RPC Confidentiality of Information

A lawyer shall not reveal information pertaining to a client except with the client’s consent or to the proper authorities to prevent the client from committing a crime. If the lawyer reveals this information he must also reveal it to the person who is threatened.

A subordinate lawyer is bound by the RPC however does not violate them if acting in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

RPC 5.3.    Responsibilities’ regarding non lawyer assistants

The law firm/lawyer employing/supervising the non-lawyer assistant shall make reasonable efforts to ensure that the conduct of the assistant adheres to the rules of professional conduct.

The supervisory lawyer shall be responsible if the assistant violates the rules of professional conduct if the  lawyer orders or ratifies the conduct involved or the lawyer knows of the conduct during a time that it could have been avoided or the lawyer fails to make a reasonable investigation of circumstances that would reveal past conduct evidentaroy of a propensity for such conduct.

RPC      Professional Independence of a Lawyer

a) Lawyer shall not share legal fees with a non-lawyer except that:

1)After lawyers death an agreement on payments overtime may be honored.

2) A lawyer who undertakes the work of deceased lawyer may pay his estate the propotion of the deceased lawyers compensation.

3)Lawyers who purchase a practice from deceased or disabled lawyer may pay his estate.

4) A lawyer or law firm may include non-lawyer in a compensation or retirement plan.

5)A lawyer may share court awards with a non-profit agency that recommended the lawyer.

b) A lawyer may not form a partnership with a non-lawyer if any of the activities involve practicing law.

c)A lawyer shall not permit a person who recommends, employs or pays the lawyer to render legal services for another to regulate or direct the lawyer's prefessional judgment in rendering such legal services.

d)A lawyer may not with or in the form of a professional corporation etc. if a non-lawyer is a part owner, director, or has the right to control the professional judgment of the lawyer.

1. American Bar Association Rules of Professional Conduct
2. New Jersey Rules of Professional Conduct
3. New Jersey Rules of Cout
4. Federal Rules of Court
5. Case Decisions
6. Advisory Decisions
7. Commentary Literature

Those decided by the N.J. Supreme court passing review on advisory committee decisions or imposing discipline on lawyers.

NJ lower courts have no jurisdiction in attorney displinary actions.

How to research Ethics Questions

1. Facts - study and summarize
2. N.J. RPC - identify all RPC which may relate to facts.
3. Court Opinions - look for relevant cases.
4. Advisory committee opinions - can be located by using the cross reference tables and index
5. Former RPCs, Disciplinary Rules and Canons - only when the former do not differ greatly from the current.
6. Commentaries
7. Request for Advisory Opinions
8. Ethics Hotline

1. Lawyers who engage in unprofessional conduct lose credibility with judges and juries to the detriment of their clients.
2. Judges and juries will place their confidence in the lawyer they regard as being trustworthy.
3. A lawyer with an unprofessional reputation is less likely to receive assistance, referrals, or recommendations from other lawyers.
4. Unprofessional conduct fosters the same type of conduct in the advisary lawyer and can increase litigation expenses and length.
5. Clients tend to seek out lawyers with good reputations.
6. Being professional is the right way to practice law so that the public will continue to have faith in the legal system.

1. Should be courteous and civil in his/her communications with clients, advisaries and/or court personnel.
2. Should require all persons under his/her supervision be courteous and civil.
3. During the course of depositions and other proccedings should conduct himself/herself in a manner which would be appropiate infront of a judge.
4. Should advise their clients and witnesses of proper conduct expected of them.
5. Should respect the schedule and commitments of all counsel.
6. Should promptly return telephone calls and answer correspondence requiring a response.
7. Should be punctual and prepared for all appearances.
8. Should notify court and opposing counsel fo all delays promptly.
9. Should adhere to all promises, represntations, and agreements whether oral or in writing.

1. Should not engage in unnecessary motion practice, nor engage in motion practice designed to unfairly disadvantage an adversary.
2. Should not use any aspect of the litigation process as means of harassmetn, or for the purpose of unnecessarily proloinging litigation or increasing litigation expense.
3. Should not take a dismissal, default, or adjournamnt without notifying the adverse party.
4. Should not be rude, use vulgar or condescending language, make disparaging or personal remarks or be acrimonious toward other counsel, parties or witness.

1. Those who assist lawyers on behalf of clients perfoming a variety of tasks such as investigation, drafting, return preparation and research which are preformed under the supervision of a lawyer who is responsible for the work.
2. Contract paralegals who preform piece work for varous law firms.

1. Investigation of facts.
2. Drafting of documents.
3. Return preparation.
4. Research.

1. Cannot counsel clients.
2. Interpret the law.
3. Represent people in advisary proceedings.

What are some examples of Primary Authority?

