Complaints Against Lawyers And Judges - Warren County Bar Association (Page 2 of 5) in pdf

The Grievance Process

A grievance sent to the Disciplinary Counsel of the Supreme Court of Ohio

or to a local bar association's certified grievance committee will be

reviewed to determine whether the grievance alleges a violation of the

Code of Professional Responsibility or Code of Judicial Conduct. If there is

evidence that supports the allegation of a violation, the grievance will be

investigated. Following the investigation, if substantial, credible evidence is

found that a violation has occurred, a formal complaint will be filed with

the Board of Commissioners on Grievances and Discipline. A three-member

panel of the Board will review the complaint and determine whether

probable cause exists to certify it. If the complaint is certified by the Board,

a hearing is then held before a different three-member panel of the Board.

The panel considers the evidence and makes a recommendation to the full

Board of Commissioners. The full Board then makes a recommendation to

the Supreme Court of Ohio. The Court has final say on whether to

discipline an attorney or judge and what sanction should be administered.

A grievance is confidential until the Board certifies it as a formal complaint.

A grievance or complaint can be dismissed at any point in the process.

What Rules Do Ohio Lawyers and Judges Have to Follow?

All Ohio lawyers take an oath to effectively represent their clients without

compromise and conflict. The Supreme Court of Ohio regulates the conduct

of lawyers and judges through the Rules of Professional Conduct and a

Code of Judicial

Conduct. Ohio lawyers and judges must obey their oaths of

office and the rules outlined in the codes. These codes include ethical

standards that each lawyer must follow.

For example, an Ohio lawyer is not allowed to:



knowingly mislead or lie to a client or a court;



reveal a client's confidence or secret without the client's permission;



misuse or take money or property that belongs to a client;



settle, file or dismiss a case without the client's permission; and



repeatedly neglect a client's legal problems after the lawyer has agreed

to represent the client.

May I File a Complaint?

If you have an ethics complaint against an Ohio lawyer or judge for

violating a rule of professional conduct, you may report it for investigation.

When you file a written grievance, an investigation is made to determine if

the attorney or judge did or did not violate the ethical rules.

Where Do I File a Complaint?

An ethics complaint against a lawyer or a judge must be in writing and filed

with one of the following organizations:



an approved local bar association*

Complaints Against Lawyers And Judges - Warren County Bar Association Page 2

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