The Advisory Committee on Professional Ethics received an inquiry asking whether an attorney may seek or agree, as a condition of settlement of an underlying dispute, that the client not file an ethics grievance with regard to conduct of the attorney in the matter. The Committee finds that such an agreement is prejudicial to the administration of justice and, accordingly, violates Rule of Professional Conduct 8.4(d). An agreement conditioned on the withdrawal of a grievance already filed similarly would violate Rule of Professional Conduct 8.4(d).
Attorney discipline is not a private cause of action or private remedy for misconduct that can be negotiated between an attorney and the aggrieved party. The discipline process furthers public, not private interests: it is not intended to punish the attorney or vindicate the aggrieved party but, rather, “to preserve the confidence of the public in the integrity and trustworthiness of lawyers in general.” In re Wilson , 81 N.J. 451, 456 (1979).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
