What Happens If Your Case Is Referred to the Disciplinary Hearing Commission?

***THIS POST IS PART OF A SERIES DESIGNED TO HELP NORTH CAROLINA ATTORNEYS BETTER UNDERSTAND THE NORTH CAROLINA GRIEVANCE PROCESS. STAY INFORMED ABOUT YOUR RIGHTS, RESPONSIBILITIES, AND WHAT TO EXPECT AT EACH STAGE***

If a grievance against you leads to formal charges, your case will be referred to the Disciplinary Hearing Commission (DHC), an independent tribunal that conducts trials in lawyer discipline and disability cases. Here’s what you need to know about the process and what to expect:

1. Formal Complaint and Response

Once your case reaches the DHC, the State Bar will file a formal complaint outlining the alleged rule violations. You will receive this complaint and have an opportunity to file a written response, typically within 20 days. It is highly advisable to have legal counsel at this stage.

2. Pre-Hearing Procedures

Before the trial, both parties engage in pre-hearing activities such as discovery, where evidence is exchanged, depositions may be taken, and motions can be filed to resolve legal issues in advance.

3. The Formal Ethics Trial

The trial itself follows procedures similar to a court trial:

  • The case is heard by a panel of the DHC, typically composed of lawyers and at least one non-lawyer.
  • The State Bar presents evidence and witnesses to prove the alleged misconduct.
  • You (or your attorney) will have the opportunity to cross-examine witnesses, present your own evidence, and argue your case.
  • Both sides may make closing arguments before the panel deliberates.

4. Possible Outcomes

After the hearing, the DHC issues a written decision, which may include:

  • Dismissal – If no violations are found, the case is dismissed.
  • Reprimand or Censure – Public discipline but no suspension of your law license.
  • Suspension – Your law license is suspended for a defined period, with possible conditions for reinstatement.
  • Disbarment – In the most severe cases, the panel may revoke your law license.

5. Appeals

If you disagree with the DHC’s ruling, you may have the right to appeal the decision to the North Carolina Court of Appeals.

Facing the DHC can be daunting, but understanding the process and preparing thoroughly can help. If you receive notice that your case is being referred to the DHC, it’s crucial to seek experienced legal counsel immediately.