Bar Rules

RULE 14-6.3 RECOMMENDATIONS AND DISPOSITION OF COMPLAINTS

State Bar Programs / Part XIV - Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law / 14-6. PROCEDURES FOR INVESTIGATION / RULE 14-6.3 RECOMMENDATIONS AND DISPOSITION OF COMPLAINTS

(a) District Committee Action. Upon concluding its investigation, the District Committee shall forward a report to staff counsel regarding the disposition of those cases closed, those cases where a cease and desist affidavit has been accepted, and those cases where litigation is recommended. A majority of those present is required for all District Committee recommendations; however, the vote may be taken by mail, telephone, fax, e-mail or other means rather than at a formal meeting. All recommendations for litigation under these rules shall be reviewed by the Standing Committee for final approval prior to initiating litigation.

(b) Action by Staff Counsel. Staff counsel shall review the disposition reports of the District Committee. If staff counsel objects to any action taken by the District Committee, staff counsel shall forward such objection to the District Committee within 10 business days of receipt of the District Committee report. Staff counsel shall place the action and objection before the Standing Committee for review at its next scheduled meeting. The Standing Committee shall review the District Committee action and the objection, and shall vote on the final disposition of the case. Once a case is closed or a cease and desist affidavit is accepted by the District Committee or by the Standing Committee, staff counsel shall inform the complainant and, if contacted, the respondent of the disposition of the complaint.



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