URGENT NOTICE TO ALL ATTORNEY ETHICS COMPLAINANTS (MORE, CLICK HERE)

URGENT NOTICE TO ALL ATTORNEY ETHICS COMPLAINANTS

Many people who have tried to file disciplinary complaints with the first Department Disciplinary Committee, and other New York State grievance committees, have been stymied by the response that the committee complained to “does not”, “can not” or “declines to” consider the complaint because the complaint involves parties and counsel that are in the midst of litigation.

This response is in direct contradiction to the Rules of the Uniform Courts regarding this matter.

According to the Rules of the Uniform Court, the Committee “need not” defer consideration of “allegations which are substantially similar to the material allegations of pending criminal or civil litigation need not be deferred pending determination of such litigation.”

The term “Need Not” means that the litigation status of the matters at issue is not a sufficient or necessary basis for deferring the complaint. Unless further justification is provided for deferment of a complaint, the committee is simply saying you that it is deferring the complaint for no particular reason.

The real reason for deferring a complaint is generally to protect the lawyers who are being complained about.

If anyone has had their complaint deferred solely due to its litigation status, they should file a complaint stating that this explanation is insufficient and demanding a valid reason for the deferment.

§ 605.9 Abatement of Investigation
Matters Involving Related Pending Civil Litigation or
Criminal Matters.

General Rule. The processing of complaints involving material allegations which are substantially similar to the material allegations of pending criminal or civil litigation need not be deferred pending determination of such litigation.

SEE:  http://www.courts.state.ny.us/courts/ad1/part605.shtml
(submitted by a concerned viewer, and not intended to be legal advice)