The present attorney disciplinary system is thought by many to be wasteful, inefficient, and extravagant costing lawyers in excess of $300,000.00 a year in our small lawyer population state. Yet, according to #MarkGifford, only a small percentage of complaints, reportedly less than 5%, result in discipline. Because of these statistics, the public likely believes complaints are being whitewashed. On the other hand, the #WyomingStateBar, the BPR, and the #WyomingSupremeCourt, well aware of public perception and ABA criticism of too little lawyer discipline, either consciously or subconsciously overreact by developing a mindset that reverses the normal burden of proof and by imposing harsh(er) sanctions. Lawyers essentially have to prove their innocence by clear and convincing evidence and small mistakes result in a finding of several violations. As a result, lawyers often refer to the #WyomingStateBar disciplinary system as one where, "no deed goes unpunished." In addition, the disciplinary system focuses on small practitioners and ignores transgressions by friends of bar counsel #MarkGifford and also by large law firms. It is well documented that #MarkGifford overlooks mistakes by those he views as friends and seeks excessive punishment of others.
To restore the public and attorney confidence in the disciplinary system, investigative functions should be turned over to a independent commission. The function of this commission, staffed by lawyers and non-lawyers sitting by appointment, should be to determine if a complaint has merit and, if so, refer the complaint to independent bar counsel. This transfer of the intake and investigative functions of the disciplinary process would not diminish the authority of the #WyomingSupremeCourt because the court's decision making authority would remain intact. At the same time, it would likely save the sate bar several hundred thousand dollars a year in bar counsel costs and that money could provide needed funding for legal services for the poor. If such a process were to be adopted, the public and the attorneys will have a great deal more confidence in the attorney disciplinary system. At the same time, attorneys will be relieved of being squeezed by an overcompensating disciplinary system.
For additional information and investigation, go to www.wyomingbarwatch.blogspot.com.
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