Hello.
Yes, it is possible to see how someone else's complaint was written to
the Pennsylvania Supreme Court's disciplinary board. The National
Legal and Policy Center features an example of such a complaint on its
web site. See:
http://www.nlpc.org/olap/aflcio/rlt-pabar.htm
You can use their complaint as a model for your complaint. And, yes,
they do refer specifically to the part of the code that they felt was
relevant.
You might consider using their complaint as a model for your
complaint. For example:
"(1) NATURE OF COMPLAINT
(Explain what you want the discipline board to do (e.g., disbar,
suspend, punish the lawyer) Example from National Legal and Policy
Center:
"In order to protect the public, the profession and the courts, I
request that Respondent-Attorney [insert name of attorney] be
disbarred from the practice of law in the Commonwealth of
Pennsylvania.
This is a formal complaint under the Pennsylvania Rules of
Disciplinary Enforcement of the Supreme Court of Pennsylvania to
request that the Disciplinary Counsel initiate an investigation into
the conduct of Respondent-Attorney[insert name of attorney] pursuant
to the procedure outlined in Rule 208. Pa.R.D.E. Rule 208 (2000)."
"(2) JURISDICTION
(Explain why the attorney is subject to the board's discipline)
Example from National Legal and Policy Center:
Attorney[insert name of attorney] is subject to the 'exclusive
disciplinary jurisdiction" of Supreme Court of Pennsylvania and its
Disciplinary Board because he.. has engaged in "acts . . . which . . .
constitute the violation of these rules." Pa.R.D.E. Rule 201(a)(3)
(2000)."
(3) CONNECTION TO RESPONDENT-ATTORNEY
Explain your connection to the attorney.
For example:
"I, the Complainant, employed Respondent-Attorney [insert name of
attorney]."
(4) STATEMENT OF FACTS
(Explain what the lawyer did.)
(5) ARGUMENT
(Here's where you'd insert reference to parts of the code that you
believe were violated. You might consider using)
Examples from National Legal and Policy Center:
"1. Respondent-Attorney [insert name of attorney] Has Apparently
Violated Rule 8.4(c)
Rule 8.4(c) states: 'It is professional misconduct for a lawyer to: .
. . (c) engage in conduct involving dishonesty, fraud, deceit or
misrepresentation.' Pa.R.P.C. Rule 8.4(c). "
"2. Respondent-Attorney [insert name of attorney] Has Apparently
Violated Rule 8.4(b)
Rule 8.4(b) states: 'It is professional misconduct for a lawyer to: .
. . (b) commit a criminal act that reflects adversely on the lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects.'
Pa.R.P.C. Rule 8.4(b). The rule does not require a lawyer to be
convicted..."
(6) CONCLUSION
(Summmarize your case in a few sentences)
Example from National Legal and Policy Center:
"Respondent-Attorney... has committed professional misconduct pursuant
to Rules 8.4(b)-(c) of the Pennsylvania Rules of Professional Conduct.
Thus, Respondent-Attorney's alleged professional misconduct should be
investigated by the Disciplinary Counsel."
Source for all quoted material from:
National Legal and Policy Center: Trumka PA Bar Complaint, hosted by
nlpc.org
http://www.nlpc.org/olap/aflcio/rlt-pabar.htm
search strategy: "disciplinary board", complaint, lemoyne
I hope this helps. |