A few days ago Judge Richard Posner, for a panel of the 7th Circuit, threw out a class action settlement regarding claims related to Pella windows.  Decision.  What the lawyers have done in the case and the fees they claimed is shocking.  In situations like this one wonders whether the local bar discipline process will step into the situation and process grievances against the lawyers involved.

This complaint is interesting.  See Attorneys face discipline for DUI setup during shock jock trial.  Fox June 3, 2014.  Looks like the whole firm was involved.  How does the attorney discipline system work in Florida?   — Florida Bar and its Department of Attorney Regulation.

NYU Prof’s Study Calls NY Attorney-Discipline System ‘Broken’ by Pete Brush Law360, New York (May 23, 2014, 5:32 PM ET) — New York’s attorney-discipline process is cloaked in secrecy and its outcomes vary widely between the state’s four appellate divisions, which administer cases, according to a new study, made available Thursday, that calls the system “disturbing” and “broken” and calls for changes. The study by New York University Law Prof. Stephen Gillers, an expert on legal and judicial ethics and the regulation of the legal profession, flatly concludes that the system is “deficient in design and operation” and “fails the …

RPC 5.1 says: (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct. (b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct. (c) A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct …

On June 12, 2014, the Bangor Daily News reported that a Maine lawyer has been disciplined for not taking action to stop foreclosure proceedings he was involved in which were based upon faulty, robo-signed affidavits. Decision and Order of the Maine Board of Overseers of the Bar.

The Supreme Court of Tennessee recently confronted the issue of whether the state’s lawyer discipline system violated due process.  See Long v. Board of Professional Responsibility,  “Long contended that Rule 9 is unconstitutional and violates his due process rights because Rule 9 combines investigative, enforcement, and adjudicative authority in the same agency; creates a financial incentive for the Board to pursue formal disciplinary proceedings; and gives rise to an institutional bias in favor of finding guilt and imposing discipline.”  The court said that “[b]ecause the investigatory/enforcement responsibilities and the adjudicative responsibilities are functionally separate within the Board, Rule 9 does …

The Washington State Bar Association has, as one of its primary purposes, the discipline of lawyers who practice law in the state of Washington.  Over 35% of the WSBA’s budget, each year is devoted to the Washington Lawyer Discipline System. The Washington Lawyer Discipline System has two main parts:  Prosecution and adjudication.  Both parts are controlled by the WSBA.  That is to say, the WSBA is in command of the prosecution of errant Washington lawyers and the adjudication of the WSBA prosecutions.  WSBA lawyer sanctions consisting of either suspension or disbarment may be appealed to the Washington State Supreme Court.