You got an ODC Letter. Now What?
Few things are more stressful than getting an investigation letter from the Office of Disciplinary Counsel (ODC). For many lawyers, it’s the most stressful moment of their career. It’s easy to understand why: an ODC letter means that your law license—and everything you've worked so hard to achieve—is at risk.
There’s no way to make the ODC process “painless”—it’s anxiety-inducing even under the best of circumstances—but there are ways to limit the stress of the experience. This article discusses a few of them.
Understand the Purpose of the ODC Investigation Letter
Lawyers often incorrectly assume that an ODC investigation letter is like an indictment or FBI “target letter”—that it means the lawyer has been, or will soon be, formally charged. But this is not the case.
An ODC investigation letter simply means that ODC has received a complaint that meets the standard for investigation under Rule 13 of the Disciplinary Board Rules. This standard is low: if the complaint alleges facts that, if true, indicate a violation of the Hawaiʻi Rules of Professional Conduct, ODC must investigate. And, as part of its investigation, ODC must give the respondent lawyer the opportunity to respond—hence, the investigation letter.
So, an ODC investigation letter is not an indictment or “target letter.” It doesn’t mean you’ve been charged with anything or that ODC even believes you are guilty. Instead, the letter’s sole purpose is to notify you that someone filed a complaint against you that met the Rule 13 standard, and that you have the right (and duty) to respond.
Avoid Common Mistakes
Submitting a Low-Quality Response
If you only take one thing from this article, let it be this: the quality of your response to ODC’s investigation letter often determines the outcome of your case. Here’s why:
Like many government agencies, ODC does the best it can with limited resources. When I was a prosecutor there, my colleagues and I each had 100+ cases on our plates—and that was in addition to our ongoing formal proceedings, trials, CLE content we were developing. To manage such a heavy caseload, ODC prosecutors must quickly determine which cases will be easier to write up for disposition and which will require more time and energy. The easier cases naturally get written up first.
Accordingly, a high-quality response—one that’s concise, compelling, and answers only the questions asked—builds credibility and signals to the prosecutor that the case will be an easy write-up.
A response that’s poorly organized, rambles, or addresses unnecessary issues damages your credibility and increases the chances that your case will find its way into the “complex case” pile. Such responses are also more likely to lead to discipline, as they tend to raise additional issues for investigation.
A lingering ODC investigation can cause serious problems for your career. Lawyers with pending disciplinary matters often find it difficult—if not impossible—to gain regular or pro hac vice admission to another jurisdiction. This can affect your ability to expand your practice to a new jurisdiction, move somewhere you’re not licensed, or even co-counsel a case in another jurisdiction.
A pending disciplinary complaint could cause your malpractice insurance to raise your premiums or drop you altogether.
There’s also the psychological cost—for you, your family, your law partner—of having an ODC complaint hanging over your head. Given these risks, it’s essential to hire an experienced ethics lawyer to help you craft the strongest possible response to ODC.
Hiring an experienced ethics lawyer can also help alleviate the psychological stress of responding to an ODC complaint. I’ve worked on high-stakes ODC matters as both a prosecutor and a defense attorney. I understand the intricacies of the disciplinary system and how a prosecutor is likely to view your case. I’ll answer your questions, discuss your options with you, and give you a realistic perspective on your case. That way, you can confidently delegate the stress of your ODC matter to me and get back to focusing on yourself, your family, and serving your clients.
Don’t Forget: ODC is Not Your Friend
Your response to ODC must be truthful and candid, but don’t overshare. The disciplinary process is quasi-criminal. Anything you say can—and will—be used against you. Every unnecessary detail you provide is another “thread” for ODC to tug on.
When I was an ODC prosecutor, I frequently received responses that included gratuitous details or answered questions we hadn’t asked. These responses often caused the investigative staff to pursue lines of inquiry that we hadn’t previously considered, delaying resolution of the case and sometimes leading to the discovery of information that resulted in formal prosecution. An experienced ethics lawyer can help you decide what details are essential to include in your response and which ones are likely to cause ODC to dig deeper.
Don’t Wait to Hire Counsel
Many lawyers’ biggest mistake is hiring counsel too late. As discussed, ODC cases are often won or lost on the respondent’s initial response. It makes sense to hire an experienced ethics lawyer early in the process, so that you submit a response that maximizes your chances of obtaining a favorable outcome.
Many lawyers wait to hire counsel for financial reasons. This is very often a mistake. Legal ethics is a specialized field, and people—even lawyers—are rarely able to see their case objectively. If you try to represent yourself, you may make a mistake that can’t be fixed. And that mistake could have disastrous consequences for your life. Don’t gamble with your career.
What to Look for in a Lawyer
When hiring a lawyer to defend you in an ODC matter, look for someone with substantial experience in legal ethics and discipline defense—preferably someone who specializes in the field. The lawyer disciplinary process is quasi-criminal in nature. There’s simply too much at stake to go with someone with no experience, or limited experience, in legal ethics.
Contact Little Today
At Little, legal ethics is all we do.
We advise and defend lawyers and law firms of all types—from large, national firms to small firms and solo practitioners. No client’s too big and no problem’s too small.
I bring a unique perspective to my clients’ cases. I’ve worked on both sides of the lawyer discipline system. As mentioned above, I spent several years as an ODC prosecutor. While there, I supervised investigations, first-chaired trials, and handled briefing and oral argument on appeal. Since entering private practice, I’ve represented dozens of lawyers in disciplinary matters in Hawaiʻi and California. I’ll help you navigate the ODC process and work towards the best possible outcome for your case.
If you need ethics help, call Little.
