, especially if a complaint goes to formal charges.
To be called as a witness, if necessary, and to provide additional information for the investigation of your complaint.

Even though a matter is resolved between you and your attorney, your continued cooperation may be necessary to discipline the attorney.

Disciplinary action, commensurate with the offense, against any lawyer found to have violated the Rules of Professional Conduct.

Advice concerning where you may go if the subject of your complaint does not fall within the jurisdiction of the Board.

Regardless of the eventual disposition, you will be informed as to what happens.

What should I not expect?

You should not expect the Office of Disciplinary Counsel, Bar Counsel, the Board, or any other agency of the Professional Responsibility Program to provide legal services or advice or to obtain money damages.
You should not expect Disciplinary Counsel or Bar Counsel to assist or advise you as to which lawyer you should hire. If you wish to be referred to a lawyer, you might contact the Vermont Bar Association at 1-800 639-7036 a Lawyer Referral Service. The lawyers at the Office of Disciplinary Counsel do not and cannot represent you personally in the matter of which you complain.
If you are incarcerated, neither Disciplinary Counsel nor Bar Counsel has the authority to seek to reduce or extinguish any period of confinement or probation imposed or to award credit for time served. You will not be released from any sentence you have received with the Department of Corrections.
You should not expect the Office of Disciplinary Counsel to require a lawyer to take any action which you wish him or her to take. The lawyer is ordinarily responsible for technical and legal tactical which should be discussed with the client. The client has the ultimate authority to determine or limit the purpose served by the representation, as long as that purpose does not violate the law or the Rules of Professional Conduct. For instance, a lawyer may not file frivolous motions in court, harass another party, participate in any criminal or fraudulent activity, or present a witness whose testimony he knows to be false. A lawyer must withdraw from representation if the representation will result in a violation of the law of the Rules of Professional Conduct.

Do I need a lawyer to file a complaint?

No, but you may hire one if you choose to. Most complainants do not.