Lesson: It’s a joke.

I have concluded, over the past year of almost constant disillusionment, that the public is being deliberately deceived regarding the legal profession’s “self policing” duties. To watch TV or legal-themed movies, one would think that any significant violation of a lawyer’s jurisdiction’s Rules of Professional Conduct is likely to result in disbarment. That isn’t true. It isn’t close to true. The overwhelming majority of unethical lawyers, even flagrant, criminal unethical lawyers who prey on trusting clients, are never disciplined. Not only that, lawyers use their bar associations to make certain that is the case.

I have two clients who have been victimized by the same D.C. lawyer. A detailed and fully competent complaint by one of those clients, a non-lawyer, was ignored. I am a recognized legal ethics expert, and after I learned the facts regarding a second client’s victimization by this predatory lawyer, I realized that as a D.C. lawyer myself, I was ethically obligated to file a complaint to the D.C. bar’s Office of Disciplinary Counsel, as well as the lawyer’s other bar association. Rule 8.3 in almost all U.S. jurisdictions requires lawyers to file complaints when they know that another lawyer has engaged in conduct calling into question his or her honesty, integrity, or fitness to practice law in other respects.

A third bar association in a jurisdiction where this unethical lawyer has practiced law without a license refused to receive my complaint, arguing that since this crooked lawyer wasn’t licensed to practice law there, they had no jurisdiction. I’m not making this up.

In undertaking this task, I was shocked at how deliberately burdensome it is in every jurisdiction. You are forced to use websites which are written in jargon, with unduly verbose instructions and explanations. You are forced to fill out on-line forms which freeze and often don’t work. It is almost impossible to get anyone in the appropriate offices to answer the phone, so questions are not answered. The process is confusing for lawyers; non-lawyers are likely to find it impossible.

I believe this is intentional. I know the contempt lawyers have for client complaints; they are open about it. And it is true that a lot of clients think lawyers must be unethical because they didn’t prevail in a case. Therefore there is an institutional bias against complaints against bar member by non-lawyers, and that presumption that they are just a nuisance. Apparently the complaint system has been made so confusing and user-unfriendly in order to make all but the most determined victims of lawyer misconduct give up, throw up their hands and say, “Oh, the hell with it.”

But I am a lawyer and an ethics expert, and I was and am determined to get this spectacularly unethical lawyer where he belongs, ideally in prison, but at the every least in some other occupation where he will do less damage.