9 Rule No. 12 Screening Counsel and Filing and Review of Disciplinary Complaints

All complaints concerning attorney conduct must be directed to the Professional Responsibility Program.

A. Screening. Bar Counsel will conduct the Professional Responsibility Program’s initial review of all disciplinary complaints. Bar Counsel may contact the subject attorney and conduct other limited investigation necessary to determine the nature of the complaint and whether it can be resolved through nondisciplinary dispute resolution methods.

B. Screening Decisions. Upon concluding the limited investigation that is authorized by subdivision (A), Bar Counsel may:

(1) resolve the complaint in a nondisciplinary manner if, in Bar Counsel’s judgment, the complaint does not require intervention by the Bar Assistance Program or an investigation by Disciplinary Counsel;

(2) refer the complaint to the Bar Assistance Program for nondisciplinary resolution pursuant to Rules 5, 6, or 7 if, in Bar Counsel’s judgment, the complaint does not require an investigation by Disciplinary Counsel;

(3) refer the complaint to the Vermont Lawyer Assistance Program if, in Bar Counsel’s judgment, the complaint is more appropriately addressed there than by the Bar Assistance Program or by an investigation by Disciplinary Counsel;

(4) refer the complaint to the Vermont Bar Association’s Committee for the Arbitration of Fee Complaints, or any other dispute resolution program if, in Bar Counsel’s judgment, the complaint does not require intervention by the Bar Assistance Program or an investigation by Disciplinary Counsel and is appropriate for resolution by the program to which it is referred;

(5) refer the complaint to Disciplinary Counsel for an investigation to be conducted pursuant to Rule 13 if, in Bar Counsel’s judgment, the complaint appears to constitute misconduct that may require disciplinary sanctions; or

(6) dismiss the complaint if, in Bar Counsel’s judgment, the complaint does not require a resolution or referral authorized by this paragraph.

C. Notification. Bar Counsel will provide written notice of the screening decision to both the complainant and the respondent.

D. Complainant’s Right to Independent Review. When Bar Counsel dismisses a complaint pursuant to paragraph B.6, the notice to the complainant that is required by subdivision C will state the reasons for the dismissal and will notify the complainant that the complainant may request that the Board chair review the dismissal. The complainant has 30 days from the date of Bar Counsel’s decision to request review. Review conducted pursuant to this rule is on the record. Upon concluding the review, the Board chair will either uphold the dismissal or refer the complaint to Disciplinary Counsel for an investigation pursuant to Rule 13. The complainant will be notified in writing of the Board chair’s decision.