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Calif. Bar Considers Attorney Misconduct Web Posts Getting the details on attorneys accused of misconduct may become much easier if a controversial proposal by the State Bar of California wins approval. The California bar association is considering a plan to post charges of misconduct against attorneys -- prior to an adjudication -- on its Web site in order to give the public easier access to the information. While the bar association asserts that it is simply making information already available to the public easier to obtain, opponents argue that posting misconduct charges before a court decision will have a prejudicial impact on attorneys. The proposal, which currently is open for public comment, calls for the State Bar of California to post misconduct charges on attorneys' profiles that appear on the association's Web site. The bar group would post the charges after an investigation by a grievance committee, which determines whether probable cause exists to pursue the allegations. The information currently is available to the public, but "is very difficult to find," said Scott Drexel, State Bar of California chief trial counsel. Members of the public seeking information about charges against attorneys must make a request for documents, which can take 10 days to two weeks to fulfill, he said. "It should be much more readily available," he said. Among those opposing the plan is attorney David Carr, a member of a respondents defense bar, a group of about 25 California lawyers who represent attorneys charged with misconduct. "The practical impact is going to torpedo a lawyers' reputation before the charges have been tried," Carr said. "There is something different when it can be so easily taken out of context and disseminated." California's plan is not common. New York does not post misconduct charges, but does provide links to obtain decisions regarding charges. The Florida Bar posts formal complaints and other documents related to grievance proceedings, but does so only after an adjudication. The Illinois Attorney Registration and Disciplinary Commission posts misconduct charges after a determination of probable cause, but for only 60 days. The manner in which consumers can obtain information about attorney misconduct charges varies widely from jurisdiction to jurisdiction, said James Grogan, deputy administrator and chief counsel of the Illinois Attorney Registration and Disciplinary Commission. "Usually it's a matter of public record, but good luck trying to find it," he said.
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A Feast
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