Report Concerning Discover in Disciplinary Proceedings as adopted by the NYSBA’s Committee On Professional Discipline

SUMMARY

The Committee on Professional Discipline commented on a report issued by the New York State Bar Association’s Committee on Attorney Discipline with regard to discovery in attorney disciplinary proceedings. These issues currently are being considered by the Commission on Statewide Attorney Discipline, which was appointed by Chief Judge Lippman. Four of the State Bar recommendations dealt with providing the attorney respondent access to various materials, and the fifth had to do with permitting, for good cause shown and in appropriate circumstances, the lawyer to request a Referee to permit the depositions of the complainant and any fact witness or expert that the Disciplinary Counsel intends to call. The City Bar Committee agrees with all five of the recommendations made in the State Bar Report, subject to several understandings and comments that are set forth in the Committee’s report.