Monday, November 21, 2011

Complainant Cannot Compel Bar Counsel Action

In a case styled In the Matter of a  Request for an Investigation of Attorneys, the Massachusetts Supreme Judicial Court held as follows:

The petitioner appeals from a judgment of a single justice of this court dismissing her petition for relief in the nature of mandamus. She sought an order compelling the Board of Bar Overseers to cause the Office of the Bar Counsel to reopen disciplinary proceedings against several attorneys as to whom she had filed one or more grievances. Her petition was correctly dismissed for the reason stated by the single justice: "A complainant ... cannot commence a judicial action challenging bar counsel's decision and seek a judicial order compelling bar counsel to act in a certain way. There simply is no such private right of action." Matter of a Request for an Investigation of an Attorney, 449 Mass. 1013, 1014 (2007).

(Mike Frisch)

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