Will the Bar Think I'm Guilty if I Hire Ethics Counsel to Defend My Charges?
By Laura Popps
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. Our professional reputations are on the line. We want to appear fully cooperative and demonstrate that we have nothing to hide. But is that 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 experienced ethics counsel increases your odds of dismissal or a favorable resolution, how much should the Bar’s initial perceptions really matter?
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Even so, it’s an understandable question. In my experience on both sides of the disciplinary process, the answer is no. I do not believe hiring an ethics counsel signals guilt. What it does signal is that the lawyer takes the matter seriously.
Of course, one reason a lawyer may take a grievance seriously is because he or she believes exposure exists. But an equally plausible, if not more common, reason is that the lawyer cares deeply about their professional reputation and wants to minimize to their license by navigating a complex, unfamiliar process alone. The disciplinary system can be unpredictable and, at times, counterintuitive. Recognizing that reality is no an admission of guilt; it is an acknowledgment of risk.
I am frequently retained in cases where the allegations are meritless. The lawyer knows it, and I know it. But they also understand that the most effective way to ensure the Bar recognizes that truth is to present it clearly, strategically, and in a manner aligned with the disciplinary framework.
This is precisely why, despite my extensive experience defending grievances, I owuld hire my own ethics counsel if I were ever grieved. I do not believe the Bar would interpret that decision as an admission of guilt. More importantly, the stakes are too high to allow concerns about appearances to drive strategy. I would want the strongest possible defense, and self-representation rarely provides that advantage.
In the end, the decision to retain ethics counsel is a personal one, shaped by many factors. But concern about how the Bar might perceive the mere act of hiring a lawyer should not be among them.
Laura Popps defends Texas attorneys before the State Bar, advises on legal ethics, and handles criminal appeals. A former prosecutor, Laura has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1999. She then served for ten years as Regional Counsel at the State Bar of Texas’ Office of Chief Disciplinary Counsel before founding her own firm. Laura can be reached at laura@poppslaw.com or (512) 865-5185.