***THIS POST IS PART OF A SERIES DESIGNED TO HELP NORTH CAROLINA ATTORNEYS BETTER UNDERSTAND THE NORTH CAROLINA GRIEVANCE PROCESS. STAY INFORMED ABOUT YOUR RIGHTS, RESPONSIBILITIES, AND WHAT TO EXPECT AT EACH STAGE***
Once a grievance is filed with the North Carolina State Bar, it goes through several stages before any action is taken. Here’s what you need to know about the process.
Initial Review by the Office of Counsel
When the State Bar receives a complaint, the Office of Counsel (the Bar’s investigative team) conducts an initial review to determine whether the allegations, if true, would violate the Rules of Professional Conduct. At this stage:
- Frivolous or non-ethical complaints may be dismissed immediately.
- If the complaint raises potential ethical concerns, it moves to the next step.
Letter of Notice: What It Means
If the grievance is not dismissed, the lawyer will receive a Letter of Notice outlining the allegations and requesting a written response within 15 days. This response is crucial and will significantly impact the direction of the investigation.
Possible Next Steps
After reviewing the response, the Office of Counsel may:
- Dismiss the case if there is no evidence of a violation.
- Request more information from the complainant or third parties.
- Conduct further investigation, including interviews and document reviews.
- Refer the case to the Grievance Committee if disciplinary action is being considered.
Responding properly to a grievance can make all the difference in how your case is handled. In the next post, we’ll discuss how to craft an effective response to a Letter of Notice.