Rule proposal designed to assist 'disruptive' lawyers.
A rule to divert disruptive lawyers from the Bar's grievance process into evaluation and treatment programs designed to address their problems has been presented to the Board of Governors.
Disciplinary Procedure Committee Chair Bruce Robinson unveiled new Bar Rule 3-5.5 at the board's January meeting. It will be voted on at a future meeting.
"It is a different approach to disruptive lawyers," Robinson told board members, encouraging them to carefully review the rule.
The rule sets standards for diversion and specifies what type of conduct will qualify.
Specifically, the rule says: "This rule is applicable to lawyers who have not been adjudged incompetent and who exhibit conduct disruptive of the judicial process and an inability to practice law with reasonable skill and competence, an inability to practice law with reasonable skill and competence alone, or who engage in behavior that a lawyer of ordinary prudence would consider inconsistent with professional standards and norms. Examples of this type of conduct include, but are not limited to:
"(1) a pattern of filing vexatious pleadings;
"(2) consistent inappropriate, impulsive, or angry outbursts within the legal process;
"(3) repetitive disrespectful, derogatory...
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