After an intake attorney reviews the complaint and decides that it falls within the VSB’s jurisdiction, it is assigned to a VSB attorney, called bar counsel, for investigation. The bar counsel will send the complaint to the lawyer involved and request a written response. Most lawyers respond to bar complaints.

If we receive a response from the lawyer, we may send the response to the complainant for comment. The complainant’s input helps the bar counsel analyze the merits of the complaint.

Our goal is to complete the preliminary investigation within 75 days. However, the preliminary investigation of a complaint may take longer, depending on the complexity of the complaint and our caseload. Also, sometimes lawyers ask for more time to respond to a complaint, which may be granted by the bar counsel if appropriate.

When we finish our preliminary investigation, we will notify the complainant that:
the complaint has been dismissed

or

the complaint has been referred for a more detailed investigation.

If a complaint is dismissed, the bar counsel will write the complainant a letter explaining the reasons for the dismissal.

The bar counsel investigating the complaint may decide that the VSB should gather more information about the complaint. If so, the bar counsel will refer the complaint to a district committee made up of volunteer lawyers and non-lawyers for further investigation. The VSB will also assign an investigator to interview witnesses and examine documents relating to the complaint. The investigator will write a report for the bar counsel.

After the complaint has been referred for further investigation, it may take several months for the investigator to complete the investigation because the investigator is investigating other complaints that were filed earlier. We ask that all complainants be patient. We track and thoroughly investigate all complaints. We will contact the complainant if we need additional information or if we have information regarding the status of the investigation.

The bar counsel reviews the investigator’s report and makes a recommendation to a subcommittee composed of two volunteer lawyers and one nonlawyer. The subcommittee may decide to bring charges of misconduct against a lawyer or may dismiss the complaint if it decides the investigation did not produce sufficient evidence to prove that the lawyer violated a legal ethics rule. If the complaint is dismissed, the complainant will receive a written explanation from the subcommittee.

Sometimes the subcommittee will impose a low level of discipline on the lawyer without a hearing. This type of discipline is recorded on the lawyer’s permanent VSB record.

If the subcommittee decides that the lawyer’s conduct should result in a hearing, the VSB will schedule an evidentiary hearing before a district committee. Complainants have the right to attend the hearing, and it may be necessary for complainants to testify under oath. The bar counsel handling the case will present evidence and legal argument.

After hearing evidence from the VSB and the lawyer, the district committee will decide if the lawyer violated an ethics rule. If the district committee decides that the lawyer violated an ethics rule, it will impose discipline, which will be recorded on the lawyer’s permanent VSB record.

In cases of serious misconduct, a subcommittee or a district committee can send the case to a higher body, the Disciplinary Board. Only the Disciplinary Board can suspend or revoke a lawyer’s license to practice law.

In all cases, the complainant will be notified of the outcome.

No. Most civil actions must be filed within a certain amount of time, or you will lose your right to proceed. If you are thinking of taking any civil action on your original case, or against the lawyer, you should consult a lawyer in private practice as soon as possible.

You should give the VSB copies of all documents that directly relate to your complaint against the lawyer. Please do not submit your original documents, but do retain them in a safe place. Also, if your paperwork contains any personally identifying information, such as social security numbers, dates of birth, or driver’s license numbers, please redact that information from the copies you submit. It is not necessary that you redact that information from the original documents that you keep.

Tell us if your address or telephone numbers change. We may need to contact you.
When you write or call us, please provide the VSB docket number assigned to your complaint.
Respect the confidentiality of the disciplinary system, discussed in more detail below. 

The VSB will notify you in writing about significant developments. If you have questions, please contact the bar counsel assigned to your complaint.

A complainant does not need a lawyer to pursue a complaint against a lawyer. However, the bar counsel does not represent you in the complaint process and is not authorized to give you legal advice.