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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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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 3.6

The Court has adopted ABA Model Rule 3.6, which differs slightly from the Debevoise Committee recommendation (because of changes in the ABA-adopted version from the Kutak Commission version), except that the "reasonable person" standard set forth in paragraph (a) is replaced with a "reasonable lawyer" standard. The Debevoise Committee did present the competing issues of the right to a fair trial and the right of free expression and quoted the Kutak Commission's marshaling of the arguments of these competing fundamental concerns. See also In re Hinds, 90 N.J. 604 (1982); In re Rachmiel, 90 N.J. 646 (1982).

The Court amended RPC 3.6(b)(1) to clarify that the term "witness" as used in that section was not meant to include the identity of a victim of a crime.