One of the possible unintended consequences of the new mandatory CLE rule is a loss of one of the most-used diversionary programs for first-time offenders with less than “reprimand-worthy” conduct. This may result in a ratcheting-up of the potential consequences of being the subject of a grievance. More work for me and my colleagues, but probably not the best thing for the bar or the lawyer discipline system.
The way our lawyer discipline system works is that the filing of a grievance is a “non-public event.” That means records of the case are available to judges and disciplinary lawyers in the system, but not the public. Only when probable cause is found does the matter become public. That change was made several decades ago in reaction to lawyers’ complaints that unhappy clients could sully their reputations with unfounded complaints that would appear on their public records regardless of their frivolous nature.
