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.


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