DB-7’s and Disciplinary Representation
/ 10.Feb, 2017
A lawyer confronted the the threat of discipline should have legal representation. Contact by disciplinary counsel should be treated as serious. A “DB-7” from disciplinary counsel is part of an investigation and can lead to formal proceedings. The DB-7 is sent once disciplinary counsel believes a violation of a Rule of Professional Conduct or Rule of Disciplinary Enforcement may have occurred. Self-representation is risky. It is important to submit a well-presented response to a DB-7 along with a statement of position. A well-presented submission can convince disciplinary counsel not to proceed. The assistance of a lawyer is usually necessary to prepare an effective written response.
Disciplinary representation is a niche practice. Only a lawyer conversant with the Rules of Professional Conduct and the Rules of Disciplinary Enforcement can capably serve a client facing discipline. Jeff McCarron will tell you that disciplinary matters are unlike any other litigation or disputed matter a lawyer has encountered. Disciplinary proceedings are unique because they have the features of a criminal case where disciplinary counsel ac ts as the enforcement officer without the protections that accompany criminal proceedings. Disciplinary counsel serves as an investigator and prosecutor for violations of the ethics rules. Disciplinary procedure is controlled by the Rules of Disciplinary Enforcement. Properly handed, disciplinary representation employs strategies used for representation for criminal cases and civil cases. Where possible, the objective of representation is to end the matter at the DB-7 stage and avoid formal proceedings.
Swartz Campbell has the resources for effective representation. Jeff McCarron and other lawyers of Swartz Campbell’s professional liability group are knowlegable and experienced in disciplinary defense. They are career-long defense lawyers. They are not former disciplinary counsel adjusting to defense representation. Lawyers facing discipline should have Swartz Campbell to assist them. For more information on this subject, please contact Jeffrey McCarron at firstname.lastname@example.org or 215-299-4376.