How Does A Boston Personal Injury Lawyer Get Sanctioned?

In Massachusetts, and all over the country for that matter, the legal profession is held amongst the highest of standards. If you’re an officer of the court, you need to be trusted with maintaining ethical and legal considerations as a means to instill trust in the justice system. Massachusetts has a structured process overseen by the Massachusetts Board of Bar Overseers, or the BBO, in conjunction with the Office of Bar Counsel, no acronym. These two organizations are responsible for ensuring that attorneys are on the up-and-up as they practice law. How they do that is a complicated and specific process worth learning about. 

Filing a Complaint

It all begins with a complaint. Since we don’t yet live in a Big Brother surveillance state, the way to expose unethical or illegal practices is usually through filing a complaint. A client, another attorney, a judge, or a witness that believes that an attorney has violated the Massachusetts Rules of Professional Conduct will file and submit a complaint to the Office of Bar Counsel. Once the complaint has been received, the Office of Bar Counsel reviews it and determines whether it falls within their jurisdiction and whether it reaches a potential violation of ethical rules. Not every complaint leads to an investigation, so it’s wise to make sure all evidence and documentation is strong enough to warrant further action.

Investigation by the Office of Bar Counsel

If the Bar Counsel finds that the complaint warrants investigation, what’s known as a preliminary review is opened. This involves officially requesting a response from the attorney in question, gathering evidence, and beginning the interview process. If the preliminary 

If the Bar Counsel determines that the complaint warrants further investigation, a preliminary review is conducted. This might involve requesting a response from the lawyer in question, gathering additional evidence, or interviewing witnesses. If the preliminary review suggests serious misconduct, the Bar Counsel may proceed with a formal investigation.

The formal investigation is where things really get cooking. At this stage, the Bar Counsel has the authority to issue subpoenas, which compel subjects of the investigation to produce all relevant documents and deliver testimony during deposition. The attorney that is the focus of this investigation has the right to representation in order to present their side of the story. 

Resolution Without Formal Charges

Just because there’s a serious investigation doesn’t mean that there will be any findings serious enough to lead to formal disciplinary proceedings. They may find no cause or it may be minor and require alternative solutions. For instance, the attorney might be compelled to join a diversion program that offers education, treatment, or monitoring instead of an official finger-wagging. Admonition is also an option. This is the “you’re in big trouble and you need to shape up or ship out” kind of official talk. It’s basically a big, bold warning. This is considered a form of discipline, but between that and sanctions, it’s a slap on the wrist. 

Formal Disciplinary Proceedings

After the formal investigation, if serious misconduct is found, we move into Formal Disciplinary Proceedings (thunder sounds). The Bar Counsel will file a Petition for Discipline with the BBO, which is comparable to a formal charge and outlines the specific violations of the ethical rules the attorney is alleged to have committed. Once that is filed, the case moves to a Hearing Committee. 

Typically consisting of three members (two lawyers and one non-lawyer). These hearings are much like a trial where evidence is presented, witnesses called, and the attorney in question is allowed representation in order to defend themselves. This is the due process that attorneys alleged to have committed misconduct are entitled to in this country. 

At the end of the hearing, the Committee issues a report with their findings and recommendations for disciplinary action, if they find cause. The consequences range from dismissal of charges to suspension or even disbarment. This report then moves to the BBO where they will affirm or dismiss the findings. If the attorney disagrees with the outcome, they are free to appeal to the Massachusetts Supreme Judicial Court. 

Appeal and Review

In this country, we have an appeals process. The BBO reviews the findings of the Hearing Committee where they can adopt, modify, or reject the recommendations. This extra layer of oversight ensures that the disciplinary action is fair and appropriate. 

But it doesn’t end there. If the attorney disagrees with these findings, they can appeal to the Massachusetts Supreme Judicial Court, the highest court in the state with final say on all disciplinary matters. A Lawrence personal injury lawyer had his sanctions lifted after the appeals process. It is possible to succeed in an appeal, though it takes time. 

Types of Sanctions

If sanctions against an offending attorney are final, they can take a variety of forms: 

Admonition: A private reprimand for minor misconduct.

Public Reprimand: A formal, public reprimand that becomes part of the lawyer’s professional record.

Suspension: The lawyer’s license to practice law is suspended for a set period, during which they cannot practice law.

Disbarment: The most severe sanction, where the lawyer is permanently prohibited from practicing law in Massachusetts.

Probation: The offending attorney may be allowed to continue practicing under certain conditions, such as supervision or continuing education.

Enforcement and Reinstatement

Once a sanction has been imposed on the offending attorney, they must comply with all requirements. This involves notifying the courts and their clients that they have been suspended or disbarred. Failure to comply can result in harsher penalties. 

After a certain period, if their behavior has been demonstrably good and they demonstrate rehabilitation and competence, the attorney may be reinstated. This is another process that includes a thorough review, often a hearing as well, to make certain that the attorney is fit to continue practicing law. The BBO and SJC carefully examine whether the attorney has addressed the issues that brought about their sanctions. 

A Structured Process for Accountability

Massachusetts handles the sanctioning of attorneys through a very detailed and structured process to hold those who break ethical rules accountable for their actions. Because trust in the legal system is so paramount to our society, it’s crucial that practicing attorneys are held to the highest of standards. While this strict level of accountability is essential, it’s also important to make sure that the process is fair and appropriate. Attorneys have that opportunity to defend themselves against accusations. Protecting the public from unethical practices by attorneys and maintaining integrity in the legal profession is what keeps our trust in the justice system alive.

Mike

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