District Of Columbia Seeks New Disciplinary Counsel

A job listing is now posted for a new District of Columbia Disciplinary Counsel.

 For the first time in the 45 year history of the D.C. Bar, a search firm has been “exclusively retained” to handle the process.

This raises a number of questions that I suspect will never be answered. 

Why is the use of a search firm either necessary or appropriate to select the new Disciplinary  Counsel?

Who selected this firm to oversee the selection process?

What is the cost?

Will the process exclude the views of the staff of the office, which have been considered in the past?

Will the process exclude or screen applicants rather than have that done by the Board on Professional Responsibility and the Court of Appeals?

From the posting

The District of Columbia Board on Professional Responsibility (“D.C. Board on Professional Responsibility” or the “Board”) has exclusively retained Major, Lindsey & Africa to conduct a search for its Disciplinary Counsel to be located in Washington, D.C. Interested candidates please submit your resume and cover letter in MS Word to the recruiters managing this search, Deborah Ben-Canaan at dbencanaan@mlaglobal.com, Michael J. Herald at mherald@mlaglobal.com, or to the MLA recruiter who contacted you about this position, or by submitting your resume to DisciplinaryCounsel@mlaglobal.com. The D.C. Board on Professional Responsibility is an equal opportunity employer.

Overview

The Disciplinary Counsel is responsible for investigating and disposing of all matters involving alleged misconduct by an attorney subject to disciplinary jurisdiction of the Court of Appeals. The Disciplinary Counsel participates in the development and communication of professional standards, directs the investigation of complaints, conducts or directs prosecutions of selected cases, and manages the resources and staff of the office. This position reports to the Chair of the Board on Professional Responsibility.

The position also, if done properly, actually is an independent actor that reports to the Court of Appeals. 

I find that part of the “overview” poorly understands the dynamic between Disciplinary Counsel and the BPR, although it may accurately reflect the BPR’s view. 

 Education:

o A Juris Doctorate from an accredited law school.

o An active member of the D.C. Bar or eligible to become an active D.C. Bar member.

 Required Experience:

o Attorney with a minimum of 15+ years of relevant work experience. o At least 8 years of experience including litigating complex civil and criminal cases and supervising other attorneys in such work.

o Demonstrated leadership and management skills with the ability to develop and manage collaborative business relationships both internally and externally.

o Strong familiarity with information technology systems, with the ability to keep abreast of new technologies.

o Ability to handle and maintain the confidentiality of highly sensitive information

The last time Disciplinary (then-Bar) Counsel was selected, there was a coronation rather than a competitive process.

That Board chose unwisely and there is a huge mess to start cleaning up.

It has thus never been more important to choose the next Disciplinary Counsel in the public interest rather than the interest of the Bar.

While I applaud a broad outreach to interested applicants, the use of an “exclusively retained” search firm is a disquieting start to this vitally important process. (Mike Frisch)