Defending a New Jersey Attorney Ethics Complaint

The Problem

You Have Been Notified That Allegation of Unethical Conduct Has Been Made Against You. Now, What Should You Do?

Obtain Competent Legal Representation at the Earliest Opportunity

“The Lawyer who represents himself has a fool for a client.” –Abraham Lincoln

Cooperate With Your Counsel

Gather Your Evidence In Defense

Know The Court Rules

Attorney Disciplinary System Governed by Rule 1:20 et al

Know The Rules of Professional Conduct (RPCs)

·Know Your Recordkeeping Requirements Under Rule 1:21-6 et al

Know How To Research Relevant Caselaw.

Trust Your Guidance Shaped By Competent Experience.

Know The Disciplinary Process

STAGES OF PROCESS

The Attorney Disciplinary Process Consists of Stages of Proceeding

The Grievance

Attorney ethics proceedings arise at the filing of a Grievance, where initial allegation of unethical conduct begins. You have a duty to respond timely and cooperate with disciplinary authorities. That duty brings opportunity to participate in the creation of the factual record.

The Investigation Stage

A docketing of The Grievance begins The Investigation Stage, where the record of the matter takes form. Competent legal representation is critical at this stage, where the record created may be treated as evidence of the matter on de novo review by the appellate Disciplinary Review Board (DRB), without proper evidence in defense.

The Hearing Stage

A formal ethics Complaint is filed on the Director, OAE’s discretionary determination of a reasonable prospect of a finding of unethical conduct by clear and convincing evidence. This begins The Hearing Stage.

Failure To Answer The Complaint Timely May Result In Default

Verified Answer To The Complaint

The Complaint filing creates a mandatory duty to file a timely Verified Answer in response. Special considerations attend the concurrent duties to answer and be candid with the Court in defending an ethics case and preparing for The Hearing.

The Disciplinary Review Board (DRB) Stage

If The Hearing results in a finding of unethical conduct, the matter will proceed with rights of appeal before the DRB. This begins The DRB Stage.

The Supreme Court Stage

The New Jersey Supreme Court has final jurisdiction over all attorney disciplinary matters. This is The Supreme Court Stage.

Trust Your Guidance Shaped By Competent Experience.