Lawyers across the nation are increasingly confronted by the chilling prospect of being accused of misconduct. Over the last six years in Ohio, for example, 44,687 grievances or allegations of misconduct were raised against lawyers. In 1997 alone, 7,485 grievances were lodged against 45,156 registered Ohio practitioners. Although the vast majority of these grievances were dismissed as frivolous, not raising a question of ethical misconduct, or not supported by probable cause, many nevertheless cost lawyers valuable time, effort, resources, and most importantly, peace of mind.

Grievances become formal complaints when either a certified grievance committee or Ohio's Disciplinary Counsel finds probable cause to believe that an attorney's conduct violates the Ohio Code of Professional Responsibility (“OCPR”) and a probable cause panel of the Ohio Board of Commissioners on Grievances and Discipline (the “Board”) certifies the complaint. At this point, a trial committee is appointed to prosecute the complaint and the process is open to the public. From 1992 through 1997, a total of 570 certified formal complaints against Ohio lawyers resulted in fines, public reprimands, definite and indefinite suspensions, and disbarment.

A significant decline in complaints against lawyers is unlikely, given the growing demand for legal services, because of the ever-increasing regulation and sophistication of society, the steady flow of new lawyers to the bar, and the heightened public concern for accountability, especially of privileged members of a self-regulated profession. Because all lawyers are vulnerable to complaints, it is important to understand the standard of proof that is required before one is found guilty of and disciplined for misconduct.