Does the issuance of a Form DB-7 letter, then, mean that Disciplinary Counsel has “prejudged” the complaint?
No. It simply means that, based upon the information currently available to Disciplinary Counsel, it appears that there may be sufficient evidence to prove violations of the Rules of Professional Conduct. If the allegations brought to Disciplinary Counsel’s attention are inaccurate, a well-explained and well-documented statement of position often leads to a dismissal of the complaint. Presentation of mitigating factors and/or case law and other authority relating to the alleged Rule violations may also lead to a favorable outcome. How soon after I file my statement of position will I learn of the disposition of the complaint? There is no easy answer to this question, because so many variables are involved. In my experience, the average length of time between submitting a statement of position and learning of the disposition of the complaint is three or four months. However, I have been notified of dismissals of a complaint in as little as a few days after submitting a statement of posi