CT · rules
Conn. Practice Book § 2-32
Filing Complaints against Attorneys; Action; Time Limitation
(a) Any person, including disciplinary counsel,
or a grievance panel on its own motion, may file
a written complaint, executed under penalties of
false statement, alleging attorney misconduct
whether or not such alleged misconduct occurred
in the actual presence of the court. Complaints
against attorneys shall be filed with the statewide
bar counsel. Within seven days of the receipt of
a complaint, the statewide bar counsel shall
review the complaint and process it in accordance
with subdivision (1), (2) or (3) of this subsection
as follows:
(1) forward the complaint to a grievance panel
in the judicial district in which the respondent
maintains his or her principal office or residence,
provided that, if the respondent does not maintain
such an address in this state, the statewide bar
counsel shall forward the complaint to any griev -
ance panel and notify the complainant and the
respondent, by certified mail with return receipt
or with electronic delivery confirmation, of the
panel to which the complaint was sent. The notification to the respondent shall be accompanied
by a copy of the complaint. The respondent shall
respond within thirty days of the date notification
is mailed to the respondent unless for good cause
shown such time is extended by the grievance
panel. The response shall be sent to the grievance
panel to which the complaint has been referred.
The failure to file a timely response shall constitute
misconduct unless the respondent establishes
that the failure to respond timely was for good
cause shown;
(2) refer the complaint to the chair of the Statewide Grievance Committee or an attorney designee of the chair and to a nonattorney member of
the committee, and the statewide bar counsel in
conjunction with the chair or attorney designee
and the nonattorney member shall, if deemed
appropriate, dismiss the complaint on one or more
of the following grounds:
(A) the complaint only alleges a fee dispute and
not a clearly excessive or improper fee;
(B) the complaint does not allege facts which,
if true, would constitute a violation of any provision
of the applicable rules governing attorney conduct;
(C) the complaint does not contain sufficient
specific allegations on which to conduct an investigation;
(D) the complaint is duplicative of a previously
adjudicated complaint;
(E) the complaint alleges that the last act or
omission constituting the alleged misconduct
occurred more than six years prior to the date on
which the complaint was filed;
(i) Notwithstanding the period of limitation set
forth in this subparagraph, an allegation of misconduct that would constitute a violation of Rule
1.15, 8.1 or 8.4 (2) through (6) of the Rules of
Professional Conduct may still be considered as
long as a written complaint is filed within one year
of the discovery of such alleged misconduct.
(ii) Each period of limitation in this subpara -
graph is tolled during any period in which: (1) the
alleged misconduct remains undiscovered due to
active concealment; (2) the alleged misconduct
would constitute a violation of Rule 1.8 (c) and
the conditions precedent of the instrument have
not been satisfied; (3) the alleged misconduct is
part of a continuing course of misconduct; or (4)
the aggrieved party is under the age of majority,
insane, or otherwise unable to file a complaint
due to mental or physical incapacitation.
(F) the complaint alleges misconduct occurring
in a Superior Court, Appellate Court or Supreme
Court action and the court has been made aware
of the allegations of misconduct and has rendered
a decision finding misconduct or finding that either
no misconduct has occurred or that the allegations
should not be referred to the Statewide Grievance Committee;
(G) the complaint alleges personal behavior
outside the practice of law which does not con -
stitute a violation of the Rules of Professional
Conduct;
(H) the complaint alleges the nonpayment of
incurred indebtedness;
(I) the complaint names only a law firm or other
entity and not any individual attorney, unless dismissal would result in gross injustice. If the com -
plaint names a law firm or other entity as well as
an individual attorney or attorneys, the complaint
shall be dismissed only as against the law firm
or entity;
(J) the complaint alleges misconduct occurring
in another jurisdiction in which the attorney is also
admitted and in which the attorney maintains an
office to practice law, and it would be more practicable for the matter to be determined in the other
jurisdiction. If a complaint is dismissed pursuant
to this subdivision, it shall be without prejudice
and the matter shall be referred by the statewide
bar counsel to the jurisdiction in which the conduct
is alleged to have occurred.
(3) If a complaint alleges only a fee dispute
within the meaning of subsection (a) (2) (A) of this
section, the statewide bar counsel in conjunction
with the chairperson or attorney designee and the
nonattorney member may stay further proceedings on the complaint on such terms and condi -
tions as deemed appropriate, including referring
the parties to fee arbitration. The record and result
of any such fee arbitration shall be filed with the
statewide bar counsel and shall be dispositive of
the complaint. A party who refuses to utilize the
no cost fee arbitration service provided by the
Connecticut Bar Association shall pay the cost of
the arbitration.
(b) The statewide bar counsel, chair or attorney
designee and nonattorney member shall have
fourteen days from the date the complaint was
filed to determine whether to dismiss the complaint. If after review by the statewide bar counsel,
chair or attorney designee and nonattorney member it is determined that the complaint should be
forwarded to a grievance panel for investigation
in accordance with subsections (f) through (j) of
this section, the complaint shall be so forwarded in
accordance with subsection (a) (1) of this section
within seven days of the determination to forward
the complaint.
