Filing Complaints against Attor-

Connecticut Practice Book

Rule: 2-32

Jurisdiction: CT

Bluebook Citation: Conn. P.B. 2-32

neys; Action; Time Limitation (a) Any person, including disciplinary counsel, or a grievance panel on its own motion, may file a written complaint, executed under penalties of false statement, alleging attorney misconduct whether or not such alleged misconduct occurred in the actual presence of the court. Complaints against attorneys shall be filed with the statewide bar counsel. Within seven days of the receipt of a complaint, the statewide bar counsel shall review the complaint and process it in accordance with subdivision (1), (2) or (3) of this subsection as follows: (1) forward the complaint to a grievance panel in the judicial district in which the respondent maintains his or her principal office or residence, provided that, if the respondent does not maintain such an address in this state, the statewide bar counsel shall forward the complaint to any griev- ance panel and notify the complainant and the respondent, by certified mail with return receipt or with electronic delivery confirmation, of the panel to which the complaint was sent. The notifi- cation to the respondent shall be accompanied by a copy of the complaint. The respondent shall respond within thirty days of the date notification is mailed to the respondent unless for good cause shown such time is extended by the grievance panel. The response shall be sent to the grievance panel to which the complaint has been referred. The failure to file a timely response shall constitute misconduct unless the respondent establishes that the failure to respond timely was for good cause shown; (2) refer the complaint to the chair of the State- wide Grievance Committee or an attorney desig- nee of the chair and to a nonattorney member of the committee, and the statewide bar counsel in conjunction with the chair or attorney designee and the nonattorney member shall, if deemed appropriate, dismiss the complaint on one or more of the following grounds: (A) the complaint only alleges a fee dispute and not a clearly excessive or improper fee; (B) the complaint does not allege facts which, if true, would constitute a violation of any provision of the applicable rules governing attorney con- duct; (C) the complaint does not contain sufficient specific allegations on which to conduct an investi- gation; (D) the complaint is duplicative of a previously adjudicated complaint; (E) the complaint alleges that the last act or omission constituting the alleged misconduct occurred more than six years prior to the date on which the complaint was filed; (i) Notwithstanding the period of limitation set forth in this subparagraph, an allegation of mis- conduct that would constitute a violation of Rule 1.15, 8.1 or 8.4 (2) through (6) of the Rules of Professional Conduct may still be considered as long as a written complaint is filed within one year of the discovery of such alleged misconduct. (ii) Each period of limitation in this subpara- graph is tolled during any period in which: (1) the alleged misconduct remains undiscovered due to active concealment; (2) the alleged misconduct would constitute a violation of Rule 1.8 (c) and the conditions precedent of the instrument have not been satisfied; (3) the alleged misconduct is part of a continuing course of misconduct; or (4) the aggrieved party is under the age of majority, insane, or otherwise unable to file a complaint due to mental or physical incapacitation. (F) the complaint alleges misconduct occurring in a Superior Court, Appellate Court or Supreme Court action and the court has been made aware of the allegations of misconduct and has rendered a decision finding misconduct or finding that either no misconduct has occurred or that the allegations should not be referred to the Statewide Griev- ance Committee; (G) the complaint alleges personal behavior outside the practice of law which does not consti- tute a violation of the Rules of Professional Conduct; (H) the complaint alleges the nonpayment of incurred indebtedness; (I) the complaint names only a law firm or other entity and not any individual attorney, unless dis- missal would result in gross injustice. If the com- plaint names a law firm or other entity as well as an individual attorney or attorneys, the complaint shall be dismissed only as against the law firm or entity; 140 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—GENERAL PROVISIONS

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