April 16, 2007
By Suzanne M. Blonder & Emily Werth
To the Editor:
In response to public calls for reform, the New Hampshire Supreme Court changed the process for investigating attorney discipline complaints last month ("New rules to relieve backlog of complaints against attorneys," April 1, 2007). While efforts to improve efficiency are commendable, ensuring that legitimate allegations of attorney misconduct result in disciplinary action should be the system's top priority. Unfortunately, the Court's new rules do little to achieve either goal.
In a state that, according to the American Bar Association's latest figures, imposes formal discipline in less than eight percent of complaints, it's time to remove loopholes for unethical lawyers. But instead, the court has enlarged the system's bureaucracy by authorizing staff attorneys at the Discipline Office to screen and dismiss grievances-in addition to a separate committee already in place to perform that same function.
Curiously, the new rules also require the initial screening panel to hold grievances to a Draconian standard before passing them to a hearing panel. If a complaint does not demonstrate "clear and convincing" proof of an ethics rule violation, it's thrown out. No hearing. No review. The case is effectively tried at the screening stage-before a victim has the full opportunity to show evidence.
New Hampshire must establish a more robust system for investigating attorney misconduct. At the initial phase, complaints should always be given the benefit of the doubt, not discarded out of hand. Instead of giving wide authority to dismiss complaints to staff attorneys and lawyer-dominated screening committees, the court should require greater public participation.
Limiting the role of lawyers in the screening process will not only diminish the potential for conflicts of interest in New Hampshire's tight-knit legal community, but will also demonstrate that every consumer complaint receives full and fair consideration. Protection of New Hampshire's legal consumers requires nothing less.
© 2007, The Eagle Tribune.
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