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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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 5.3
This rule mirrors as to "nonlawyer assistants" the provisions of RPC 5.1.
The Court has added to the Debevoise Committee recommendation subparagraph (c)(3) requiring lawyers to make reasonable inquiry as to whether their nonlawyer employees have by instances of past conduct demonstrated a propensity for conduct incompatible with the lawyer's ethical obligations. Cf. DiCosala v. Kay, 91 N.J. 159, 169 et seq. (1982) (the tort of "negligent hiring"). The Court has also revised paragraph (a) consistent with the recommendations of the NJSBA so as to make the rule applicable to all entities engaged in the practice of law.