Statewide Bar Counsel
1.
What offices are involved in the attorney discipline
process? There are several offices involved in
the disciplinary process, all of which is overseen
by the Judges of the Superior Court.
Grievance Panels and Grievance Counsel Grievance
panels investigate grievance complaints to decide if there is probable
cause that an attorney is guilty of misconduct. These decisions are based on the Rules of Professional Conduct. Sometimes grievance
panels investigate matters and file complaints in their own name. Grievance Counsel help grievance
panels with their investigations. Every Judicial District
has a grievance panel made up of one nonattorney and
two attorneys who do not have offices in the
Judicial District. The grievance panel may hold a
hearing on the complaint as part of its
investigation, although this is rare. A copy of the
grievance panel's decision is
sent to the person who filed the complaint (known as the Complainant) within 140 days of the date the complaint was sent to the
panel.
The Statewide Grievance Committee and its subcommittees (known as reviewing committees).
The Statewide Grievance Committee holds hearings and decides grievance complaints if the local grievance panel finds probable cause, issues written
decisions, disciplines attorneys and orders them presented to the Superior Court when appropriate.
The Statewide Grievance Committee oversees the attorney registration process, the trust account overdraft process, the
trust account audit process and the attorney advertising review process, among other things. The Statewide Grievance
Committee is assisted in these matters by its legal counsel, the Statewide Bar Counsel’s Office.
The Chief Disciplinary Counsel’s Office If probable cause of misconduct is found in a complaint, the Chief
Disciplinary Counsel and assistant disciplinary
counsel pursue grievance complaints before the
Statewide Grievance Committee for a hearing. They
also prosecute serious grievance cases in the Superior Court. Disciplinary counsel may also file grievance
complaints.
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2. How do I file a grievance complaint?
Grievance complaints must be
filed on form
JD-GC-6, Complaint Against Attorney, which is
available at
http://www.jud.ct.gov/webforms/#GRIEVANCE.
Detailed instructions for filing the complaint
are on the form.
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3. Where do I file a complaint?
An original and
6 copies of the grievance complaint and any
attachments are filed with the Statewide Grievance
Committee, 287 Main Street, Second Floor, Suite Two,
East Hartford, CT 06118-1885. The Statewide
Grievance Committee does not accept grievance
complaints electronically. Complaints that are
e-mailed to the Committee will not be processed.
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4. What happens after the complaint is filed?
Once the file is accepted, the
staff of the Statewide Bar Counsel’s office
opens a file and assign the complaint a file number. The complaint
is then reviewed by an attorney
of the Statewide Bar Counsel’s office
together with an attorney and non-attorney member of
the Statewide Grievance Committee. This review
is to decide if the complaint will be
processed for investigation or dismissed without an
investigation
(“screened”). If it is processed for
investigation, the complaint is sent to the
grievance panel that covers the Judicial District
where the attorney’s office is located. If it
is screened, the Complainant may file a
written appeal, which will be considered by the
Statewide Grievance Committee. Complaints that do not comply with the Statewide Grievance Committee rules will be returned for correction.
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5. Why might a complaint be screened?
The
reasons why a complaint may be dismissed
without investigation are in
Section 2-32(a)(2) of the Connecticut Practice Book.
Common reasons include a complaint that is more than
6 years old, that does not
state a claim of misconduct; that does not allege
sufficient facts to warrant an investigation; that alleges
only a fee dispute or failure to pay a debt; or that only
alleges the name of a law firm instead of an individual attorney.
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6. Can the Complainant (the person who filed the complaint) respond to the attorney’s
answer? There is no rule
that allows a
response to an attorney's answer. The Complainant should
contact the grievance counsel, who represents the
investigating grievance panel, on this issue.
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7. What happens if the grievance panel decides that there is no probable cause of misconduct?
Unless the grievance panel concludes that a crime
was alleged in the complaint, the grievance
panel must dismiss the complaint if it does not find
probable cause. The decision is filed with the
Statewide Grievance Committee. The grievance
panel’s decision to dismiss is final and not subject
to review. If the grievance panel finds no
probable cause, but concludes that the complaint
alleged criminal conduct, then a reviewing subcommittee
of the Statewide Grievance Committee will review the
decision and either affirm the decision and dismiss
the complaint, or reverse the decision and find
probable cause. The Statewide Grievance
Committee does not review a grievance panel’s
decision that the complaint did not allege a crime.