In the United States, examples of primary authority include the verbatim texts of:

• Constitutions;
• Statutes (whether codified or uncodified);
• Court opinions^[1];
• Rules of court procedure;
• Rules of evidence;
• Rules governing the conduct of lawyers;
• Administrative regulations;
• Executive orders;
• Treaties and certain other international law materials;
• Municipal charters and ordinances.

Lat. "to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.

To abide or adhere to decided cases. It is a general maxim that when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from

The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.

While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment.

• Case Law
• Common Law
• Stare Decisis
• Statutes
• Constitution
• Administration Regulations

Second Level:

• Local Ordinances
• Court Rules
• Treaties
• Rules of Evidence

The Appellate Division hears appeals from the Law and Chancery Divisions and final decisions of State administrative agencies. The Appellate Division is divided into parts of three or four judges each. (Currently there are eight parts, designated "A" through "H.") Judge are rotated among the parts on an annual basis. Unlike the federal and some other state appellate courts, appeals are not allocated among the parts on a territorial basis and Appellate Division precedent is equally binding state-wide.

One of the judges on each part is designated as the presiding judge and there is an overall presiding judge for administration. Appeals are decided by a panel of two or three judges from the part to which the appeal is assigned.

If the Supreme Court has less than seven members available to hear a case, either because of vacancies or recusals, senior Appellate Division judges may be assigned to serve temporarily.

General Equity Part

The General Equity Part handles civil cases where the primary relief sought is equitable in nature, although it may grant incidental legal relief. In most vicinages only one judge is assigned to the General Equity Part.

Probate Part

The Probate Part handles contested probate matters, guardianships etc. Usually the General Equity judge handles the probate calendar on a weekly or less frequent basis. The county surrogate acts as the deputy clerk of the Superior Court for the Probate Part in the county.

Family Part

The Family Part was created when the State Constitution was amended to eliminate the juvenile and domestic relations courts in each county and so it has the distinction of being the only part specifically mandated by the constitution.

The Family Part is responsible for all cases arising out of marriage (or marriage-like) relationships, juvenile matters and domestic violence cases.

Civil Part

The Civil Part has jurisdiction over all civil cases where the principal relief sought is legal in nature and it may grant incidental equitable relief so that a case may be fully decided in one forum.

Special Civil Part

The Special Civil Part essentially succeeded to the jurisdiction of the former county district courts. Cases may be filed in the Special Civil Part where the amount in controversy does not exceed $15,000 (or more if the plaintiff waives the excess). It also has a small claims section for cases involving less than $3000 and a landlord-tenant section to adjudicate summary dispossess actions.

Plaintiff may act as pro-se, corporations must hire an attorney for claime in excess of $3,000.

The Special Civil Part is designed to provide expedited and somewhat relaxed proceedings in smaller cases. The Special Civil Part has its own clerk in each county (rather than relying upon the Superior Court clerk's office) and many forms are available.

Criminal Part

The Criminal Part handles all indictable criminal cases and appeals from convictions in municipal courts.

1. Accused presumed to be innocent until proven guilty by the State.
2. State burden of proof is Beyond a reasonable doubt.
3. Accused has right not to testify with no presumption of guilty due to failure to testify
4. Accused guaranteed trial by jury of 12 persons.
5. Acucused has right to a "speedy trial" Note: interpreted by courts as 6 months from date of arrest.
6. Accused has right to post bail in a reasonable amount.
7. Double Jeopardy: No person can be tried twice for the same crime.
8. Fifth Amendmant: Privilege against self incrimination - no person can be forced to testify if his testimony would tend to incriminate him
9. Prohibition against search of person or property by State: Note: Exception is "probable cause" for  State to believe crime is in process or has beeen comitted.

Note: The miranda warnings are created by U.S. supreme Court - not found in U.S. constition:

1. You have the right to remain silent.
2. Anything you say can be used against you.
3. You have the right to be represented by an attornye_.If you cannot afford an attorney, one will be appointed for you.
4. You have the right to make one telephone call.

1. Crimes of the first through fourth degree.
2. D.P.'s -Disorderly Persons Offenses - not crimes - can result in fines and up to one year in jail.
3. Violation of Municipal Ordinance - not crimes - can result in fines and up to 30 days in jail.
4. Motor Vehicle Offenses - not crimes - can result in fines and, in some instances periord of time in jail.

1. Constitutional Guarantees apply
2. Miranda rights apply
3. first Offender law applies
4. Jury Trial in Superior Court

1. Constitutional Guarantees apply
2. No Miranda Rights
3. No first offender rights
4. Trial by Judge only (no Jury) in Municiple court

1. Criminal intent
2. violation of a State law which prohibits doing or failing to d the acts charged.