As I said I would in my previous post regarding grievance procedures, I am going to report back to you regarding my experiences filing a grievance. So here goes!
As you know, I am very meticulous about submitting any papers to the court and I was similarly meticulous when I submitted my complaint to the Statewide Grievance Committee. I had very solid evidence regarding my complaints all of which showed that the attorney I had complained about had, indeed, violated the attorney's Professional Code of Ethics. Nonetheless, my grievance complaint was rejected out of hand despite overwhelming evidence that the attorney was guilty.
So much for the legal profession being self regulating!
After I recovered from the shock and disappointment, my next question was how could this possibly happen? As I read and reread the response I have received from the Statewide Grievance Committee, some of the answers to this question became more and more clear.
The reason why so many legitimate complaints regarding unethical lawyers end up being ignored is that the grievance procedures in Connecticut are geared to protect crooked lawyers.
This is how it works. The first step in the Grievance Procedure is that you submit your complaint to the Statewide Grievance Committee. If your complaint isn't immediately dismissed because it is so obviously ridiculous the Committee won't even consider it for a minute, the complaint is sent to a Grievance Panel for a determination of whether there is probable cause to proceed further with this complaint.
According to page 4 of the manual on grievance procedures made available by the Statewide Grievance Committee, this Grievance Panel "is composed of one person who is not an attorney and two attorneys whose law offices are in judicial districts outside that in which the panel serves." What the brochure doesn't tell you, and I must say I'm always amused by what brochures of this kind fail to tell you, is that the 2011 Connecticut Practice Book, Section 2-29(a) states that the non attorney member of the grievance panel must reside in the judicial district where the attorney being complained about practices law." So why didn't the Statewide Grievance Committee add that little point in their brochure? I guess they want to convey the idea to consumers like you and me that they are making an attempt at neutrality. Riiigghhhtt! It's this major, major point they just omit telling you!
Another factor that plays an important role in preventing consumers from obtaining a fair hearing of their grievances arises from the role of the Counsel to the Grievance Panel. What the brochure tells you on page 5 is that "The grievance panel will investigate the case." Well, no, actually, primarily it is the Counsel to the Grievance Panel who will investigate the case. See the 2011 Connecticut Practice Book Section 2-31 (2) which states that one of the duties of the Counsel to the Grievance Panel is "To investigate all complaints received by the grievance panel from the statewide bar counsel involving alleged misconduct of an attorney." And guess what, folks, this Counsel does not have to practice outside of the judicial district where the Grievance Panel is serving. This means that the guise of neutrality, the implication of fairness, the concept that your complaint is being handled outside of the sphere of influence of the lawyer you are complaining about (the respondant) is specious because at least one forth or even a half of the people related to that Grievance Panel are actually within the judicial district of the respondant.
Now the Statewide Grievance Committee will say, that isn't true because the Counsel to the Grievance Panel isn't a member of the panel and is unable to vote. However, what I am complaining about is that the counsel provides all the results of the investigation regarding the complaint to the panel and can, therefore, spin these results any way he or she pleases. That is providing an unconscionable amount of power to a single non voting member of the panel.
Finally, the policy of the Statewide Grievance Committee is that the decision of the Grievance Panel regarding your complaint is final and cannot be appealed, neither can you request that a higher authority review the decision. That is amazing! Even the legal system doesn't give so much authority to the lowest level of the court system. Imagine what would happen in our courts if all decisions were final and no decisions could be appealed or submitted for review! Imagine the outcry that would result!
To be honest, as an advocate, I have reviewed several grievance procedures in a number of organizations and I've never heard of any grievance procedure without a policy that allows for an appeal or additional review. Consider how research studies in the medical field are all subject to peer review. Apparently, lawyers are so confident of their abilities, they don't think it is necessary to undergo a similar process. I wish I had such an extraordinary amount of ego strength in my own life!
Finally, here is the ultimate blow to fairness and equity for consumers in the grievance procedures established by the State of Connecticut. Apparently, there is only one situation in which the decision of a Grievance Panel is not final, and that is a situation in which the complainant alleges that a crime occurred. Thus, the 2011 Connecticut Practice Book Sec. 2-32(i)(2) specifies that, if no probable cause is found, a grievance panal shall either dismiss the complaint in a decision that is final, or, if a crime is alleged, file its decision with the Statewide Grievance Committee so that the decision can be reviewed.
However, the determination of whether the complainant alleges that a crime occurred is left entirely in the hands of the Grievance Panel. And, according to the Statewide Grievance Committee Rule of Procedure No. 6 (D) "Under no circumstances shall the [Statewide Grievance] Committee review the grievance panel's decision that a crime was not alleged in the complaint."
My complaint alleged that my attorney had stolen money from me, an act which I understand to be a crime. Yet the Grievance Panel in my case determined that I had not alleged that there was a crime. The last time I looked stealing was and is a crime. Nonetheless, the Grievance Panel has the absolute power and authority to deny that is so and nothing can be done about it.
Under these circumstances, the question we as consumers are left with is "What do you do if a Grievance Panel goes rogue?" "Why didn't the Connecticut Statewide Grievance Committee take steps to protect consumers from rogue Grievance panels?" Perhaps the answer is that the Connecticut Statewide Grievance Committee itself has gone rogue! Citizens beware!
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