Credit: studiostoks/Adobe Stock Providing Notice of a Specific Rule Violation in an Attorney Presentment
We think adequate, constitutionally sufficient notice in an attorney presentment should include the specific violations of the Rules of Professional Conduct
October 28, 2024 at 11:55 AM
3 minute read
CommentaryThe Statewide Grievance Committee only has authority to discipline a lawyer up to a reprimand. It does not have the authority to suspend or disbar a lawyer. That can only be done by the Superior Court, in a prosecution called an attorney presentment, which begins when Chief Disciplinary Counsel files a presentment complaint in Superior Court.
Attorney disciplinary proceedings regarding the misconduct are quasi-criminal in nature because a lawyer has a property interest in her license to practice law. In attorney disciplinary proceedings, adequate notice of the charges against her must be provided.
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