attorney misconduct Archive

Responding to a Grievance, Part 3: Recommendations for Responding

In this 3-part discussion, Geoffrey Stern, former Ohio Disciplinary Counsel, explores grievances and how to respond to them. In Part 3, he gives step-by-step recommendations for what to do after receiving a grievance: First, open the envelope containing the grievance and the Letter of Inquiry. A response date is contained in the letter. While it […]

Responding to a Grievance, Part 2: Times for Investigation

In this 3-part discussion, Geoffrey Stern, former Ohio Disciplinary Counsel, explores grievances and how to respond to them. In Part 2, he details the timeframe for investigating grievances: While there are time limits in place to guide an investigation, they are fairly flexible. After receiving a grievance, the ODC or CGC has 60 days from […]

Responding to a Grievance, Part 1: What is a Grievance?

In this 3-part discussion, Geoff Stern, former Disciplinary Counsel, explores grievances and how to respond to them. In Part 1, he explains what grievances are and how they come to be: Simply put, a grievance is a complaint against a lawyer. It may involve a complaint of unethical conduct, but frequently it may also be […]

Reporting Attorney Misconduct: The “Fitness as a Lawyer” Factor

View Part 1. View Part 2. In this last part of a series about reporting misconduct under Rule 8.3, we will examine the requirement that the misconduct in question “raises a question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” If the lawyer possesses unprivileged knowledge of misconduct then this […]

Reporting Attorney Misconduct: The “Knowledge” Factor

In Part 1, we discussed the “privileged” element or restriction on the duty Ohio lawyers have to report misconduct under Rule 8.3; now we will discuss the “knowledge” element. All Ohio attorneys have a duty to report attorney misconduct if it is not privileged and they have knowledge of the misconduct. This is true even […]