Byte of Prevention Blog

Author: Will Graebe

Tips for Responding to a State Bar Grievance

State Bar Grievance

Few things are more unsettling to a lawyer than receiving a letter from the North Carolina State Bar notifying you of a grievance. Even when you know you have done nothing wrong, a letter from the State Bar can be disconcerting. But take heart. Receiving a grievance does not mean you’ve done anything wrong. In fact, a substantial majority of grievances are dismissed without action. That doesn’t mean, though, that you should take the matter lightly. Even in the case of a frivolous ethics complaint, you will want to provide a thoughtful and well-crafted response.

The State Bar has been kind enough to offer on its website their own tips for responding to a grievance. The Bar recommends the following:

  1. Do not panic.
  2. Do not ignore the letter and the Bar’s request for a response. If you need additional time to respond, ask for an extension from the deputy counsel assigned to the grievance. Failure to respond in a timely manner is itself grounds for the imposition of discipline.
  3. Consider seeking the assistance of counsel in responding.
  4. Provide a full and fair disclosure of all the relevant facts and any pertinent documents. 

I would add to this list the following tips:

  1. Remain objective. Do not engage in personal attacks on the complainant. State Bar attorneys have said publicly that they do not want to see that kind of thing in a lawyer’s response.
  2. Be concise. While it is important to provide a full disclosure of the relevant facts, do not offer unnecessary information. Like all lawyers, State Bar attorneys have busy schedules. They will appreciate your brevity.
  3. Pay close attention to the specific rules that are alleged to have been violated and tailor your response to address each of those rules.
  4. Notify Lawyers Mutual. One of the in-house claims attorneys can assist you in preparing or editing your response. You also have the option of using the Additional Benefit coverage under your policy to seek the assistance of outside counsel.
  5. Learn from this experience. Even if the complaint is ultimately dismissed, it may point to an area worth improving—communication practices, file documentation, billing clarity, or client expectation management. Many grievances arise not from misconduct but from misunderstanding. Taking time to examine what may have prompted the complaint can strengthen your future practice.

Receiving a grievance may never be pleasant, but it doesn’t have to be catastrophic. An objective, professional, and well-reasoned response demonstrates respect for the process and confidence in your own integrity. Most grievances are resolved without further action, but every one offers a chance to reflect on your practice and reinforce habits that prevent future misunderstandings. By approaching the experience with composure, clarity, and care, you not only protect your license, but you also strengthen your professionalism and resilience as a lawyer.

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