Grievance Disclaimer

Before filing a grievance, PLEASE READ!

• The New Hampshire Supreme Court Attorney Discipline Office processes complaints against attorneys when there are allegations of professional misconduct. By “professional misconduct,” we mean conduct that violates the Rules of Professional Conduct that govern a lawyer’s ethical duties. Before filing a grievance, you are encouraged to review the Rules of Professional Conduct, which are available at https://www.courts.nh.gov/new-hampshire-rules-professional-conduct. When filing a grievance, you are encouraged to identify the Rule of Professional Conduct that you believe the lawyer violated and, when possible, provide documentary evidence supporting the allegation(s).
• The Courts, and not the Attorney Discipline System, serve as the appropriate forum to address disagreements that you may have with a lawyer concerning disputed facts or the law. Specifically, the Attorney Discipline Office is unlikely to docket a matter as a complaint absent a Court order finding that a lawyer has knowingly or intentionally misrepresented a fact or the law, or clear and convincing documentary evidence of such.
• Your belief that a lawyer’s legal position is meritless or frivolous (i.e., that the position is weak or will not prevail) does not, without more, serve as grounds for a grievance. Specifically, the Attorney Discipline Office is unlikely to docket a matter as a complaint absent a Court order finding that a lawyer has taken a position that is without merit or frivolous, or clear and convincing documentary evidence of such.
• Absent limited exceptions, a grievance will not be docketed as a complaint if it is filed more than two years after the alleged misconduct’s occurrence. See NH Supreme Court Rule 37A(I)(i)(1) (Period of Limitation).
• Absent limited exceptions, the Attorney Discipline System lacks jurisdiction over non-lawyers and Judicial Officers (i.e., Judges). See NH Supreme Court Rule 37(1)(b) (Jurisdiction).
• To the extent that you are not the client of the lawyer about whom you are filing a grievance, the Rules of Professional Conduct that potentially apply to the lawyer’s conduct towards you are limited. For example, Rule of Professional Conduct 1.4 (Client Communications) is not implicated based on an opposing lawyer’s failure to communicate with you within what you believe is a timely manner.
• The Attorney Discipline System has jurisdiction over individual lawyers but does not have jurisdiction over law firms as an entity. If you file a grievance against a law firm as opposed to an individual lawyer, the grievance will be dismissed for lack of jurisdiction. See NH Supreme Court Rule 37(1)(b) (Jurisdiction).
• The Attorney Discipline System does not have the authority to award money, resolve fee disputes, or affect the underlying case. The Courts and/or the New Hampshire Bar Association’s fee dispute resolution committee are the appropriate entities to address these issues.