Disciplinary Counsel

Steve Scott

Attorney at Law

Serving Landlords, Individuals
and Small Businesses

Vanessa Reynolds

Legal Assistant

Disciplinary Counsel

Missouri lawyers are required to abide by Rules of Professional Conduct promulgated by the Missouri Supreme Court. The rules form a code of ethics guiding an attorney’s practice and relationships with clients. When an attorney violates these rules, he or she is subject to disciplinary action. The Missouri Supreme Court, not the Missouri Bar, is in charge of the state’s attorney discipline system.

Here are just a few examples of attorney misconduct which violates the rules:

	Neglect (failure to communicate, failure to perform agreed-upon duties, delay, etc.)
	Violations of trust (embezzlement of funds entrusted to a lawyer by or for a client)
	Conflict of interest
	Improper advertising

The main body involved in investigating and prosecuting ethical complaints against attorneys is the Office of the Chief Disciplinary Counsel, which has a web site at www.mochiefcounsel.org. A client wishing to make a complaint against an attorney can contact the office at 3335 American Avenue, Jefferson City, MO 65109, telephone 573-635-7400. Complaints filed with the Chief Disciplinary Counsel must be in writing. The complaint should include the name, address, telephone number, and bar number, if known, of the attorney. The complaint also should describe the type of case the lawyer was handling, what happened, and the complaining party’s concerns.

Four other bodies may be involved in the process of investigating and/or disciplining an attorney. They are:

	*The Missouri Supreme Court*. This is the state’s highest court, and it has the authority to review all decisions made by a Disciplinary Hearing Panel and impose appropriate discipline on an attorney.
	The Advisory Committee. Appointed by the Missouri Supreme Court and consisting of both lawyers and non-lawyers, this committee serves as an administrative group to assign cases to Disciplinary Hearing Panels.
	*Regional Disciplinary Committees*. There are 17 Regional Disciplinary Committees composed of not fewer than four lawyers and two non-lawyers. Effective March 1, 1998, these committees replaced the Circuit Bar Committees which previously existed in each of Missouri’s 45 judicial circuits. Boone County is in Region VI under the new setup. The Regional Disciplinary Committees investigate complaints about lawyers sent to them either by the Chief Disciplinary Counsel or the Advisory Committee.
	*Disciplinary Hearing Panels*. These panels of two lawyers and one non-lawyer are selected from a larger group appointed by the Missouri Supreme Court. A panel hears evidence about a complaint against an attorney and recommends to the Missouri Supreme Court what discipline, if any, should be imposed.

When a complaint is made to the Office of the Chief Disciplinary Council, the office first reviews the complaint to determine if it involves a violation of the Rules of Professional Conduct. If not, no complaint file will be opened and the complaining party will be notified. (For example, a client may believe that an attorney has committed malpractice which damaged the client, but unless the alleged malpractice also constituted a violation of the Rules of Professional Conduct, there would be no basis for disciplinary action. However, the client still may be able to pursue a malpractice lawsuit against the attorney.)

In cases which appear to involve minor violations of the rules, the Chief Disciplinary Counsel may refer the complaining party to the Missouri Bar’s Complaint Resolution Program or Fee Dispute Resolution Program.

In more serious cases, complaints are investigated further by either the Office of the Chief Disciplinary Counsel or the Regional Disciplinary Committee in the attorney's area. When the investigation is completed, the Chief Disciplinary Counsel or Regional Disciplinary Committee can take one of three actions:

	Find that no violation of the Rules of Professional Conduct occurred and close the complaint file.
	Issue a written admonition to the attorney (which becomes part of the attorney’s permanent records) if it is determined that a minor violation occurred.
	File an information (a formal document setting out charges against the attorney) with the Missouri Supreme Court if it is determined that a serious violation occurred.

In any case, the complaining party is notified of the action taken. Within 30 days the complaining party can challenge a decision to close a file by requesting a review by the Advisory Committee.

If a written admonition is issued, the attorney who is the subject of the complaint can reject the written admonition, in which case an information will be filed. If an information is filed, the attorney has 30 days to respond. If the attorney fails to respond, the Supreme Court can enter a disciplinary order without a hearing. However, if the lawyer responds and requests a hearing, a Disciplinary Hearing Panel is assigned by the Advisory Committee to conduct a hearing. After the hearing, the panel decides whether a violation of the rules occurred, and, if so, recommends one of the following actions:

	Dismissal of the case if it finds no violation occurred
	Written admonition (which becomes part of the attorney’s permanent records)
	Private or public reprimand
	Suspension of the attorney’s license to practice law for a period of time
	Disbarment of the attorney (revocation of the attorney’s license)

Either the Chief Disciplinary Council or the attorney has the right to appeal any recommendation of the Disciplinary Hearing Panel to the Supreme Court. Upon appeal by either side, the Supreme Court reviews the records of the case and makes a final decision. The Supreme Court also has the power, if it chooses, to review any recommendation by a Disciplinary Hearing Panel even if neither the attorney nor the Chief Disciplinary Counsel appeals. Absent any review by the Supreme Court, the recommendation of the Disciplinary Hearing Panel becomes final.

The Office of the Chief Disciplinary Counsel only accepts complaints against attorneys. It does not investigate complaints against judges. If a person has a complaint against a Missouri judge, a written complaint should be filed with: Commission on Retirement, Removal and Discipline of Judges, 6933 Hampton Ave., St. Louis, MO 63109, telephone 314-352-6944.

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