There may be small variations on a state-by-state basis, but this is the basic framework of an ethics complaint:
1. A former client or another files a complaint with the State's Bar Association Board of Ethics.
2. The Ethics Board reviews the complaint and any accompanying evidence, and decides whether to investigate further.
3. If investigation is warranted, the Ethics Board will have their on-staff investigators work to collect further evidence from the attorney, the client, or other parties.
4. Upon review of the evidence collected, the Board of Ethics determines whether to file a formal “charge” against the attorney of some ethical violation.
5. The attorney is provided with an opportunity to appear before the board and to answer the “charges” against them.
6. Based on the information provided during the hearing, the Board of Ethics determines the appropriate punishment, which could range anywhere from no action, to censure, suspension, or disbarment.
7. For disbarment, most states require that the order disbarring the attorney be referred to the Supreme Court of the state for review and approval.
NOTE: Money (i.e. using client trust account funds improperly) and sex (i.e. relations with any oppossing parties or currently represented clients) are the only things that get one disbarred, everything else is fine or suspension.
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