Office of Bar Counsel, 1221 WYBJ, Vol. 44 No. 6. 10
| Author | Melinda S. McCorkle |
| Position | Vol. 44 6 Pg. 10 |
The Who, What, Why and How of Lawyer Discipline
Melinda S. McCorkle
The Office of Bar Counsel (“OBC”) routinely receives inquiries from members of the public asking: (1) does an attorney’s conduct violate a Rule of Professional Conduct; (2) should a complaint be filed; and (3) what does the complaint process entail? Without a filed complaint, the OBC can answer only Question No. 3 by explaining the process and pointing the individual to information on the Bar’s website.
Question Nos. 1 and 2 are also posed by lawyers, although in a different context. Lawyers frequently contact the Ethics Hot line seeking advice about avoiding a Rules violation. Lawyers also ask whether they are required to file a complaint pursuant to their Rule 8.3 obligations. After an often fact-intensive inquiry, the OBC is able to provide lawyers with advice about Question Nos. 1 and 2.
Inquiries regarding the complaint and disciplinary process, however, are rarely posed by attorneys unless the attorney has become the subject of a complaint, and most attorneys know shockingly little about the process. Previously, the Bar’s focus has been on educating the public, not the Bar, about the disciplinary process. Indeed, until now, information regarding the disciplinary process was located under the “For the Public” tab on the Bar’s website. No such information or explanation was located within the “Practice in Wyoming” tab.
Recognizing the need to ensure that the public and our members can easily obtain information about the disciplinary process— after all, it is your livelihood—the Lawyer Discipline page on the Bar’s website has been expanded to more thoroughly explain the disciplinary process. A summary of the information available on the new webpage follows.
Who may be disciplined for violating the Rules of Professional Conduct?
The Wyoming Supreme Court (the “Court”) has jurisdiction over all attorneys licensed in Wyoming, attorneys admitted pro hac vice, and any attorney practicing law in Wyoming. The lawyer discipline process is codified in two sets of rules adopted by the Court, the Wyoming Rules of Professional Conduct and the Wyoming Rules of Disciplinary Procedure.
The Rule of Law requires that attorneys who violate a Rule of Professional Conduct are accountable for their actions regardless of the lawyer’s gender, race, religion, national origin, age, sexual...
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