If, however, the Chair determines that there is a reasonable prospect of proving unethical conduct by clear and convincing evidence, a complaint is prepared. The complaint is served on the lawyer, who is required to file an answer within 21 days of service. This step begins what is known as the hearing stage. The procedure in disciplinary hearings is similar to that in court trials. A court reporter makes a record of the entire proceeding.
Testimony is given under oath.
Attendance of witnesses and the production of records may be compelled by subpoena. The hearing is open to the public. 2. determines that the lawyer has been guilty of misconduct for which discipline, i.e. , admonition, reprimand, suspension or disbarment, is required. There is no charge for an appeal. The Board may uphold the action of the local committee, reverse the decision and impose discipline or return the matter for further proceedings.