LPRB report emphasizes attorneys’ well-being

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Fiscal year 2019 was solid for the Office of Lawyers Professional Responsibility.

That’s the conclusion of the office in in its recently issued annual report. The office closed more files than it opened, devoted a significant amount of time to lawyer well-being, presented at 72 CLEs, and publicly disciplined 45 lawyers, including eight disbarments. It also participated in the Supreme Court’s Call to Action on Lawyer Well Being.

The annual report is for fiscal year 2019 but most of the statistical information is based on calendar year 2018.

‘21st century vision’

Robin Wolpert, chair of the Lawyers Professional Responsibility Board, said in the report that this fiscal year the office and the board continued to create and execute a “21st century vision of lawyer regulation that protects the public, promotes trust and confidence in the legal profession, and proactively engages with lawyers to enhance the ethical practice of law.”

This proactive approach is intended to promote the ethical practice of law and reduce further incidences of discipline, Wolpert wrote. Its efforts include increased advisory opinions, CLEs and lawyer well-being efforts.

The OLPR also continued its focus on lawyer well-being, devoting additional resources and training to the administration of the probation department, as a large percentage of probationers are under terms relevant to substance use or mental health.

‘High average’

With 45 attorneys receiving public discipline, 2018 was a “high average” year, up modestly from 41 in 2017. (An “average” year is 36.) Six attorneys were transferred to disability inactive status in lieu of public discipline petitions. Typically, one or two lawyers take this status annually. Eight lawyers were disbarred, 23 were suspended and 14 publicly reprimanded, with or without probation.

Diligence and communication remain the most frequently violated rules, most complaints come from clients (followed by opposing parties) and the most frequent areas of practice generating complaints remain criminal and family law, followed by general litigation and probate.

The board issued 117 admonitions, generally having to do with communication, safekeeping property or fees. Admonitions are for cases of isolated and non-serious unprofessional conduct.

In 2018, 29 new probation files were opened, of which 17 were public and 12 were private. Approximately 40% of probations were ordered as a condition of reinstatement to the practice of law.

Files resulting in probation usually have to do with neglect and non-communication, trust account books and records, or conduct prejudicial to the administration of justice. However, probations involving lawyer wellness concerns continue to be on an upward trend. Eight of the new probations in 2018 involved lawyers with mental health issues and/or substance use issues, twice the number from 2017. Seventeen of the new probations resulted from a lawyer’s failure to properly maintain the trust account. Ten of the new 2018 probations involved lawyers with 20 or more years of practice.

There were 63 trust account overdraft notices in 2018, of which 16 resulted in disciplinary files. The most common reasons for opening a disciplinary file are shortages found, significant record-keeping deficiencies, commingling of funds and failure to cooperate. The most common deficiencies were a lack of strict compliance with the rules and a failure to balance the account. There were 54 overdraft inquiries closed in 2018, of which twelve were attributable to bank error.

Attorneys practicing between 11 and 20 years received the most public and private discipline, followed by attorneys with 10 years or fewer of experience. Three attorneys practicing more than 50 years received private discipline. Male attorneys received 78% of public and private discipline.

The LPRB has an annual target of 500 open files and 100 year-old files. It ended 2018 with 145 cases over one year old, although several of the files over the 100 mark involved two attorneys facing multiple complainants. It started out the year with 517 files, received 1,107 complaints during the year, and closed 1,115 files, leaving it with 509.

The office received 2,057 requests for advisory opinions in 2018, compared to 2,051 in 2017. Dissolution/custody was the most frequently inquired about area of law and the most specific areas were client confidentiality, conflicts of interest and withdrawal from representation.