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Kansas City Attorney Ethics & Judicial Conduct Defense Lawyers

The old saying about lawyers representing themselves never rings truer than it does in the context of an attorney accused of violating the Rules of Professional Conduct or a judge facing disciplinary action under the Code of Judicial Conduct. If you find yourself in this situation, you need counsel experienced in defending disciplinary actions to help you address the allegations as effectively and efficiently as possible. Our Kansas City attorney ethics & judicial conduct defense lawyers will help you assess your situation objectively and address it constructively.

Constructive Counselors Ready To Help You With Attorney Ethics & Judicial Conduct Defense

Many attorneys and judges wait to call us until a case has been formally docketed—assuming their own, informal response will nip the issue in the bud. But it can be difficult to respond effectively when you are close to the issue or when the allegations feel personal. Contact Joseph, Hollander & Craft’s Kansas City attorney ethics and judicial conduct defense lawyers as soon as you are made aware of a complaint. Our Kansas City attorney ethics & judicial conduct defense lawyers will help you assess your situation objectively and address it constructively.

Able Advocates

If an action is docketed, we can guide you through the process and present your best defense along the way. We will provide a candid assessment of your case and help you decide whether to defend on the merits, focus on mitigating the discipline imposed, or proceed with a combination of both. Joseph, Hollander & Craft’s Kansas City attorney ethics and judicial conduct lawyers are dedicated to achieving productive resolutions that balance the interests of the bench, the bar, and individual rights.

Trusted Advisors

In addition to assisting with disciplinary issues, our Kansas City attorney ethics defense lawyers provide guidance and assistance to attorneys regarding their initial admission to practice in Kansas and Missouri. Whether staff from the Kansas Disciplinary Administrator’s Office or Missouri’s Office of the Chief Disciplinary Counsel have already contacted you or you are concerned about a potential issue, it is important to seek legal advice early in the application process.

FAQs

Who can file a disciplinary complaint against an attorney?

There is no limitation on who can file a disciplinary complaint against an attorney. Most commonly, clients, former clients, or their family members file complaints. A judge who observes a violation of the rules of professional conduct may submit a complaint, as may another attorney.

Who can file a disciplinary complaint against a judge?

There is no limitation on who can file a disciplinary complaint against a judge. Most commonly, litigants, attorneys, and court staff file complaints.

Do I need to hire a Kansas City attorney ethics lawyer/judicial conduct attorney?

Your decision of whether to hire counsel for a disciplinary complaint or proceeding depends on the nature and seriousness of the allegations, the complexity of the rules at issue, and your personal circumstances. Financial considerations often weigh in the balance, too. Sometimes hiring counsel to assist with your initial response can prevent your case from progressing and save you money in the long run. Consultation with counsel may be particularly important when:

• A judge or lawyer has submitted the complaint against you
• You have disciplinary history
• You are facing more than one complaint and similar allegations arise in each
• The complaint alleges client funds were mishandled
• The complaint alleges criminal activity or sexual harassment/misconduct

How should I handle a disciplinary complaint?

If you have been formally accused of violating the Rules of Professional Conduct or the Code of Judicial Conduct, you should:

• Carefully review the allegations. Consider both the facts alleged and the applicable rules before preparing a response. Do not make assumptions based on your history with the complaining party.
• Take time to respond. Too often, we hear from clients that they rushed a response to a complaint because they were swamped with other work and believed the complaint to be meritless. This perspective can backfire, as it often leaves important points unaddressed or inadequately addressed—leaving the investigator no choice but to move forward with further inquiries, if not a full blown disciplinary action.
• Respond thoroughly. Fully address the pertinent facts and provide whatever documentary support you may have to support them (particularly if there is a factual dispute). The disciplinary investigator will only be working from the information provided by the complainant, so it is imperative that your response provide enough context to understand the full scope of the issue. Ensure the accuracy of your response by checking your file, your calendar, and whatever other records you may have that are relevant to the complaint.
• Respond respectfully. An emotional response—particularly one that is angry—will not serve you well. Even though a complaint against your license and career can feel personal, it is important to remain professional. Write your response as if it will become an exhibit in your disciplinary case (because that’s exactly what will happen if the complaint is docketed).
• Consult with an ethics defense attorney. It can be difficult to have an objective perspective on a complaint that may affect your livelihood. Experienced counsel like JHC’s attorney ethics and judicial conduct defense lawyers can help you determine what merit a complaint may have and how best to respond.

Am I eligible for the attorney diversion program?

To participate in the Kansas attorney diversion program, there must be an issue that can be cured or treated or a behavior that can be altered with sufficient education and attention. In addition, the attorney must stipulate that he or she violated a rule of professional conduct.

Diversion is not available in cases involving self-dealing, dishonesty, or a breach of a fiduciary duty. Prior discipline against an attorney usually, though not always, disqualifies an attorney from participating in a diversion program.

To participate in the Missouri attorney diversion program, the allegations must be of a minor nature, the lawyer must not pose a risk of harm to the public, and the program must be likely to benefit the attorney and able to be supervised.

The attorney ordinarily cannot participate in the diversion program if his or her misconduct is likely to result in imposition of discipline; involved misappropriation of client property; involved criminal activity; dishonesty, deceit, fraud or misrepresentation; was part of a pattern of conduct; or resulted in actual injury. Prior discipline is also a likely disqualifier.