Verification of Disciplinary History

As part of our good standing checks via bar directory or other means, Docketly searches for disciplinary history on the public record for each attorney in our network. 

Process

Our software does automated scans of bar directories that publish such information looking for the "all clear" sign per state.  If it is not found, the attorney is flagged and a task is created for the Docketly team to review the findings.

Our team reviews to see that we have a positive hit.  If so, the task is escalated to our Compliance Team.  They review the findings against the instructions that they receive from our client law firms and their creditor clients.

The attorney is marked in their attorney profile as having disciplinary history.  This becomes part of their permanent record at Docketly.

Our law firm clients have a compliance setting which indicates whether they have disallowed attorneys with disciplinary history.  If this is on for a client, no attorneys with this disciplinary history in their Docketly record can cover their hearings in the future.  It is prevented at a software level.  Docketly does not even advertise such hearings from such clients to the attorney. 

Any appearances that were created but not appeared on before this finding are reviewed by the Compliance Team and are removed if the criteria is not met.

Ramp Up

As Docketly on boards attorneys, we check disciplinary history so all new attorneys are vetted.

Any existing network attorney that covered prior to this program's implementation may cover a law firm client's hearing.  Upon covering the hearing, our system will then run the disciplinary check to be sure the attorney is clear.  At that point, if the attorney is found to have disciplinary history, the process above takes effect.  The result is that the hearing may be covered for a period of time while our investigation is taking place.

If an attorney gets newly posted disciplinary history, Docketly will become aware once their existing check reaches the 30-day mark and they cover another hearing for any of our clients. At that point, if the attorney is found to have disciplinary history, the process above takes effect.  The result is that the hearing may be covered for a period of time while our investigation is taking place.

Over time, all attorneys will be vetted and marked appropriately.  However, attorneys will continue to make mistakes in their practice and new disciplinary findings will be ongoing.

Exceptions

Occasionally in more rural areas or in extreme circumstances, there may be a situation where many of the local attorneys have disciplinary history.  In those cases, Docketly may reach out to the law firm client and ask if they are interested in waiving the requirement for this attorney.  This is done in the form of a support ticket from the Docketly website so that the action and conversation is traceable.  It is solely up to the law firm client to approve or deny this request.  Docketly has no authority to override this decision.  If waived, a filter (Docketly term for a relationship setting) is placed on this attorney with this client which will allow our software to grant future appearance.  Waivers are not automatically shared across clients, even for the same creditor.

Some states have bar directory websites that may NOT provide attorney disciplinary history. Docketly maintains a list of where good standing is available for each state, whether or not disciplinary information is available there, and if not where to find it or who to contact to get it.