• 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.