The Attorney Discipline Hearing Process
What happens after I respond to the DB-7?
ODC will review your response and either close the matter, issue private discipline (informal admonition or private reprimand), or open a formal investigation. If the matter proceeds to formal investigation, ODC will conduct interviews and gather additional evidence before deciding whether to file a Petition for Discipline.
Are disciplinary proceedings public?
It depends on the stage. Informal admonitions and private reprimands are not public. However, once an Answer to a Petition for Discipline is filed, the proceedings become public — even if the matter is ultimately dismissed. This means that the reputational risk of allowing a matter to reach the formal charges stage is significant, regardless of the outcome.
What does a formal disciplinary hearing look like?
Formal hearings are conducted before a Hearing Committee of the Disciplinary Board — a panel of three attorneys. The hearing resembles a bench trial: both sides present evidence, examine witnesses, and make legal arguments. A court reporter transcribes all proceedings. The Hearing Committee then issues a report and recommendation to the full Disciplinary Board.
How long does the disciplinary process take?
There is no time limit under the rules, and the process can be lengthy.
What are the possible outcomes of a disciplinary proceeding?
Outcomes range from outright dismissal to private discipline (informal admonition or private reprimand) to public discipline including public censure, probation, stayed suspension, suspension of up to five years, or disbarment of at least five years. The Pennsylvania Supreme Court has final authority over all suspensions and disbarments. Any suspension of more than one year or disbarment requires a separate formal reinstatement proceeding before the attorney may return to practice.
