The Investigative Process

Upon receipt of a Request for Investigation the Grievance Administrator, through his staff of three Intake attorneys, acts promptly to determine whether an investigation is warranted. The AGC Intake attorneys first evaluate Requests for Investigation to determine whether they meet basic threshold criteria so as to warrant investigation. The Intake attorneys all have substantial experience in the practice of law and the disciplinary field and are well-qualified to make these crucial initial determinations. The proper prioritization of complaints provides for greater expediency of, and a clear focus on, the more serious matters.

If the Intake attorneys determine that an investigation should be warranted, the file is then assigned an attorney on the Grievance Administrator’s Investigative staff. The investigating associate counsel then will conduct whatever necessary research and investigation is required to ascertain matters of fact and law. For all matters that are investigated, an Answer to the Request for Investigation will be required from the attorney (the “Respondent”), with a copy provided to the complainant. Investigations, on average, take 6 months to conclude. If the investigation requires additional information from the complainant, a member of the legal or investigative staff will contact the complainant by phone or in writing.

Upon conclusion of the investigation, each matter is submitted to the Commissioners for their consideration and review. In reviewing Requests for Investigation and the investigation conducted by the Investigating staff, the Commissioners have several options. They may opt to close the matter, issue a consensual private admonishment to the respondent, place the respondent on consensual contractual probation, or authorize the filing of formal charges with the Attorney Discipline Board. In deciding what action to take, the Commissioners will view the nature of the allegations, the answer of the respondent, the reliability or veracity of the witnesses, and the strengths and weaknesses of the proofs. After review by the Commission, the parties are advised in writing of the Commissioners’ decision regarding their Request for Investigation.