Attorney Ethics Problems In New Jersey

Attorney Ethics and Attorney Discipline in New Jersey

Attorneys agree that few experiences are more troubling than receiving a letter from the Attorney Ethics Committee. The feeling is worse if the letter advises that a grievance has been filed against us. Immediately we begin to fear losing our license and damage to our reputations. We cringe about what our friends, family, clients and colleagues will think. Many attorneys, even those who have done nothing wrong, begin to suffer anxiety in the face of ethical charges. Very often, the stress and apprehension cloud our reasoned thinking and affect our daily lives.

In New Jersey, the “Ethics” process usually begins with the filing of a grievance against an attorney, alleging that the attorney has violated one or more of the Rules of Professional Conduct (RPCs) that define proper attorney behavior. Some grievances have little or no merit; others may jeopardize your right to ever practice law, again. A few might land you in jail if they reveal related criminal charges. In either event, you will have an opportunity to offer your defense at a disciplinary hearing.

The Office of Attorney Ethics (OAE), under the auspices of the Supreme Court of New Jersey, is responsible for investigating allegations of attorney misconduct, prosecuting meritorious allegations, and disciplining attorneys found to be in violation of one or more RPC. The RPCs are set out in the NJ judiciary's web site: www.judiciary.state.nj.us/rpc97.htm. Attorney discipline can run the gamut from a private reprimand to immediate disbarment.

Because Ethics is a committee of the Supreme Court, and not the Superior Court, ethics hearings and other procedures take priority over any other Court matters you may have - even a Superior Court criminal trial. All judges will grant your adjournment when they know it is for Ethics. On the other hand, Ethics hearings are not easily adjourned. Ethics deadlines are not graciously extended.

The most common grievances seem to arise under a handful of the RPCs. A short list follows:

RPC 1.1 Competence
  A lawyer shall not:
     (a) Handle or neglect a matter entrusted to the lawyer in such manner that the lawyer's
          conduct constitutes gross negligence.
     (b) Exhibit a pattern of negligence or neglect in the lawyer's handling of legal
          matters generally.

RPC 1.3 Diligence
  A lawyer shall act with reasonable diligence and promptness in representing a client.

RPC 1.4 Communication
     (a) A lawyer shall keep a client reasonably informed about the status of a matter
          and promptly comply with reasonable requests for information.
     (b) A lawyer shall explain a matter to the extent reasonably necessary to permit
          the client to make informed decisions regarding the representation.

RPC 8.4 Misconduct
     (a) violate or attempt to violate the Rules of Professional Conduct, knowingly
          assist or induce another to do so, or do so through the acts of another;
     (b) commit a criminal act that reflects adversely on the lawyer's honesty,
          trustworthiness or fitness as a lawyer in other respects;
     (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; 
     (d) engage in conduct that is prejudicial to the administration of justice;
     (e) state or imply an ability to influence improperly a government agency or official;
     (f) knowingly assist a judge or judicial officer in conduct that is a violation of
          the Code of Judicial Conduct or other law;
     (g) engage, in a professional capacity, in conduct involving discrimination
          (except employment discrimination unless resulting in a final agency or
          judicial determination) because of race, color, religion, age, sex, sexual
          orientation, national origin, language, marital status, socioeconomic
          status, or handicap where the conduct is intended or likely to cause harm.

When you are the respondent in an Attorney Ethics investigation in New Jersey, we can help. We have special expertise with the practical and ethical issues that confront New Jersey lawyers. We understand the human side, as well as the legal side, of ethical grievances against lawyers. Mr. Garfinkle is a former investigator, vice-chair and chair of the NJ Supreme Court District Attorney Ethics Committee (Dist VB). We enjoy helping our colleagues, irrespective of the charge.

Whether you have already received a letter from Ethics or you are concerned about matters yet uncharged, we can educate you and perhaps set your mind at ease. We provide focus and guidance in resolving these matters. If you have any doubt about the wisdom of cooperating with the investigation, read Mr. Garfinkle’s article, “Attorney Ethics in New Jersey - the One No-Brainer.”

Our fees vary. Please contact us 973-275-1313 if you would like an appointment. There is no fee for a consultation.

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• Article: Attorney Ethics Investigations in New Jersey - the One No-Brainer. Read Article...