New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter C - Third Judicial Department
Article 1 - Appellate Division
Subarticle B - Attorneys
Part 806 - Conduct of Attorneys
Section 806.26 - County Bar Association Grievance Committees and Meditation Programs
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 806.26
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
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