I am a young attorney who will be representing my law school friend in an attorney disciplinary trial. How should one prepare for such a case?
Samuel C. Stretton.
Attorney disciplinary trials are different from normal civil trials. These are called quasi criminal cases. There is no real discovery. Disciplinary Counsel has certain subpoena powers, but on the whole, there is little discovery. There is a prehearing conference where the parties must exchange exhibits and witnesses. If there are any documents or exhibits that the respondent doesn’t have, these can be asked for at the prehearing conference. The hearing examiner can order the Office of Disciplinary Counsel to produce documents and the hearing examiner can also order the eespondent to do so. Usually, the Office of Disciplinary Counsel and the respondent can reach agreements and share exhibits prior to the prehearing conference.
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