Disciplinary Prosecution by the Office of the General Counsel

(Rules 4-209 through 4-217)

Once the Board has made a probable cause finding and referred a matter for hearing before a special master, the case goes back to the Office of the General Counsel for prosecution. The Bar files a complaint in the Supreme Court of Georgia and the Supreme Court appoints a special master to serve as judge. At this point all proceedings in the case are public.

The complaint must be served on the respondent lawyer, who has 30 days to file an answer. The case proceeds through discovery, just like a civil case in court. The person who filed the grievance is usually a witness at any hearing in the case. Many cases are resolved with the Respondent lawyer filing a Petition for Voluntary Discipline, which requires that the lawyer admit to engaging in conduct that violates the rules.

After a case is resolved through a voluntary petition or with a hearing, the special master issues a report and recommendation that contains findings of fact, conclusions of law and a recommendation of discipline. That recommendation may be reviewed by a Review Board, which upon request of the Bar or the Respondent may review the special master’s findings for errors.

Click here for more information regarding the Supreme Court of Georgia and Attorney Discipline.