Disciplinary Grievances Against Practitioners - page 1

Disciplinary Grievances against Practitioners at the
U.S. Court of Appeals for Veterans Claims (2010-2015)
Introduction
This Compendium illustrates the types of circumstances that have led to grievances and
disciplinary proceedings at the Court. Practitioners should refer to the Court's Rules of Practice
and Procedure ("P&P Rules"), E-filing Rules, Rules of Admission and Practice ("A&P Rules"),
and the ABA's Model Rules of Professional Conduct ("Model Rules") for the rules and
professional standards to which they must adhere.
See
Rule 4(a) of the A&P Rules.
Between January of 2010 and June of 2015, thirty-nine grievances were filed. These
grievances involved thirty-two members of the Court's bar, including the private bar and VA
attorneys. Of those grievances, nine led to discipline or the practitioner's resignation from the
Court's bar. Where the Court administered discipline, the consequences included private
admonitions, public reprimands, suspensions of various lengths, and disbarment. Some of these
grievances resulting in discipline were reciprocal discipline cases. Although thirty of those
proceedings did not result in discipline or are still under investigation, in each case referenced
herein the practitioner involved was required, at a minimum, to respond to orders of the Court as
to the nature of the grievance. Approximately 7.6% percent of the practitioners conducting
regular or active practice before the Court (i.e., appearing in ten or more cases at the Court since
2010) were the subject of an attorney grievance between 2010 and 2015. The previous version of
this Compendium ended in August 2013.
GRIEVANCES BY CATEGORY SINCE 2010
GRIEVANCE TYPE FREQUENCY DISCIPLINE
Candor to the Court
4
0
Communication
6
2
Competence
15
3
Fees
4
1
Privileged Communications
1
0
Professionalism
9
3
Supervisor Responsibility
0
0
1 2,3,4,5,6,7,8
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