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Welcome To Public Committee on Attorney Conduct

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PCAC Mission

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Formed in 2008, Public Committee On Attorney Conduct reviews both past and present cases brought before the New York State lawyer grievance committees to provide an independent analysis of the facts, and issue proposed findings. With respect to past cases, the committee hears from persons who maintain that they have been treated unfairly and unjustly by the state disciplinary committees.

As part of its initial efforts, PCAC actively seeks documentation of all complaints against any attorneys dating to January 1, 1988. Public Committee On Attorney Conduct includes as members individuals, who through their personal and professional lives have established a reputation of responsibility and fairness.

While attorneys are available to the PCAC as advisers, all voting members issuing formal reports and decisions will be non attorneys.

PCAC is the first such lawyer conduct review organization in the U.S. to be established, organized and controlled solely by non attorneys.

PCAC Background

Litigation Recovery Trust, a New York based rights administration organization, and Integrity in the Courts and Expose Corrupt Courts, two Internet blogs focused on judicial and attorney disciplinary process and procedures, have announced joint plans to form an Ad Hoc Public Committee On Attorney Conduct (PCAC) to oversee the New York State Attorney Departmental Disciplinary Committees. The Ad Hoc bar oversight committee is being headquartered in New York City.

In announcing plans for the new oversight committee, William J. Hallenbeck, executive director of Litigation Recovery Trust, stated that this action was being taken as a direct result of the recent filing of a growing number of federal lawsuits against the statewide attorney grievance committees and their parent organization, New York State Office of Court Administration. Mr. Hallenbeck noted, “Clearly, as suits against the attorney disciplinary committees continue to be filed on a weekly basis, the time has come for a top to bottom review of the fatally flawed process by which attorneys in New York oversee the conduct of other attorneys. We must make sure that the public becomes the controlling part of the lawyer oversight process.”

Since late last year, over a dozen federal suits have been filed with the U.S. District Courts in New York by numerous plaintiffs, citing illegal actions on the part of the various statewide grievance committees (Anderson v. New York State 07 CV 9599 (SDNY). Some suits cite efforts designed to cover up misdeeds on the part of large New York law firms. Other allegations involve the issuing of rulings by the attorney disciplinary committees victimizing both clients and certain attorneys, usually from small firms and sole practitioners. One lawsuit has been brought by a former employee of the Departmental Disciplinary Committee in Manhattan, which charges widespread corruption on the part of the committee, and seeks the appointment of a Federal monitor to supervise the operations of the organization. Subsequently filed lawsuits also seek the appointment of federal overseer.

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Statement of Integrity in the Courts

Frank Brady, chairman of Integrity in the Courts, also issued the following statement:

“On a daily basis, we report on outrageous conduct on the part of the grievance committees in New York State. Well documented complaints of malpractice, personal attacks and even theft, filed by individuals victimized by attorneys, are regularly disregarded and covered up by the ‘ethics’ committees. Other situations involve large law firms using the committees to threaten and harm other lawyers. In short, the attorney grievance review process is corrupt to the core, and in need of immediate replacement by a public review board. The establishment of the Ad Hoc Public Committee On Attorney Conduct is the first necessary step in such a replacement process. Legislative action is also being planned.”

Statement of Expose Corrupt Courts

Expose Corrupt Courts blog issued the following statement:

“The cumulative efforts of our organizations joint efforts recognize that the vast majority of judges are attorneys first, and accordingly, they must be included within this new ethics umbrella that’s being established. “

Statement of Litigation Recovery Trust

In commenting on the structure of the ad hoc committee, LRT Executive Directoor, Mr. Hallenbeck, noted that this will be the first time in the United States that a review body made up entirely of non attorneys will be assembled to oversee the professional practices of lawyers. He added, “By initially establishing a parallel committee structure to the New York State grievance committees, we will have the opportunity to determine that a bar review process made up entirely of non attorneys can achieve the desired result. We should make it clear that our immediate goal here is to create a practical, working model to replace the attorney grievance committees.”

Mr. Hallenbeck also confirmed that efforts have begun to recruit members for an executive board to direct the operations of the Ad Hoc Committee, as well as practice review and public affairs committees. Among those being sought as members are active and retired senior business executives, government officials, educators (primarily business faculty at colleges and universities, as well as law schools), business consultants and clergy, particularly with training in business ethics. Mr. Hallenbeck added, “We are in search of a committee to be made up of members with broad and diverse business experience and expertise, as well as impeccable records of fairness and sound judgment to review breaches of attorney ethics and rulings which can be classified as highly suspect.”   
PUBLIC COMMITTEE ON ATTORNEY CONDUCT - PCAC