Friday, December 21, 2012

Sanctions For Practice Restriction Agreement

The New Jersey Supreme Court has reprimanded two attorneys and admonished a third for violations of New Jersey Rule 5.6 (agreement restricting right to practice).

Two of the attorneys (a senior and junior) had moved to disqualify the third attorney in litigation. An agreement that violated Rule 5.6 was reached and the motion to disqualify was withdrawn. The attorney who agreed to the restraint on her practice did so because she was unaware of the rule and planned to move to Portugal anyhow. However, the Portugal move fell through.

The junior lawyer got the admonition; the senior attorney that proposed the agreement and the attorney who agreed to it were reprimanded. (Mike Frisch)

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