A
FEW WORDS OF CAUTION
Accusations
in an ethics complaint are just that--accusations. A mere accusation cannot, of
course, be taken to mean that an attorney is guilty of misconduct. The fact that a complaint has been filed
means only that the Chair of the District Ethics Committee or the Director of
the Office of Attorney Ethics, after reading the investigative report, believes
“that there is a reasonable prospect of a finding of misconduct by clear and
convincing evidence.” (See R.1:20-4(a).
Except
for entries that are marked with an "S" code*, readers are cautioned
to not draw any inferences from the fact that an attorney's name is mentioned
on this list. All that such an entry means is that the attorney was accused
of violating the Rules of Professional Conduct. Remember at all times that the
burden is on the ethics authorities to prove their case by "clear and
convincing" evidence.
The
New Jersey Bartender is intended to guide readers to learn more about an
attorney under consideration. If such an attorney is listed, the reader should
consult the source documents (i.e. the complaint, the answer, hearing
panel/master reports and any dispositions entered by the Disciplinary Review
Board and New Jersey Supreme Court) to learn more about the attorney's ethical
history.
By
checking into a matter further, readers may learn that an accused attorney may
have been later exonerated by ethics authorities. This is particularly true
when an older entry with a "C" code* is not followed by a subsequent
entry on the same attorney with an "S" code*. It's very likely in
such a case that the hearing panel decided that there was no or insufficient
evidence of misconduct and dismissed the complaint.
In
any event, an attorney should not be automatically rejected
merely because his or her name appears on the Bartender.
Further,
while we strive to make the Bartender as complete and accurate as
possible, we cannot guarantee that it is error free. Also, even if we were to
do a perfect job in accurately transcribing the official monthly reports from
the Office of Attorney Ethics, there is still the possibility that those
official reports, which only take a monthly "snapshot" of open ethics
matters, are incorrect or incomplete. You are advised to always double-check
with the Office of Attorney Ethics to learn about any entries that may have
missed by the Bartender.
*An
"S" code signifies adjudication of a matter by the New Jersey Supreme
Court or, in some cases, by the Disciplinary Review Board. A "C" code
means that the ethics hearing has been concluded and that a report recommending
discipline or dismissal has been filed with the Disciplinary Review Board.
click here to learn
more about the codes used on the Bartender.