September 8, 2009

Dealing with Professional Misconduct Complaints

• September 8, 2009
• Publication: The Daily Record
• Related Attorneys:
• Related Practice Areas: Professional Ethics & Discipline

You receive a letter from the disciplinary or censing board, the group that authorizes you to practice your profession. Your heart begins tobeat quickly, your face pales and you experience extreme anxiety.

Some attorneys' knee-jerk reaction is to answer the inquiry immediately, Many others bury it under a pile on their desk and attempt to put it out of their mind while waiting as long as possible to even consider drafting a response. Both courses of action - or non-action - can be reckless and riddled with repercussions.

Disciplinary boards are charged with the responsibility of reviewing the facts and making an initial determination as to whether the complainant has grounds for claiming professional mnisconduct. To obtain an immediate dismissal of the complaint because it is unfounded or frivolous would certainly be the preferred result.

Disciplinary boards are charged with the responsibility of reviewing the facts and making an initial determination as to whether the complainant has grounds for claiming professional misconduct. To obtain an immediate dismissal of the complaint because it is unfounded or frivolous would certainly be the preferred result.

If the allegations on the face of the complaint reveal professional misconduct, legal counsel familiar with the disciplinary process should be immediately engaged.

Even if the allegations do not reveal substantive professional misconduct, certain tasks are essential to the preparation of a well-executed response.

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