Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionEasy
Attorney Ian, licensed in State R, receives a letter from the state bar disciplinary counsel informing him that a former client has filed a complaint against him regarding a fee dispute. Ian believes the complaint is entirely frivolous. What is Ian's ethical obligation regarding this disciplinary complaint?
- AHe should immediately file a counter-complaint against the former client for harassment.
- BHe is not obligated to respond if he believes the complaint is frivolous.
- CHe must respond truthfully and cooperate with the disciplinary investigation.
- DHe must only respond if a formal hearing is scheduled by the disciplinary board.
Show answer & explanationAnswer & explanation
Correct answer: C. He must respond truthfully and cooperate with the disciplinary investigation.
A lawyer is subject to discipline for knowing failure to respond to a lawful demand for information from an admissions or disciplinary authority. Even if a complaint is believed to be frivolous, the lawyer has an ethical obligation to cooperate and respond truthfully to the disciplinary investigation.
Why the other options are wrong
- A. Filing a counter-complaint for harassment might be an option in some circumstances, but it does not relieve the lawyer of the primary duty to respond to the disciplinary complaint.
- B. Believing a complaint is frivolous does not exempt a lawyer from the duty to respond to disciplinary authorities.
- D. The duty to respond typically arises upon receiving a lawful demand for information, which usually occurs well before a formal hearing is scheduled.
Cooperation with Disciplinary Authority
Lawyers have an ethical duty to cooperate with disciplinary authorities in their investigations, including responding truthfully to lawful demands for information.
- Applies even if the lawyer believes the complaint is without merit.
- Failure to cooperate can be an independent ground for discipline.
- The duty extends to both admissions and disciplinary authorities.
Memory trick: Post-admission, stay in line, or face the bar's design.