(c) If the complaint is dismissed by the statewide
bar counsel in conjunction with the chair or attorney designee and nonattorney member, the complainant and respondent shall be notified of the
dismissal in writing. The respondent shall be provided with a copy of the complaint with the notice
of dismissal. The notice of dismissal shall set forth
the reason or reasons for the dismissal. The complainant shall have fourteen days from the date
notice of the dismissal is mailed to the complainant to file an appeal of the dismissal. The appeal
shall be in writing setting forth the basis of the
appeal and shall be filed with the statewide bar
counsel who shall forward it to a reviewing committee for decision on the appeal. The reviewing
committee shall review the appeal and render a
decision thereon within sixty days of the filing of
the appeal. The reviewing committee shall either
affirm the dismissal of the complaint or order
the complaint forwarded to a grievance panel for
investigation in accordance with subsections (f)
through (j) of this section. The decision of the
reviewing committee shall be in writing and mailed
to the complainant. The decision of the reviewing
committee shall be final.
(d) The statewide bar counsel shall keep a
record of all complaints filed. The complainant
and the respondent shall notify the statewide bar
counsel of any change of address or telephone
number during the pendency of the proceedings
on the complaint.
(e) If for good cause a grievance panel declines,
or is unable pursuant to Section 2-29 (d), to investigate a complaint, it shall forthwith return the complaint to the statewide bar counsel to be referred
by him or her immediately to another panel. Notification of such referral shall be given by the statewide bar counsel to the complainant and the
respondent by certified mail with return receipt or
with electronic delivery confirmation.
(f) The grievance panel, with the assistance of
the grievance counsel assigned to it, shall investigate each complaint to determine whether probable cause exists that the attorney is guilty of
misconduct. The grievance panel may, upon the
vote of a majority of its members, require that a
disciplinary counsel pursue the matter before the
grievance panel on the issue of probable cause.
(g) Investigations and proceedings of the grievance panel shall be confidential unless the attorney under investigation requests that such
investigation and proceedings be public.
(h) On the request of the respondent and for
good cause shown, or on its own motion, the
grievance panel may conduct a hearing on the
complaint. The complainant and respondent shall
be entitled to be present at any proceedings on
the complaint at which testimony is given and to
have counsel present, provided, however, that they
shall not be entitled to examine or cross-exam -
ine witnesses unless requested by the grievance
panel.
(i) The panel shall, within 110 days from the
date the complaint was referred to it, unless such
time is extended pursuant to subsection (j), do
one of the following: (1) If the panel determines
that probable cause exists that the respondent is
guilty of misconduct, it shall file the following with
the Statewide Grievance Committee and with the
disciplinary counsel: (A) its written determination
that probable cause exists that the respondent is
guilty of misconduct, (B) a copy of the complaint
and response, (C) a transcript of any testimony
heard by the panel, (D) a copy of any investigatory
file and copies of any documents, transcripts or
other written materials which were available to the
panel. These materials shall constitute the panel’s
record in the case. (2) If the panel determines that
no probable cause exists that the respondent is
guilty of misconduct, it shall dismiss the complaint
unless there is an allegation in the complaint that
the respondent committed a crime. Such dismissal shall be final and there shall be no review
of the matter by the Statewide Grievance Committee, but the panel shall file with the Statewide
Grievance Committee a copy of its decision dis -
missing the complaint and the materials set forth
in subsection (i) (1) (B), (C) and (D). In cases in
which there is an allegation in the complaint that
the respondent committed a crime, the panel shall
file with the Statewide Grievance Committee and
with disciplinary counsel its written determination
that no probable cause exists and the materials
set forth in subsection (i) (1) (B), (C) and (D).
These materials shall constitute the panel’s record
in the case.
(j) The panel may file a motion for extension of
time not to exceed thirty days with the Statewide
Grievance Committee which may grant the motion
only upon a finding of good cause. If the panel
does not complete its action on a complaint within
the time provided in this section, the Statewide
Grievance Committee shall inquire into the delay
and shall order that the panel take action on the
complaint forthwith, or order that the complaint be
forwarded to and heard by another panel or a
reviewing committee designated by the Statewide
Grievance Committee.
(k) The panel shall notify the complainant, the
respondent, and the Statewide Grievance Committee of its determination. The determination
shall be a matter of public record if the panel
determines that probable cause exists that the
respondent is guilty of misconduct.
History
(P.B. 1978-1997, Sec. 27F.) (Amended June 29, 1998, to take effect Jan. 1, 1999; amended June 28, 1999, to take effect Jan. 1, 2000; amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; amended June 30, 2003, to take effect Oct. 1, 2003; Sept. 30, 2003, effective date of two latest amendments changed to Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 20, 2005, to take effect Jan. 1, 2006; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 14, 2013, to take effect Jan. 1, 2014.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
4a8b02d7b39b48b00188a04794c1900f633e14745f5a0e0a6f70fd923e3af31d
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