• Strange Letters From The Bar

You'll probably be surprised by the initial letter from the Bar.  It will likely state allegations that largely have little resemblance to what actually happened. That's because the Bar investigator will just be repeating what the client said, and client narratives can be wildly divorced from reality.

Rather than objectively viewing the allegations as being just allegations, the investigators too often assume that they are true.  This can be reflected in their questions.  Instead of asking that you respond to the allegations, they will at times actually ask something like, "Why did you misrepresent the situation to the client?"  They haven't yet been trained out of that mind-set.

You should not rely upon the validity of investigators' or Bar attorneys' statements of the law.  Don't assume that they are right. There are many new attorneys and investigators at the Bar who are not sufficiently familiar with the law of ethics.  Also, a lengthy employment at the Bar is not an obstacle to ignorance of the law.

Generally, the Bar will send cut-and-paste requests for information and documentation.  Often, the requests will have nothing to do with what the complaint is about, and it would be very time-consuming to collect and provide the material.  Don't make the mistake of assuming that you must provide everything requested in a Bar letter.

Also, don't be dazzled by the official stationery.  It's just that --- stationery.

• A Common Mistake In Responding To State Bar Disciplinary Investigation Letters (The Irrelevant Boilerplate)

A Bar investigation letter will ordinarily have a paragraph stating the allegations, and, following it will be a list of items the Bar requests that you provide.  Attorneys will often read the allegations, and then only respond to the list of requests.  That is a mistake.  Read the letter carefully. The Bar will be asking for a narrative statement in response to the allegations, and ONLY THEN is the attorney supposed to respond to the numbered items at the end of the letter.

A problem (not a "challenge") is that often the list of requested items --- because the list is generally lazy boilerplate --- will have little relevance to the specific issues of the actual investigation.

Is the attorney nevertheless required to waste a great deal of time gathering and preparing responses to those irrelevant requests?  No. The attorney may respond and provide material that is actually relevant, and, if the Bar for some reason insists upon the "missing" responses, the matter is subject to discussion and a unilateral Bar demand. 

• Another Common Mistake In Responding To State Bar Disciplinary Investigation Letters (Who Complained? Whose Confidentiality?)

Some Bar letters will be about complaints made by opposing parties or opposing counsel or even people entirely unrelated to any particular case.  The Bar will ask for the usual boilerplate list of information and documents with no hint of understanding that it is requesting protected, confidential client information.  Since the client has not complained, there has been no waiver of that confidentiality.  To comply with the Bar's requests would be a violation of obvious (except to the Bar) ethical principles. 

The attorney may take that opportunity to educate the Bar as to disciplinary law.