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Conn. Practice Book § 2-32

Filing Complaints against Attorneys; Action; Time Limitation

activein force · 2014-01-01 – presentact-effective-date

(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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