By now, most attorneys should be aware that failure to cooperate with a disciplinary investigation, conducted either by the Office of Lawyers Professional Responsibility or by a district ethics committee on the Director s behalf, can be an independent basis for professional discipline. On average, half a dozen attorneys are privately disciplined for non-cooperation annually. In addition, each year several public petitions include a charge of non-cooperation in conjunction with other serious misconduct.
Cooperation is mandated, but it is wise tactically, too.
Respondents in public disciplinary cases frequently proclaim their cooperation with the disciplinary investigation in mitigation. The Court has occasionally acknowledged this claim as valid. Thus, cooperation can only help a disciplinary respondent. Lack of cooperation, however, can still result in serious discipline in the right situation. The ghost of Cartwright One pending case and a recent decision by the Director s Office reveal some variations on this theme and are worth reporting more widely.