As with other professional groups, attorneys sometimes experience disagreements among themselves, though a dispute regarding billing or the outcome of legal cases does not always amount to allegations of professional misconduct by one lawyer.
Complaints against lawyers typically go to a grievance committee composed of both lawyers and nonlawyers who volunteer their time in investigating and resolving complaints against attorneys.
New Jersey Supreme Court
The Supreme Court of New Jersey serves as the final arbiter in cases brought before it, rendering judgment based on justices’ interpretation of Constitution, state statutes and common law.
The Supreme Court of Kentucky is made up of six associate justices and a chief justice appointed by the Governor and confirmed by the Senate following a seven-day public notice period. Justices serve an initial seven year term before becoming eligible for reappointment until reaching age 70.
Attorney General of Maryland serves as the state’s legal representative, representing both the Office of Governor and many Executive Branch agencies as well as acting as “sole legal counsel” for most departments and offices. Lowenstein Sandler litigation team lawyers have held positions within two governor’s administrations as well as overseen ethical issues for some of state agencies.
New York State Bar Association
The New York State Bar Association is a voluntary organization that oversees the practice of law in New York state. Comprised of various committees that focus on specific legal issues, this voluntary body also operates a lawyer referral service for members of the public as well as discounted rate Continuing Legal Education seminars and publications for attorneys who join. Attorney members also get access to malpractice insurance as well as Westlaw subscriptions.
Rebecca Murphy joined NYSDA in September 2019 as Library Operations Supervisor and Legal Research Support Provider. With a Masters of Library Science from University of Albany and over 16 years’ experience working libraries in various capacities.
Kimberly A. Lewis practices family, estate and corporate law at Hinman Howard & Kattell. A member of Women in the Law Section where she collaborates on Youth Law Day programs as well as task forces focused on well-being within legal profession.
New York State Courts
New York State Courts consist of the Supreme Court, Appellate Division and County Courts. Furthermore, the New York State Attorney General protects legal rights of people in New York as well as organizations and natural resources within its borders.
The Appellate Division is the state’s second highest court, composed of four judicial departments and charged with reviewing civil appeals from City and District courts as well as non-felony criminal appeals from County Court.
Judicial Departments vary greatly in their disciplinary rules that regulate attorney conduct. Judicial Law Section 90 grants each appellate department authority to discipline attorneys; censure, suspend or even remove them from practice under certain conditions. Anecdotal evidence suggests that uniform rules would benefit all parties involved – for instance the Southern and Eastern District Courts have joint disciplinary rules which ease lawyer discipline across jurisdictions while saving time and expense for judges, attorneys, clerks.
Grievance Committees
Grievance committees are volunteer citizen panels operating in each of Florida’s 20 judicial circuits and reviewing complaints submitted to them by Bar Counsel for review, with a similar function to grand juries: to decide if there appears to be probable cause that an attorney violated professional conduct rules imposed by the Supreme Court of Florida and whether discipline against them may be warranted.
The committee can either close the file, send it for remedial programs to determine whether there is evidence of misconduct, refer it to a hearing panel, or submit it directly to disciplinary boards for adjudication.
The committee must meet at least once annually in person, although teleconferencing meetings may also take place if too many grievances require its consideration. Parties who come before it may bring advisors or attorneys.