Attorney Grievances: The Fight for Confidentiality
6.24.2025
By Rolando T. Acosta, Dante W. Apuzzo, and Catherine Perez
New York Judiciary Law Section 90(10) mandates that all disciplinary proceedings be closed to the public unless and until public discipline is imposed. This longstanding policy of confidentiality for disciplinary proceedings and documents, rooted in the history of New York’s bar, limits the reputational harm to attorneys subjected to unfounded complaints, promotes trust in the legal profession, encourages the participation of witnesses, and prevents the disclosure of privileged and sensitive personal information.
This disciplinary scheme has operated effectively in New York for the past 80 years. Over that time, the four departments of the Appellate Division have maintained oversight of attorney discipline, balancing the competing rights of privacy with the public’s right to access. In the hands of the grievance committees, attorney discipline imposed under the Judiciary Law has deterred improper and unethical attorney conduct while protecting the public and preserving the integrity of the judicial system as a whole…