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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


New Jersey Disciplinary Rules of Professional Conduct

Comment - Rule 3.3

The Court has made two revisions to ABA Model Rule 3.3, which rule the Debevoise Committee recommended for adoption. One, the provisions of subparagraph (a)(2) are made applicable to "illegal" acts by clients, not just "criminal" and "fraudulent" acts. And, two, subparagraph (a)(5) has been added, which provides that attorneys shall not fail to disclose material facts that are likely to mislead the tribunal if counsel were to remain silent. This applies both to facts that are at issue in the case as well as facts relating to the management of the case. An attorney has an obligation to be candid and act with good faith toward the tribunal. See, e.g., In re Nigohosian, 88 N.J. 308 (1982); In re Herbstman, 84 N.J. 485 (1980); In re Turner, 83 N.J. 536 (1980).