Free Lawyers For Accused Lawyers

The District of Columbia Board on Professional Responsibility has amended its policies for compensating lawyers who defend attorneys accused of ethics violations.

An attorney who seeks counsel under the new policy must establish “financial hardship” under standards established by the BPR by filing an ex parte affidavit. The accused attorney then may select counsel who will be paid at the rates established under the Criminal Justice Act with a $25,000 fee cap.

Reimbursement for the work of law clerks, paralegals and investigators is also available.

Unbelievably, free counsel can be obtained before any charges are filed.

Attorneys cannot get free counsel for a reinstatement proceeding or for a reciprocal discipline matter unless the reciprocal matter is joined with other charges.

So far as I am aware, the District of Columbia is the only jurisdiction where lawyers charged with disciplinary violations can get a defense attorney provided free of charge.

Indeed, many jurisdictions impose costs on an attorney found in violation of ethics rules. Heaven forbid D.C. would ever consider imposing costs.

By the way, the representation is not for free. It’s paid by D.C. Bar dues.

Personally, I can think of more appropriate uses for mandatory bar dues.

For starters, we could increase payments under the Clients’ Security Fund to victims of lawyer thefts.

This policy reflects something I’ve long been aware of — the D.C. BPR cares as much (if not more) about protecting accused lawyers than it does about what is supposed to be its reason to exist – protecting the public from unfit lawyers.

Update: In response to a query from a reader of this blog, I wish to make something clear.

I am entirely in favor of an accused attorney having counsel. Indeed, competent defense counsel can play an essential role in assuring a fair process.

I just strongly object to the funding of defense counsel through mandatory bar dues. (Mike Frisch)