N.Y. Comp. Codes R. & Regs. tit. 22 § 806.26

Current through Register Vol. 46, No. 51, December 18, 2024

Section 806.26 - County Bar Association Grievance Committees and Meditation Programs

(a)County Bar Association Grievance Committees.

(1) A County Bar Association which receives a complaint against an attorney shall initially refer the complaint to the committee for action pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7 of this Title).

(2) If the chief attorney, or the committee after investigation, determines that the complaint is a matter involving undue delay in rendering legal services not constituting neglect, a fee dispute to which Rules of the Chief Administrator Part 137 of this Title does not apply, or inadequate representation not constituting professional misconduct, the complaint may be referred back to the County Bar Association for resolution. A complaint submitted directly to the committee may also be referred by the committee or chief attorney to the County Bar Association in the first instance.

(3) The County Bar Association shall complete an investigation and attempt to resolve the complaint within 90 days after receipt of the complaint from the committee or chief attorney. If the County Bar Association is unable to resolve the complaint within this time period, it shall, upon request of the chief attorney, return its complete file to the committee for further consideration.

(4) The County Bar Association shall render a annual report to the committee within 30 days after the end of each calendar year. The report shall contain the names of all attorneys against whom complaints were received or were pending during the preceding year. If a County Bar Association resolves a complaint, it shall forward its complete original file to the committee.

(b)County Bar Association Mediation Programs.

Upon receipt of a complaint submitted directly to the committee, or following referral of a complaint by a County Bar Association, the committee or chief attorney, upon determining that the matter is appropriate for mediation, may refer the complaint to a County Bar Association Mediation Program pursuant to Rules of the Appellate Divisions Part 1220 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.26