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An accusation that you have violated the Rules of Professional Conduct or the Code of Judicial Conduct can be shocking and upsetting—especially if you have never faced such a claim before. When you realize you have limited time to respond, panic may set in. Don’t let it overwhelm you, and don’t feel like you are alone. Contact Joseph, Hollander & Craft’s Overland Park attorney ethics and judicial conduct defense lawyers for an objective assessment of your situation and practical advice regarding how to handle it.

Counselors During the Complaint Response Process

Kansas rules of professional conduct require lawyers and judges to cooperate in the investigation of any complaint against them. Cooperation starts with a written response to the initial complaint. The process is relatively informal, but it is very important. A comprehensive response that addresses the facts and the issues raised can prevent the process from going any further or limit the scope of any subsequent proceedings. Meanwhile, you might regret a flippant response as it will be an exhibit against you if a formal hearing results.

Many attorneys and judges struggle to put their best position forward in an initial response simply because they are too close to the issues. Their familiarity with the situation clouds their ability to address the complaint to the satisfaction of an investigator who only knows the complainant’s side of the story. JHC’s Overland Park attorney ethics and judicial conduct defense lawyers can review the complaint and help you craft a thorough response. We will advise you regarding the key issues to focus upon and what to expect moving forward.

Advocates During Formal Disciplinary Proceedings

Once a case is docketed, you will need to determine whether you want to defend the case on the merits or acquiesce to discipline with a hope for leniency. While your job requires you to make similar assessments for clients every day, it can be much more difficult when your own license or career are on the line. Not to mention, you need to focus on your day job even when you are dealing with a case of your own. JHC’s Overland Park attorney ethics and judicial conduct lawyers make your case their job. We will work with you to examine available defenses and offer the unemotional advice you need.

Advisors During the Application and Admission Process

JHC’s Overland Park attorney ethics and judicial conduct attorneys also advise and assist attorneys with applications to practice law in Kansas and Missouri. If you are concerned about your application or the Disciplinary Administrator’s Office has contacted you about your application, it is important to seek legal advice from qualified counsel.

How Our Overland Park Attorney Ethics & Judicial Conduct Defense Lawyers Can Fight for You

With years of experience defending Kansas lawyers and judges, we are familiar with disciplinary procedures as well as the individuals involved in the disciplinary process. We know what to expect and use our unique perspective to guide you through the process.

Call Our Overland Park Attorney Ethics & Judicial Conduct Defense Lawyers For Help

Let JHC’s professional legal responsibility, ethics, and disciplinary attorneys help you. Call us today.

FAQs

Do I have to tell my clients that I have a pending disciplinary case?

There is no obligation to tell clients that you have a pending complaint, investigation, or formal disciplinary proceedings. It is common, however, during renewal of bar registrations and malpractice insurance for there to be questions that would require disclosure. Read those questions carefully to ensure complete and accurate responses.

What is involved in the Kansas attorney diversion program?

The diversion program comes into play after there is a probable cause determination by the review committee. It is an alternative to disciplinary action. Participation is a privilege, not a right, and the attorney must meet the eligibility requirements: no prior disciplinary history, the violations do not involve dishonesty or stealing. The goal with the diversion program is to protect the public by improving the respondent’s professional competency, law office management, education, or other rehabilitation measures. A diversion agreement is an executed agreement with the Office of the Disciplinary Administrator with stipulations to facts and rule violations. The terms and conditions are tailored to the specifics of the case.

Is the disciplinary hearing public?

The default rule is that disciplinary hearings are open to the public for anyone who wishes to attend in person to observe. Client information is usually referred to with letters or partial name to preserve confidentiality. The Panel could close all or part of the hearing upon a motion by one of the parties if there exists justification to protect highly confidential or sensitive information from public view.

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