Lawyer Ethics ... Don't Believe Everything You See on Television

Saturday, March 10, 2007 | 0

By Michael A. Wolff

Viewers of popular television shows about lawyers are likely to be left with some strange impressions of lawyers' ethics. From some shows, they even may get the impression that there aren't any. For example, although Denny Crane and Alan Shore are witty and acerbic and entertaining, they likely would be disbarred if they were lawyers anywhere other than on television's "Boston Legal" show. That is because real clients have the right to expect competent, ethical representation from the lawyers they hire.

Missouri's lawyers are subject to a code of professional responsibility, a set of ethical rules enforced by the Supreme Court of Missouri through a lawyer disciplinary system. These rules require lawyers, for instance, to protect their clients' interests zealously within the law, to keep clients' secrets, and to perform their legal work in a timely and competent fashion.

Many people in the public believe that lawyer disciplinary matters are handled by The Missouri Bar. This is not true. The Bar is the organization of all the state's lawyers, but pursuant to the Missouri Constitution, the Supreme Court of Missouri regulates the practice of law in this state, including both admission to the bar and discipline of lawyers who have been admitted to practice law in Missouri.

Under the Court's supervision, the Board of Law Examiners regulates entry into the profession. At the time an individual applies to be a member of the Bar, the Board of Law Examiners conducts a serious inquiry into the applicant's character and fitness to practice law. We hope, through the application process, to screen out candidates who may be likely not to adhere to the profession's ethical rules. But for those who fail to live up the profession's standards after becoming lawyers, there also is a system in place by which these lawyers may be disciplined.

This lawyer disciplinary system is overseen by the Supreme Court's Advisory Committee, a group of lawyers and nonlawyers from throughout the state who review investigations and assign cases to disciplinary hearing panels. Also integral to the lawyer disciplinary system is the Office of Chief Disciplinary Counsel, based in Jefferson City. This office has a staff of lawyers in Jefferson City as well as in Kansas City and St. Louis.

If a client has an ethical complaint about a lawyer, that complaint is sent to the Office of Chief Disciplinary Counsel. From there, a lawyer in that office or committees of volunteers in various regions around the state investigate the ethical complaints made against lawyers. If the investigation reveals a potential ethical violation, the Advisory Committee assigns the case to a disciplinary hearing panel. Each panel consists of two lawyers and one nonlawyer, all of whom are volunteers. The panels hear evidence and submit to the Office of Chief Disciplinary Counsel and the accused lawyer written findings of facts, conclusions of law and proposed discipline.

If there is a disagreement about the proposed discipline, the chief disciplinary counsel files the case in the Supreme Court, which will hear and decide the case after receiving the record and briefs from the disciplinary counsel and the accused lawyer. If there is not a disagreement, then the Supreme Court merely reviews the recommendations of the disciplinary panel. If the Supreme Court rejects the recommendations, again, the record is filed and briefing and argument occur.

In any event, the ultimate decision about what discipline to impose is made by the Supreme Court. The Court regularly imposes discipline that includes disbarment, suspension, probation and public reprimand.

A full description of the Missouri lawyer disciplinary system -- as well as a list of the lawyers who have been disciplined since Jan. 1, 2006 -- is available through the Missouri Court's Web site on the page titled "Ethics and Discipline." The Web site also has the full text of ethical rules that apply to Missouri lawyers.

The Web site is http://www.courts.mo.gov.

Individuals wishing to file an ethical complaint against a lawyer may do so through this Web site. For such individuals who do not have access to the Internet, complaints should be sent to the Office of Chief Disciplinary Counsel via postal mail at 3335 American Ave., Jefferson City, Mo. 65109-1079, or via facsimile at (573) 635-2240. Other questions may be directed to the office via telephone at (573) 635-7400.

Beginning in April, the state's new chief disciplinary counsel will be Alan Pratzel, a St. Louis lawyer with 30 years of experience in private practice who has been involved in the discipline system, as a regional representative, for approximately 20 years. He is highly respected, and I have the utmost confidence that he and his staff of 26 lawyers and other support personnel will continue our mission of keeping high ethical standards in the legal profession in this state. I am very grateful to the many Missourians, lawyers and nonlawyers alike, who make the system work.

Thanks to them, antics like those of fictional lawyers Denny Crane and Alan Shore can stay in the realm of an entertainment program and not cross over into reality.

Michael A. Wolff is the chief justice of the Missouri Supreme Court. This column first appeared on the Missouri Courts Web site http://www.courts.mo.gov/. He writes a "Law Matters" column for publication in Missouri newspapers. It was republished with permission.

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