Rule 4 Initiation and Filing of Grievances
Part One: Rules of Discipline
Rule Text
(a) Any matter touching on the ethical misconduct of an attorney licensed by the State of Mississippi or any attorney who renders or has rendered legal services in the State of Mississippi shall be called to the attention of the Office of General Counsel in writing. Attorneys licensed in the State of Mississippi may fulfill their 8.3, MRPC, obligation to
report the professional misconduct of another attorney by filing a grievance or by submitting a report in writing to the Office of General Counsel.
(b) All attorneys, courts, and their officers shall have the affirmative duty to notify the Office of General Counsel of conduct of any attorney evincing unfitness for the practice of law or unprofessional or unethical conduct and any action taken by the Court.
(c) The Committee on Professional Responsibility shall not consider a grievance until it has been reduced to writing. Grievances must be submitted on an original form provided by the Bar.
(d) No grievance shall be considered by the Committee on Professional Responsibility unless received, discovered, or otherwise brought to their attention within three (3) years after the date of discovery of the facts upon which the grievance is based. Allegation of violations of Rules 1.15, 8.1 and 8.4 (b) through (f) of the Rules of Professional Conduct shall not be covered by this limitation.
Procedure
(4.1) The Office of General Counsel shall keep a docket of all written grievances. A docketed grievance shall not be considered a grievance or charge touching the attorney’s conduct until the grievance has been considered and a decision rendered by the Committee on Professional Responsibility finding that the imposition of discipline is warranted. Until the Committee on Professional Responsibility renders a decision imposing discipline or directs that a complaint be filed, the attorney may state that no complaint, grievance or charge has been filed against the subject attorney. Grievances at any stage may be reported for statistical purposes.
(4.2) Written grievances shall contain at a minimum:
(a) The name, mailing address, and phone number of the grievant; and
(b) The name and address of the subject attorney; and
(c) A statement of the facts of the grievance; and
(d) A list of witnesses, with addresses and phone
numbers, if known; and
(e) Copies of any statement by the witnesses and documents in support of the statement of facts of the grievance.
(4.3) If a written grievance is found to be deficient, the Office of General Counsel may return it to the grievant with a statement of the deficiency. All such grievances shall be reported to the Committee on Professional Responsibility if the deficiency has not been cured within forty-five (45) days of the date on which the same was returned to the grievant. The Committee on Professional Responsibility thereafter may act upon those matters as provided in Rule 7 of these Rules.