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May 25, 2005
Contact: Contact Kristin Weber at 202/887-8255, kweber@halt.org
Nearly three years after ranking Massachusetts' lawyer discipline system as best in the nation in its 2002 Lawyer Discipline Report Card, HALT—An Organization of Americans for Legal Reform advised the state to address the delay that currently plagues its system of attorney oversight in order to retain its top-ranked status.
Filing comments with the Massachusetts Bar Wednesday in response to a task force report, which proposed numerous changes to the state's lawyer discipline system, HALT commended a recommendation that will reduce delay, but urged the department to throw out a handful of proposals that represent critical setbacks.
"We have always applauded Massachusetts for its evenhanded procedures and fair approach to consumers, but justice delayed is justice denied," stated HALT Associate Counsel Suzanne M. Blonder. "Meaningful time standards for processing lawyer discipline cases would go a long way toward expediting the burgeoning backlog of cases that currently hamstring the system."
In addition, HALT cautioned the bar that five of the task force's proposals represent potential setbacks for the discipline system. The consumer group argued against proposals that would implement a statute of limitations on complaints, create a more stringent standard of proof in disciplinary hearings, prohibit telephone inquiries, and allow secret disciplinary proceedings-all of which would undermine Massachusetts' commitment to transparency, fairness and accessibility.
"Dismissing meritorious complaints on the basis of an arbitrary statute of limitations will sharply erode public confidence in the legitimacy of Massachusetts' system of attorney discipline," stated Blonder. "Raising the standard of proof so that more unethical lawyers evade sanctions could also weaken the public's trust in the system and the Bar's commitment to Massachusetts' client population."
Founded in 1978, HALT—An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest organization. HALT pursues an aggressive education and advocacy program that challenges the legal establishment to improve access, increase accountability and reduce costs in the civil justice system. To view HALT's comments, please visit www.halt.org.
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