ELC 5.1 GRIEVANTS (a) Filing of Grievance. Any person or entity may file a grievance against a lawyer admitted to practice law in this state, or against a lawyer specially admitted by a court of this state for a particular case. (b) Consent to Disclosure. By filing a grievance, the grievant consents to disclosure of the content of the grievance to the respondent lawyer, or to any other person contacted during the investigation of the grievance, or to any person under rules 3.1 – 3.4, unless a protective order is issued under rule 3.2(e) or the grievance was filed under rule 5.2. By filing a grievance, the grievant also agrees that the respondent or any other lawyer contacted by the grievant may disclose to disciplinary counsel any information relevant to the investigation, unless a protective order is issued under rule 3.2(e). (c) Grievant Rights. A grievant has the following rights: (1) to be advised promptly of the receipt of the grievance, and of the name, address, and office phone number of the person assigned to its investigation if such an assignment is made; (2) to have a reasonable opportunity to speak with the person assigned to the grievance, by telephone or in person, about the substance of the grievance or its status; (3) to receive a copy of any response submitted by the respondent, except: (A) if the response refers to a client’s confidences or secrets to which the grievant is not privy; (B) if the response contains information of a personal and private nature about the respondent; or (C) if a review committee determines that the interests of justice would be better served by not releasing the response; (4) to submit additional supplemental written information or documentation at any time; (5) to attend any hearing conducted into the grievance, subject to these rules and any protective order issued under rule 3.2(e); (6) to provide relevant testimony at any hearing conducted into the grievance, subject to these rules and any protective order issued under rule 3.2(e); (7) to be notified of any proposed decision to refer the respondent to diversion and to be given a reasonable opportunity to submit to disciplinary counsel a written comment thereon; (8) to be advised of the disposition of the grievance; and (9) to request reconsideration of a dismissal of the grievance as provided in rule 5.6(b). (d) Grievant Duties. A grievant must do the following, or the grievance may be dismissed: (1) give the person assigned to the grievance documents or other evidence in his or her possession, and witnesses’ names and addresses; (2) assist in securing relevant evidence; and (3) appear and testify at any hearing resulting from the grievance. [Adopted effective October 1, 2002.]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|