Reporting from the Virginia State Bar’s Office of Bar Counsel indicates general consistency in the overall number of complaints made against lawyers and the corresponding levels of discipline.
A summary of reporting follows:
|
Fiscal Year 2019 (July 1, 2018-June 30, 2019) |
Fiscal Year 2020 (July 1, 2019-June 30, 2020) |
|
| Number of Complaints | 3,123 | 3,091 |
| Percentage of Complaints as to Total of Active Lawyers |
9.5% (32,870 lawyers) |
9.8% (31,693 lawyers) |
| Percentage Screened Out in Early Review |
84% (2,626 cases) |
79% (2,440 cases) |
| Cases Dismissed | 357 | 473 |
| Lawyers Receiving Private Discipline | 42 | 54 |
| Lawyers Receiving Public Discipline | 67 | 74 |
| Suspensions | 20 | 20 |
| Revocations (including consent/agreement) | 17 |
27 (unconfirmed) (bar counsel reports 34) |
Drilling down into the figures further, indicates that the dismissal of cases following the initial screening is most likely (and not surprising) early in the disciplinary process following additional explanation/investigation of the underlying circumstances giving rise to the complaint:
| Cases Dismissed By: | Fiscal Year 2019 | Fiscal Year 2020 |
| Bar Counsel | 250 | 331 |
| Disciplinary Subcommittee | 103 | 125 |
| District Committee | 1 | 0 |
| Disciplinary Board | 2 | 12 (including “retirements with dignity”) |
| Three-Judge Panel/Circuit Court | 1 | 5 |
Jeff Geiger assists attorneys and law firms with ethics, legal malpractice and professional responsibility matters. If you have any questions about this post or other issues, please contact Jeff at (804) 783-7248 or jgeiger@sandsanderson.com.