What happens after a formal complaint is filed with the Board?
The respondent (i.e., the person alleged to have engaged in the unauthorized practice of law) will be given an opportunity to answer the complaint. Typically, the Board will schedule and hold a hearing on the matter. However, the parties may file a stipulation of facts and waive the hearing. After the hearing or review of the stipulation of facts, the Board may dismiss the matter; refer the matter back to the relator (i.e., Disciplinary Counsel or the local bar association’s unauthorized practice of law committee); or, if it finds by a preponderance of the evidence that the respondent engaged in the unauthorized practice of law, file a report with the Supreme Court. The report will include the Board’s findings, recommendations, transcript of testimony, if any, and an itemized statement of costs.
