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 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."