Disciplinary Proceedings

We have been frequently been retained by attorneys to represent them in all stages of disciplinary proceedings before the Departmental Disciplinary Committee.

In the investigative stages we answer the Departmental Disciplinary Committee’s charges, meet with the staff member from the Committee, and attempt to convince the Committee that no charges should be brought.

If charges are brought, we evaluate the case and counsel the client on the best approach to resolve the matter. Since cooperation with the Committee and candor by the attorney-respondent are factors that are considered in determining a sanction, how to handle the defense is a critical question and the correct response must be carefully determined. We have had great success in the appropriate case in convincing the Panel that no sanctions, or only minimal sanctions, are warranted.

We also frequently represent individual employees who are facing a corporate investigation. Failure to cooperate in the investigation may lead to a loss of employment. On the other hand, any statements made by the individual may be used against the individual if the investigation leads to criminal charges. We help the individual sort through the issues, including the likelihood that the individual employee will face criminal charges. We counsel the individual employee on whether to cooperate with the corporate investigation, and if the employee decides to be interviewed, to help him or her prepare for the interview.