Comprehensive Lawyer Regulatory System

Regulation of Legal Profession Process

Historically, the judiciary has long been responsible for the admission of applicants to the practice of law and the regulation of lawyers after they have been admitted to the bar. Currently, in each jurisdiction the court of highest appellate jurisdiction has the inherent and/or constitutional authority to regulate the practice of law, including Guam.

The Supreme Court of Guam adopted the Guam Rules for Lawyer Disciplinary Enforcement and Disability Proceedings (“GRLDEDP”), which became effective on August 1, 2021. These new rules now govern the disciplinary and disability proceedings against members of the Bar of Guam and all attorneys within the Supreme Court’s jurisdiction. Matters before the former Guam Bar Ethics Committee and Office of the Ethics Prosecutor are now transferred to the newly established Comprehensive Lawyer Regulatory System, which includes the Commission on Lawyer Regulation, Office of Regulation Counsel, Investigative Committee, and Hearing Panel. The GRLDEDP recognize and call for public members – in addition to lawyer members, to serve on the Commission, Investigative Committee, and Hearing Panel. Inclusion of public members is consistent with national practice.

As part of the transition with the GRLDEDP and Comprehensive Lawyer Regulatory System, Attorney Alicia Limtiaco became the newly and first-appointed Regulation Counsel. Attorney Limtiaco took office on September 13, 2021.

The GRLDEDP are modeled on the ABA Model Rules for Lawyer Disciplinary Enforcement, which identify best policies and procedures drawn from the collective experience of the nation’s disciplinary agencies. The intent of the GRLDEDP is to enhance the lawyer disciplinary system’s transparency, effectiveness, efficiency and fairness to the benefit of the public, Guam lawyers, and the Court.

Over the years, disciplinary systems nationwide have moved away from what was historically a prosecutorial model of lawyer discipline. The expanded system of lawyer regulation adopted as a matter of national practice, contemplates an expanded role for Regulation Counsel who are responsible for investigating and prosecuting allegations of lawyer misconduct. This expanded role of Regulation Counsel is one that includes the ability to take remedial actions, including through alternatives to discipline programs, or referring complainants to other appropriate component entities in the regulatory system.

Further, on a national level, alcoholism, substance abuse, gambling disorders, and other mental health issues impact the legal profession at higher rates than the general population and some other professions. These issues not only negatively affect and can cause harm to clients and the justice system, but they impact lawyers’ families and those with whom they practice law. The organized bar and the profession nationwide have long recognized the need for resources, strategies and support for lawyers, judges and law students.

The Supreme Court and the Guam Bar recognize that substance abuse, mental health, and other disorders exist in Guam’s legal profession, and that creation of a Lawyer Assistance Program consistent with national practice, is critical. The GRLDEDP create and implement a Lawyer Assistance Program as part of the alternatives-to-discipline program to be operated by the Guam Bar Association.