by Gretchen Mote, Ohio Bar Liability Insurance Company
Even good attorneys can have a grievance filed against them by a disgruntled client.
If an attorney receives a letter of inquiry from the Office of Disciplinary Counsel or Certified Grievance Committee indicating a grievance has been submitted, it is very important that a timely reply be sent responding to the issues in the grievance and providing relevant information. If no substantial credible evidence of misconduct is found at this stage, the grievance is dismissed. If the grievance is not dismissed at this stage, it will proceed to a Probable Cause Panel of the Board of Professional Conduct.
The grievance is not public up to this point. If probable cause is found, the complaint becomes public and it proceeds to the Board of Professional Conduct. If an answer is filed, disciplinary hearings are conducted by a three-member panel of the Board of Professional Conduct and they recommend to the full Board whether or not a violation has occurred.
The full Board will then make a recommendation to the Ohio Supreme Court for an appropriate sanction. The case is filed with the clerk of the Ohio Supreme Court, which then conducts oral argument and renders a decision. Click here for information about the disciplinary system.
While there is no requirement that an attorney retain counsel to defend a grievance, having counsel is usually a good idea. The counsel retained for this should have experience defending attorneys through all stages of the disciplinary process. It can be especially important to have counsel when drafting the initial response letter and to ensure full cooperation in the investigation.
If your lawyer’s professional liability insurance policy provides disciplinary coverage, it will likely provide some level of coverage for attorneys’ fees and costs incurred in responding to a grievance or formal complaint. This coverage may not be subject to a deductible, which means that you have the benefit of having counsel to defend a grievance, up to the specified amounts per policy period, without any additional cost to you.
Disciplinary defense coverage can provide peace of mind knowing that if a client should file a grievance, you will have counsel to help you through the disciplinary process.
OBLIC policies provide disciplinary coverage. If you are interested in applying to OBLIC, see our 6 Easy Steps to Apply for LPL Insurance.
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