Back to question index 16. Can a lawyer propose a settlement of a disciplinary action pending against him or her and can the complainant object to any settlement?
• Yes. Before a formal complaint is filed, a lawyer may offer the Bar a proposal for discipline by consent based on conditional admissions in exchange for a disciplinary sanction, and final disposition of the informal complaint. The proposal must include a waiver of a right to screening panel and the disciplinary sanction proposal should be consistent with disciplinary sanction authority of the Committee chair. The Bar forwards the proposal to the Committee chair, with a recommendation as to its disposition. The chair either accepts or rejects the proposal. If the chair accepts the proposal, it enters the appropriate order. If the proposed discipline by consent is rejected, the proposal and the admissions shall be withdrawn and cannot be used against the lawyer. • After a formal complaint is filed, a lawyer may offer the Bar a conditional admission to the complaint or a particular count in exchange for a stated form of discipline and final disposition of the formal complaint. The Bar f
Related Questions
- Back to question index 15. Can a lawyer, a complainant, or the Bar, engage in discovery (requests for information) prior to a formal complaint being filed against a lawyer in district court?
- Back to question index 16. Can a lawyer propose a settlement of a disciplinary action pending against him or her and can the complainant object to any settlement?
- Back to question index 17. Can a lawyer simply resign from the Bar when there are disciplinary proceedings pending against him or her?
