Grievances: The Review / Investigation Process

You should be aware that the Bar Association’s review and/or investigation of a complaint is confidential pursuant to Alaska Bar Rule 22(b), which states: “Confidentiality. Complainants and all persons contacted during the course of an investigation have a duty to maintain the confidentiality of discipline and disability proceedings prior to the initiation of formal proceedings subject to Bar Rule 21(c). It will be regarded as contempt of court to breach this confidentiality in any way. It will not be regarded as a breach of confidentiality for a person so contacted to consult with an attorney. A Respondent may waive confidentiality in writing and request disclosure of any information pertaining to the Respondent to any person or to the public.”

Bar Counsel’s staff will review your complaint to determine whether it meets with certain technical requirements and if it does it will be sent to the lawyer for an optional response.

Once the lawyer’s response has been received (or the time to respond has expired) your complaint will be reviewed by Bar Counsel.

If the lawyer’s response raises additional questions, you may be asked to submit more information or comments.

If Bar Counsel feels misconduct may have occurred, the complaint will be fully investigated. After a full investigation, Bar Counsel will either:

• dismiss the grievance if the evidence does not show unethical conduct;
• issue a written private admonition which is placed in the lawyer’s record at the Bar Association;
• file a petition for formal hearing, or enter a stipulation for discipline, either of which will be taken to the Disciplinary Board and/or the Alaska Supreme Court.