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.

(ljs)

http://lawprofessors.typepad.com/legal_skills/2011/08/in-settling-a-dispute-with-a-client-a-lawyer-cannot-ask-the-client-to-forswear-filing-an-ethics-comp.html

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