2024 NLADA Annual Conference

 This presentation will provide an in-depth look at the current landscape of lawyer discipline, with
a spotlight on matters affecting legal-aid practitioners.
The presentation outlines key aspects of the ABA Model Rules for Lawyer Disciplinary
Enforcement, which serve as a foundation for state regulations, as well as a practical guide to state
specific disciplinary procedures. The presentation will highlight the procedures in Michigan,
through investigation by the Michigan Attorney Grievance Commission (AGC), which may lead
to public hearings by the Attorney Discipline Board.
The discussion will highlight common issues leading to disciplinary actions, including neglect,
failure to respond to investigation requests, and mishandling client property. Further, the
presentation will address the unique challenges faced by legal services providers, particularly in
maintaining client communications and confidentiality and highlighting the need for competence
and effective caseload management.
The presentation will provide practical advice to lawyers in responding to grievances, including to
promptly address grievances to avoid disciplinary issues and cooperation with defense counsel in
responding to grievances. It also highlights several frequently asked questions about the grievance
process, including revealing client confidences and privileged information, threats of a grievance,
immunity for communication with disciplinary authorities, and mandatory reporting.
Lastly, the presentation will include hypothetical scenarios to illustrate challenges in client
communication, scope of representation, and vetting information provided by clients.
Key takeaways focus on the importance of communication, thorough documentation, and ongoing
training to mitigate risks of disciplinary action.