Final Proof Before First Look

The Bar’s published process says an attorney in the Office of the General Counsel screens each grievance for whether sufficient information exists to show a violation. In its own words, the office may dismiss grievances for “insufficient evidence that the lawyer violated the Georgia Rules of Professional Conduct.”

The burden to impose discipline is clear and convincing evidence. That is the standard for the end of the process, after investigation.

In my matter, the answers reached for that final burden without ever identifying the threshold for taking the first investigative step.

If the first look already demands final proof, there is never a first look.

A screening standard that requires proof of the violation before anyone investigates the violation closes the door before it opens.