Rule Text
Investigations under this Rule 5 are for the purpose of determining probable cause and may be conducted in a summary and informal manner. Any entity conducting investigations shall make a record of all investigations. Investigations may be conducted outside the presence of complainants or persons being investigated.
Amendment history: (Adopted June 20, 1995, effective January 1, 1996. Amended November 5, 2003, effective January 1, 2004; Amended August 19, 2013, effective Jan. 1, 2014; Amended May 31, 2022, effective Jan. 1, 2023.)
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone files a complaint about a lawyer, the people looking into it are just trying to figure out if there's enough evidence to move forward, not to make a final decision on guilt. Because of this, they can keep the investigation fairly simple and informal instead of running it like a full trial.
Whoever handles the investigation has to keep a written record of what they did and found. This creates a paper trail in case anyone needs to look back at how the investigation was handled.
The investigation doesn't have to happen with the complaining person or the lawyer being investigated sitting in the room. Investigators can gather information, talk to witnesses, and review documents without either side being present for every step.