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Experts say getting representation to defend an attorney discipline case is wise, but many lawyers don't heed that advice.

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For attorneys facing disciplinary action, the process can be daunting—even for litigators—and especially for first-time respondents. Former attorney-prosecutors say all defendants need legal counsel. They say in order to win in the grievance-complaint maze, attorneys in the hot seat must follow important steps.

A key part of the process: being contrite and acknowledging wrongdoing. In defending themselves against allegations of wrongdoing, some attorneys feel the need to pin blame on their accusers. But that almost never goes over well with tribunals entrusted with protecting the profession and public interest, according to three experts who prosecuted lawyers or defend them before Connecticut's grievance committee.

David Atkins David P. Atkins. Courtesy photo

"An attitude of humility is important," said David P. Atkins, a member of Pullman & Comley's litigation department and head of its professional liability section. "Do not blame the complainant because that can backfire and be disastrous."

Atkins said "in a case where it's a close call," being contrite could mean the difference between dismissal of the case or further prosecution.

Former First Assistant Chief Disciplinary Counsel Suzanne Sutton agrees.

"You need to acknowledge your own part in the grievance," said Sutton, who spent about nine years prosecuting attorney discipline cases before joining Cohen & Wolf as a member of its legal ethics, litigation and bankruptcy groups. "The disciplinary authorities will appreciate that, and take that into consideration."

The majority of complaints against attorneys stem from allegations of inattentiveness to clients, fee disputes, poor or miscommunication, discrepancies in Interest on Lawyers Trust Accounts, and other general misconduct. A Connecticut Law Tribune review of attorney discipline cases before state grievance panels from January 2014 to August 2019 found there were 317 violations for Rule 1.5, which involves safekeeping property, and 453 violations for misconduct, or Rule 8.4. Most cases do not involve criminal offenses which, the experts say, are hard to fight against.

Be prepared, be honest

"The panel wants a complete description of the history of the representations," Atkins said. "But, at the same time, they do not want to be flooded with every single piece of paper from a lawyer's file. It's important to balance, and that's where we come in."

Suzanne Sutton, of counsel for Cohen & Wolf Suzanne Sutton, of counsel for Cohen & Wolf

While many attorneys will be agitated and emotional for being singled out for a grievance, it's important those emotions don't seep into disciplinary hearings, said Mark Dubois, former chief disciplinary counsel. That's often easier said than done, though, concedes Dubois, who now defends attorneys through his private practice at New London-based Geraghty & Bonnano.

"It's really hard to do your own defense work," said Dubois. "If you file on your own, those feelings of anger and frustration will show in the papers you file. Have another attorney, at the minimum, look over the papers. While your feelings might be appropriate and valid, they have no place in legal proceedings."

Dubois continued: "Be totally prepared. Be honest, and don't be emotional."

Another important step for defendants: Address the grievance immediately.

"When attorneys get that letter, it's usually the last thing they want to deal with," Sutton said. "It's personally difficult, and many times it's an older file that you need to research. It's time-consuming and emotionally difficult, but it's important to stay in front of it all."

The good news for lawyers: Most complaints, about 80%, are dismissed, Dubois said.

"You have laypeople filing papers, and lawyers filing papers," Dubois said.  "And the lawyer will do the better job."

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