Vol. 34, No. 2, 12. Bar Counsel Report.

• Author: by Mark W. Gifford Bar Counsel Wyoming State Bar

Wyoming Bar Journal

2011.

Vol. 34, No. 2, 12.

Bar Counsel Report

Wyoming Bar JournalIssue: April, 2011Bar Counsel Reportby Mark W. Gifford Bar Counsel Wyoming State BarFirst Impressions

On January 1, I succeeded Rebecca Lewis as Bar Counsel. Becky set the bar high, so to speak. During her nearly ten years in the office, Becky and Trish Becklinger, Assistant to Bar Counsel, developed an efficient and expeditious system for the investigation and disposition of the scores of written complaints that are made against Wyoming attorneys every year. There are other aspects of the Bar Counsel position-attending meetings of the Officers and Commissioners, teaching ethics-related CLEs, preparing reports, reviewing rules changes, and the like-but handling disciplinary complaints is the meat of the job.

I carry forward Beckys model-juggling service as disciplinary counsel with a busy law practice. It is a demanding job, giving each grievance the attention each deserves. We are currently receiving complaints at the rate of four per week, double last year's pace. Trish and I are challenged at times to stay on top of the workload, with some 2,400 active practitioners in the state. North Dakota, by comparison, has two full-time attorneys and two full-time staff to handle the complaints brought against its 2,100 licensed attorneys.

Some complaints are easily dismissed because they do not make a prima facie showing of any ethical misconduct by a lawyer. Others involve ongoing litigation for which Bar Counsel will typically take no action until the underlying matter is resolved. Some are more appropriately pursued as malpractice claims or fee dispute resolutions.

Among the most difficult to parse are complaints from inmates who are usually unhappy with defense lawyers, prosecutors, judges, and the legal system in general. These are typically long exposes, scrawled on lined paper, with a smorgasbord of complaints expressed in fractured grammar and excruciating misspellings. Some are indecipherable.

The process begins with me reviewing the written grievance and identifying any rules of professional conduct that may be in play. The complaint is then mailed to the attorney, who is...