Will the Bar Think I'm Guilty if I Hire Ethics Counsel to Defend My Charges?

I get asked this question fairly often: “If I hire a lawyer to represent me in my disciplinary proceedings, will the Bar see it as an indication that I’m guilty of the charges?”

It’s a fair question, given that our professional reputation is on the line.  We want to appear fully cooperative and show we have nothing to hide.  But is it ultimately the right question?  Perhaps the better question is, “What is the surest way to get this case dismissed or resolved for the lowest possible sanction?” In other words, if hiring an experienced ethics counsel increases your odds that the case will be dismissed or favorably resolved, what does it matter what the Bar’s initial perceptions may be?

However, it is a legitimate question, and one that deserves a direct answer.  And the answer is no, based on my extensive work on both sides of the disciplinary process, I can honestly say I do not think that hiring an ethics attorney signals a lawyer’s guilt of the charges.  What it does signal is that the lawyer takes the matter seriously. One reason a lawyer may take the matter seriously is because he or she is guilty.  But an equally plausible, if not more prevalent, reason why a lawyer would do so is because they care deeply about their professional reputation and desperately want to avoid any damage to that reputation by representing themselves in a process they do not understand.  

I am frequently hired on cases where the charges are meritless. The lawyer hiring me knows this and I know this. But the lawyer also knows that the best way to ensure the Bar knows this, is to hire someone experienced in navigating the unpredictable and often counter-intuitive disciplinary process. They would rather risk any negative perceptions up front, knowing that the truth will be presented in a way that ultimately eliminates those perceptions and gives them the best chance at defeating the allegations. 

This is why, although I have extensive experience defending grievances, I would hire my own ethics counsel if I were grieved. First, I don’t think the Bar would see it as an indication that I am guilty.  But more importantly, the stakes are too high to worry about perceptions.  I would want to ensure that I had the best possible defense to the charges, and self-representation rarely provides this. 

In the end, it is a personal decision whether to hire ethics counsel to defend you against a grievance.  There are many factors that may feed into this decision, but don’t let your concern about the Bar’s perceptions be one of them.