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.]
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