Office of Bar Counsel

• Jurisdiction: Wyoming,United States
• Pages: 10
• Citation: Vol. 46 No. 6 Pg. 10
• Publication year: 2023

Office of Bar Counsel Vol. 46 No. 6 Pg. 10 Wyoming Bar Journal December 2023

Melinda S. McCorkle

An Examination of the Office of Bar Counsel and Lawyer Discipline^[1]

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 Hotline seeking advice about avoiding a Rules violation. Lawyers also ask whether they are required to file a complaint pursuant to their Rule 8.3 mandatory reporting obligation. After an often fact-intensive inquiry, the OBC is able to provide lawyers with advice about Question Nos. 1 and 2.^[2]

Members of the Wyoming State Bar, having taken an oath to support the Constitution and laws of this state and of the United States, are charged with obedience to those laws at all times. Attorneys must observe the highest standards of professional conduct as adopted by the Wyoming Supreme Court and described in the Wyoming Rules of Professional Conduct.

Melinda McCorkle is Deputy Bar Counsel for the Wyoming State Bar's Office of Bar Counsel.

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. Individuals may additionally have questions about the OBC itself. This article is meant to shed light on the role of the OBC and the disciplinary process.

What is the Office of Bar Counsel and Who Oversees It?

One of the regulatory functions administered by the Wyoming State Bar on behalf of the Wyoming Supreme Court ("Court") is attorney discipline. The OBC is responsible for ensuring that attorneys abide by the Rules of Professional Conduct, making an initial determination as to whether the OBC has clear and convincing evidence that a Rule violation occurred, and if so, taking appropriate action in such cases. As discussed further below, if the OBC makes such a determination, other entities must agree in order for discipline to occur; the OBC cannot unilaterally discipline an attorney. Even in cases in which an attorney stipulates to resolution of a complaint, that stipulation must be approved by the Review and Oversight Committee ("ROC") (diversions and private reprimands) or, in the case of public discipline, by the Board of Professional Responsibility ("BPR") and the Court.

One common misperception is that the Board of Officers and Commissioners ("BOC"), the Bar's elected leadership, regulates the OBC. That is not accurate. While the BOC oversees the affairs and activities of the State Bar, the ROC (a Court-appointed committee comprised of three members of the Bar) is charged with overseeing the OBC. The BOC is not privy to information not otherwise available to members or the public, nor does the BOC have any role in the disciplinary process. That was not always the case, and the perception that the BOC has a role in the OBC greater than it actually does may stem from days long past in which the BOC was one of the stakeholders in disciplinary issues.

In 1973, the Court adopted the first Disciplinary Code, creating a Grievance Committee to serve as both...