Wednesday, August 31, 2011
In Settling a Dispute With A Client, a Lawyer Cannot Ask the Client to Forswear Filing an Ethics Complaint
Lawyers may not ask their clients to forswear filing an ethics complaint as a condition of settling an attorney-client dispute, the New Jersey Supreme Court's ethics committee has advised (New Jersey Supreme Court Advisory Committee on Professional Ethics, Op. 721, 6/27/11).
“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 committee explained.
See U.S. Law Week online. I wonder how this ruling would apply to a nondisparagement clause in a letter of engagement or a law firm’s employment contract.