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HALT's Report Card grades in six categories: (1) adequacy of discipline imposed, (2) publicity and responsiveness, (3) openness of the process, (4) fairness of disciplinary procedures, (5) public participation, and (6) promptness. HALT's report card shows dismal results in all six categories.
Among the worst states were Pennsylvania (F), North Carolina (F), Montana (D), Kentucky (D), Alaska (D), Nevada (D), New York (D) and Virginia (D).
According to the American Bar Association's most recent statistics, consumers filed more than 114,000 complaints against lawyers during 2000. Attorney discipline agencies imposed public sanctions (i.e., disbarment, suspension, probation or public censure) in only 3,614 cases - less than three and a half percent of all complaints filed. States like Nevada, New Hampshire and Wyoming did not disbar a single attorney.
HALT's Report Card reveals that many states still have "gag rules" that prohibit legal consumers from speaking about their grievances. In all states except Iowa, attorneys make up at least two-thirds of the members serving on panels that conduct lawyer discipline hearings. Many states ban the general public, including the individual who filed the complaint, from attending hearings. The outcome of those hearings, even when they result in disbarment, suspension, probation or public reprimand, is often buried in publications only seen by other lawyers.
HALT recommends that each state's rules of professional conduct be broadened to ensure that more consumer grievances are reviewed. In addition, private reprimands must be replaced with meaningful public discipline. Lawyer discipline agencies should disclose the number and basis of grievances filed against a lawyer, the resolution of closed complaints and a summary of all discipline imposed. "Gag rules" must be abolished. Non-lawyers should be given at least a majority voice on lawyer discipline hearing panels.
HALT's Report Card is based on published reports by the state disciplinary bodies as well as a detailed nationwide survey conducted by the organization between May and September 2002. HALT called each state's disciplinary agency, reviewed the website, brochure and annual report of each agency, analyzed data compiled by the American Bar Association Survey on Lawyer Discipline and assessed the rules and regulations governing each state disciplinary agency.
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