Wednesday, April 25, 2012

More on why lawyer disciplinary review boards fail

Unless your complained-of attorney crashes and burns in a very public manner, you will find it very difficult to have a board censure him/her to any degree of satisfaction--your satisfaction.
Second,  if your attorney did do something so egregious--and easy for you to prove,  then you probably should just initiate a civil action against that licensed professional. Why? Well, for starters, filing a professional complaint will only serve to provide that attorney with notice of what may be to come and to destroy-or erode, the strength of your evidence. Also, think about the financial position that a successful professional complaint, or even a succesful criminal prosecution puts the errant lawyer in: in order for you to maximize your recovery from his/her injuries to you, you want the attorney still licensed, still earning money, and out of jail. You do not want his/her assets diminished by having to pay his/her own defense attorney(s) or by losing his/her license and ability to make money.
Third, the disciplinary complaint process is, effectually, a blood-filled tick-like redundancy that really serves to dissuade victims from filing the civil (and criminal) complaints that these errant legal professionals should really be subjected to and held responsible for.

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