As an attorney, you hold yourself to high ethical and professional standards. Unfortunately, even the most diligent lawyers may find themselves facing a bar complaint. Whether it’s the result of a misunderstanding, a dissatisfied client, or an oversight, a bar complaint can feel like an assault on your reputation and livelihood.
A bar grievance is a serious matter, but it doesn’t have to define your career. Here’s what you need to know about navigating the process — and why even lawyers can benefit from experienced representation when so much is at stake.
In North Carolina, the NC State Bar serves as both the regulator of the legal profession and the gatekeeper of ethical standards. It’s up to the Grievance Committee to investigate complaints to determine whether a material violation of the Rules of Professional Conduct has occurred.
Upon receipt of a complaint, the State Bar typically initiates a multi-step process:
At every stage, how you respond can significantly impact the outcome.
Whether you anticipate the complaint based on a challenging client interaction or it takes you by surprise, the most important first step is to remain calm. You will need to address the grievance in a timely way, but it’s critical to gather your thoughts before firing off any sort of response.
It may seem elementary, but read the complaint carefully and take the time to understand the allegations, what is being asked of you, and important filing dates.
If you haven’t already done so, identify and secure any materials that support your position. Be thorough to avoid gaps in your evidentiary record — too much information is a much better problem than not having enough.
As much as the grievance may feel like the product of a simple misunderstanding, do not contact the complainant personally. Any such attempts may be misinterpreted or used against you, making an already difficult situation worse.
Once a grievance has been filed, it cannot be withdrawn. Protect your position by going through the proper channels and following procedure to the letter.
Even an accomplished surgeon wouldn’t try to remove their own gallbladder. You may have years of experience navigating litigation and administrative processes, but representing yourself in a bar complaint can lead to missteps.
When you are your own defendant, it’s understandably difficult to remain objective and strategic in your thinking. It’s entirely normal and reasonable to have a strong emotional response to your grievance, but it’s important to recognize how your legal strategy can suffer as a result.
Perhaps most importantly, unless you yourself are an experienced professional license defense attorney, it’s unlikely that your own defense will fall within your niche. Bar investigations are quite different from traditional litigation proceedings. A lawyer who understands the inner workings of the State Bar and Grievance Committee from a defense perspective will add tremendous value to your case.
Once the investigative process is underway, you’ll need to prepare a response to the grievance. Address each allegation point by point and back your statements with evidence, whether it’s correspondence, client agreements, or billing records.
While you should engage respectfully with investigators, remember that you are not obligated to over-share or speculate. Communicating through your attorney is the best strategy for ensuring that you are upholding procedural standards while protecting yourself.
In certain cases, your attorney may recommend that you take proactive measures, like taking CLE courses or implementing internal policy changes, during the investigative stage. Moving quickly to make relevant improvements can lead to a better outcome.
Once the investigation is concluded, the State Bar has the discretion to take a range of actions, from:
If the outcome is unfavorable, you may have grounds to appeal or negotiate alternative resolutions. In these situations, your attorney will be instrumental, and you’ll be in a much better position if they were already involved in the initial investigation.
You don’t have to take on the State Bar alone. A proactive approach to your defense and strict adherence to procedural requirements will allow you to defend your reputation vigorously when it matters most.
