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Clerk Handbooks

Supreme Court Rules




Section/Rule:

7.16

Subject:

Rule 7 - Rules Governing the Missouri Bar and the Judiciary - Establishing and Providing for the Government of the Missouri Bar

Publication / Adopted Date:

January 1, 2023

Topic:

The Missouri Bar Complaint Resolution Program; The Missouri Bar Lawyer-to-Lawyer Dispute Resolution Program – Guidelines

Revised / Effective Date:



7.16 The Missouri Bar Complaint Resolution Program; The Missouri Bar Lawyer-to-Lawyer Dispute Resolution Program – Guidelines

Governance of The Missouri Bar Complaint Resolution Program and The Missouri Bar Lawyer-to-Lawyer Dispute Resolution Program shall be in accordance with the guidelines established for each program and approved by this Court.

THE MISSOURI BAR
COMPLAINT RESOLUTION PROGRAM
GUIDELINES

Pursuant to Rule 5.10, the chief disciplinary counsel's office will refer to the complaint resolution program those complaints it believes may be resolved through an alternative resolution process rather than through formal disciplinary proceedings. Such complaints shall be processed as provided by these guidelines.

The complaint resolution program shall be administered by a five-person complaint resolution committee that will oversee the activities and proceedings in the program. The complaint resolution committee shall be appointed by The Missouri Bar Board of Governors, with the chair designated by the president of The Missouri Bar. The terms of the complaint resolution committee appointees shall be for four years. No committee member shall be requested to serve more than two successive terms.

The panel of volunteers serving the program will be referred to as facilitators. Terms of the facilitators shall be for four years. Facilitators may be reappointed to successive terms provided they agree to serve. Lawyers will be nominated to serve as facilitators by the complaint resolution committee, which will forward names to the Board of Governors for consideration for appointment to the complaint resolution program.

The complaint resolution administrator shall have the duties of maintaining all files received; assignment of facilitators; giving notices; making arrangements for all conferences; record keeping; compiling of reports to The Missouri Bar and chief disciplinary counsel; and handling administrative tasks. The complaint resolution administrator shall be designated by the executive director of The Missouri Bar.

The chief disciplinary counsel will first determine whether the complaint appears appropriate for referral to the complaint resolution program. After a complaint is referred to the complaint resolution program, the lawyer respondent will be asked to file a written answer and give written consent to participate in a resolution conference with a facilitator and the person bringing the complaint. Once the answer and consent are received from the lawyer respondent and the person bringing the complaint has signed a written consent, the complaint resolution program chair or complaint resolution administrator will assign the matter to a facilitator who may solicit further information from the parties and hold a mediation-like conference. Following the conference, the facilitator will prepare an appropriate report to be returned to the complaint resolution program administrator for review by the complaint resolution committee chair, which will be forwarded to the chief disciplinary counsel's office. If the respondent lawyer does not participate, or if there is new information revealed whereby it appears that the respondent has engaged in serious misconduct, the complaint resolution committee shall return the matter to the chief disciplinary counsel. If the complainant does not participate, the complaint resolution committee will refer the complaint back to the chief disciplinary counsel noting such.

The goal of this program is to assist the chief disciplinary counsel in the resolution of grievances and to assure the public and the legal profession that such grievances can be resolved in a just fashion and in accordance with the participation and reasonable expectations of all parties.

In order to keep The Missouri Bar apprised of the complaint resolution program's work, the complaint resolution program will make semi-annual and annual reports to the Board of Governors concerning the progress of the complaint resolution program.

Panel Procedures

Overview Complaints or disputes arising among lawyers concerning financial, property, or professional matters unrelated to any lawyer-client relationship among those lawyers may be submitted to the Lawyer-to-Lawyer Dispute Resolution Program. That complaint or dispute may be:
All complaints and disputes shall be processed as these guidelines provide.

The program shall be administered by a five-person Lawyer-to-Lawyer Dispute Resolution Committee that will oversee the activities and proceedings in the program. The committee shall be appointed by The Missouri Bar Board of Governors, with the chair designated by the president of The Missouri Bar. The terms of the committee appointees shall be four years. No committee member shall be requested to serve more than two successive terms.

The committee shall solicit and maintain a list of Missouri attorneys who will serve as a panel of neutrals. In compiling the list of neutrals, the committee shall consider the following criteria: (1) years of practice; (2) years of practice in Missouri; (3) specific training or experience; (4) specific training provided by The Missouri Bar on the relevant Missouri Rules of Professional Conduct; (5) minority representation, and (6) other relevant factors. The neutrals of the program shall be appointed to four-year terms and may be reappointed to successive terms, provided they agree to serve.

Unless the parties stipulate otherwise, disputes will be assigned to a neutral from outside the parties' geographic regions. For this purpose, the neutral may neither reside nor maintain an office in the county in which any of the parties practice or reside unless the parties, in their agreement for facilitation, agree that the neutral from that geographic region be appointed.

All program proceedings are confidential. All inquiries, all proceedings, and all communications with the committee, the administrator, the parties, and the neutral are not subject to discovery or production in any other forum or for any other purpose. See section 435.014.2, RSMo. Even information as to the identity of the parties and the fact of a dispute is confidential. No neutral or candidate for appointment as a neutral shall disclose to any person any confidential information acquired as a result of or in connection with a complaint or dispute processed under these guidelines except with the consent of the parties or as required by Rule 4-8.3 or other law.

The dispute resolution administrator shall be responsible for maintaining all files received, assigning neutrals, giving notices, making arrangements for all conferences, record keeping, compiling reports to The Missouri Bar and chief disciplinary counsel, and handling administrative tasks. The administrator shall be designated by the executive director of The Missouri Bar. The administrator may delegate program administrative tasks as appropriate and as approved by the executive director of The Missouri Bar.

By participating in the program and submitting to these rules, the parties agree that The Missouri Bar, its agents and employees, and any assigned neutral shall not be liable to any person for any act or omission in connection with any proceeding conducted under these guidelines. The parties further agree that The Missouri Bar, its agents and employees, and the assigned neutral shall have the same immunity from civil suit or claim in connection with any conduct or actions under the proceedings described herein that a judicial officer or body would have in a court proceeding.

The goal of this program is to provide an efficient, private, cost-effective, and voluntary mechanism for resolving economic and professional disputes between and among lawyers. This program is intended to protect the interests of clients and benefit the judicial system, the public, and the profession by preventing additional burdens on an already over-burdened court system.

Procedures

The Missouri Bar offers the parties non-binding facilitation as the preferred mechanism for dispute resolution. In the event that non-binding facilitation is not successful in resolving any complaint or dispute, binding arbitration will be offered. Submission of the dispute to non-binding facilitation shall be a prerequisite to the offer of binding arbitration.

(Adopted May 31, 2022, effective January 1, 2023.)