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8. What happens if the grievance panel decides that there is probable cause
of misconduct?
All
decisions of a grievance panel finding that
there exists probable cause of misconduct are
referred to the Statewide Grievance Committee and to the Chief Disciplinary Counsel’s Office for
further action. The Committee has a
hearing that is open to the public. These hearings
are held by subcommittees of the Statewide
Grievance Committee known as reviewing committees.
The reviewing subcommittees are
made up of 2 attorneys and 1 non-attorney. Disciplinary counsel presents the case to the
reviewing committee at the hearing. The reviewing
committee makes the final decision on the grievance
or complaint. The final decision is in
writing.
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9. When will a hearing be scheduled?
A hearing
is usually scheduled within 90 days after
a grievance panel has found that there is probable cause
of misconduct. Written notice of the hearing will be
to the Complainant and to the attorney. The Complainant should contact the Chief
Disciplinary Counsel’s office regarding any
scheduling issues. Occasionally, a hearing is
postponed if a witness or the attorney is
unavailable, or if the parties need more time
to investigate the complaint or to try and reach an agreement.
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10. What happens if the complaint is dismissed after a
reviewing committee hearing?
If a complaint is dismissed by a
reviewing committee of the Statewide Grievance
Committee, there is no further review of that
decision.
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11. What discipline can be ordered?
The
reviewing committee must either dismiss the
complaint or discipline the attorney after the
public hearing. Common disciplinary orders
are: Conditions: A disciplinary order of the
Statewide Grievance Committee that an attorney
fulfill a condition within a certain timeframe.
The
Statewide Grievance Committee may order an attorney
to take continuing legal education courses, pay
restitution, take part in fee arbitration, pay an
assessment of costs, return a client’s file, submit
to audits by the Committee, or get medical,
psychological, or substance abuse treatment. The
Statewide Grievance Committee can reprimand an
attorney for ethical misconduct in addition to
imposing the above conditions. If the attorney does
not fulfill a condition in a timely manner, the
attorney may be brought before the Superior Court
for a presentment hearing. The Superior Court may
also impose any condition necessary to protect the
public. Section 2-37 of the Connecticut Practice Book.
Reprimand: A disciplinary order of the
Statewide Grievance Committee after it has found
that an attorney has engaged in ethical misconduct. A
reprimand can also be ordered by the Superior Court.
If an attorney receives more than 3 reprimands in 5
years, a presentment must be filed against the
attorney so the Superior Court can decide if more
serious discipline should be ordered. Section 2-37 and 2-47 of the Connecticut Practice Book.
Presentment: An order from the Statewide Grievance
Committee to the Disciplinary Counsel to file a
complaint against the attorney in the Superior
Court. The Court then holds a hearing to
decide if the attorney should be disciplined or if
the complaint should be dismissed. The Court
can order any discipline it decides is appropriate
to protect the public, including suspension and
disbarment. Any discipline imposed is placed
on an attorney’s permanent record and is disclosable
to the public. The discipline is
also published on the Judicial Branch website under
Grievance Decisions.
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12. What happens if the attorney is presented?
A
presentment is an order from the Statewide Grievance
Committee to the Disciplinary Counsel to file a
complaint against the attorney in the Superior
Court. The Statewide Grievance Committee can only
issue this order after a finding of clear and
convincing evidence of misconduct and when it
believes the court should impose a more serious
penalty than what the Committee has the authority
to do. The Court then holds a hearing to
decide if the attorney should be disciplined or if
the complaint should be dismissed. The Court can
order any discipline it decides is appropriate to
protect the public, including suspension and
disbarment.
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13. What if my complaint is about fees? If your
complaint is about fees, you may want to use the
Arbitration of Legal Fee Disputes fee arbitration process set up by
the Connecticut Bar Association. To get a copy
of the Rules for Arbitration of Legal Fee Disputes
and the necessary forms, please contact:
Connecticut Bar Association 30 Bank Street P.O. Box 350 New Britain, CT 06050-0350 Telephone: (860) 223-4400, Fax: (860) 223-4488
CBA Legal Fee Dispute Resolution

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14. Will filing a grievance complaint affect my civil or
criminal case? Our office cannot provide you with
legal advice about your civil or criminal matter. The filing of a grievance complaint does not
directly stop or affect any court proceedings. Your attorney may feel obligated to withdraw as your
counsel if you file a grievance complaint.
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