Topeka Attorney Ethics & Judicial Conduct Defense Lawyers

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Topeka Attorney Ethics & Judicial Conduct Defense Lawyers Here to Represent You

Your go-to lawyers for lawyers, Joseph, Hollander & Craft represent judges, private practitioners, and in-house counsel in all matters related to the Kansas Rules of Professional Conduct and the Kansas Code of Judicial Conduct. Steadfastly committed to the Kansas legal community, we aim to offer Kansas attorneys and judges superior representation in actions before the Kansas Board for Discipline of Attorneys and the Commission on Judicial Conduct.

Trusted Advisors to Topeka Attorneys and Judges

Receiving notice of an ethics complaint can be unnerving. Perhaps it is completely unfounded. Or perhaps it is meritorious. In either situation, you are obligated to respond and explain. It proves challenging for many attorneys and judges alike—whether due to lack of time to devote to the response (make the time!) or shame about the conduct at issue. Many attorneys and judges prepare lengthy responses but don’t realize they have failed to address critical facts or issues—simply because they are too close to the matter to view it from an objective perspective.

JHC’s Topeka attorney ethics and judicial conduct defense lawyers help attorneys and judges at this initial stage of the disciplinary process by identifying the key issues and preparing robust responses to address them. We can help when the complaint has no merit, as this is the stage to stop the proceedings from going any further. And we can help when it looks like you will be facing formal proceedings as well. The manner in which you respond to a meritorious allegation can say a lot about you and have a significant impact on the ultimate discipline imposed. It should be thoughtfully crafted with the assistance of knowledgeable attorney ethics and judicial conduct defense attorneys.

Your Defenders During Disciplinary Proceedings

If a case is docketed by the Office of the Disciplinary Administrator or Commission on Judicial Conduct, our Topeka attorney ethics and judicial conduct defense lawyers offer representation throughout the process—from the answer, through the formal hearing, and on to the Kansas Supreme Court if necessary. We jump into action to help our clients formulate a defense plan suited to their case—whether it involves extensive opposition to factual allegations and legal theory or focuses on mitigating the sanctions to be imposed. We help clients and the regulatory authorities consider the practical ramifications of available options at an individual level as well as how certain rulings may be broadly applied to the legal profession.

After years of defending Kansas lawyers and judges, our Topeka attorney and judicial professional responsibility lawyers are familiar with the procedures involved in the disciplinary process as well as the people who carry them out. We can advise you regarding what to expect and offer guidance based on experience.

Advisors and Advocates for Bar Applicants

We don’t just defend practicing lawyers and sitting judges, we counsel applicants to the bar as well. If you are concerned about your initial application in Kansas or Missouri, JHC’s Topeka attorney ethics and judicial conduct attorneys can help.

If you need assistance with a license or disciplinary issue, call JHC’s professional legal responsibility, ethics, and disciplinary attorneys today.

FAQs

How are investigations into complaints against attorneys and judges handled?

Investigations of attorney complaints are conducted by a member of the bar. Investigations of complaints regarding judges are undertaken by the Examiner (also an attorney). The investigation usually involves an interview of the complainant and the respondent attorney or judge. The investigation may also include interviewing other attorneys or judges. Sensitive to the confidential nature of the investigations, most investigators will not engage in scorched earth tactics, but only interview and reveal information that is necessary to facilitate the investigation. There is a duty to cooperate with the investigation.

What is the process after responding to an attorney complaint?

The investigator will most likely interview you. If there are factual disputes, the investigator will be gauging your credibility, honesty, and transparency. The investigator may be evaluating your responsiveness and organization. You will want to put your best foot forward with the investigator. Many of the investigators for attorney ethics are volunteering their time, so make their job easy where you can. Once the investigation is complete, the case will be presented to a committee or panel that reviews the file and directs what action should occur.

How can I avoid a published decision from the Kansas Supreme Court?

For attorneys, after formal disciplinary proceedings the case will proceed to the Kansas Supreme Court unless the panel recommends informal admonishment. This includes if the panel recommends probation. The system isn’t set up for negotiation to “meet-in-the-middle” and settle the dispute for a mutually agreed disposition. The Kansas Supreme Court is vested with the authority to decide the discipline to be imposed.

For judges, the avenues of admonishment and cease and desist orders are the only resolutions that avoid review and a published decision from the Kansas Supreme Court.

How should I respond to an ethics complaint?

The first step is to open and review the complaint along with the instructions.  This may be simple for some, but it is a challenge for many.  Be sure to meet the deadline to respond or timely coordinate an extension if necessary. Don’t underestimate the importance of the response. Every complaint deserves your careful attention to detail and thoughtful response. The defense strategy begins at this early stage. Familiarize yourself with the procedure that applies as well as the relevant substantive rules or canons.

Face difficult or troubling facts honestly. Attorneys and judges alike can recover from most professional missteps, but maintaining your credibility is key to doing so. Deceit, dishonesty, and misrepresentation can be fatal to your career.

Consider if supporting documentation would bolster your written response. If you are not represented by an attorney, ask a colleague you trust to be a sounding board to help guide you to analyze the issues and provide a professional response.

It is prudent to reflect more globally on your practice to identify areas you can improve and decrease the risk of future complaints. Immediate action to fix problems at your office may be a mitigating factor the panel considers when deciding whether to impose discipline and what discipline to impose.