In its recently released decision in Disciplinary Counsel v. Elder, the Connecticut Supreme Court did the bar of this state a great service by quite properly ending the risk that an attorney facing a grievance complaint could end up defending an ancient claim made impossible to defend by the passage of time.

The appellant in that case challenged the trial court's decision in a presentment action on the grounds that the Statewide Grievance Committee should have dismissed the complaint against him, because it was barred by the statute of limitations.

At issue was the Practice Book rule that provides in pertinent part that the Statewide Grievance Committee “shall, if deemed appropriate, dismiss the complaint … [if] the complaint alleges that the last act or omission constituting the alleged misconduct occurred more than six years prior to the date on which the complaint was filed.” The conduct giving rise to the grievance against the appellant took place some 10 years before the complaint, and the limitation period had not been tolled by active concealment, a continuing course of misconduct or any of the other grounds recognized by the rule.