Learn the difference between when you must report and when there are gray areas.
Upon swearing into the bar, lawyers assume an obligation to report colleagues who violate the Rules of Professional Conduct. Under RPC 8.3, we are honor-bound to do so. As with other honor systems, we may be disciplined if we fail to report. Few actions are more difficult to take.
The wayward colleague is rarely a stranger. You may have learned too much about your partner, your newest hire, your biggest client’s house counsel or your lawyer-spouse. S/he could be a friend, an adversary, a judge or a mentor. What do you do? How bad does it have to be? Do you conceal what you know? Do you say something? What if others know even more than you?
Learn when and how to report a wayward colleague. Learn when not to. This information is full of anecdotes and examples; will examine our obligations, and you will learn the right way to do the right thing.
Agenda
Faculty
Marc D. Garfinkle
Law Office of Marc Garfinkle
- In his practice at the Law Office of Marc Garfinkle, the incidence of clients with mental illness is quite high, he represents attorneys and judges; not just any attorney or judge, but those who have issues with their licensing authorities; sometimes their mental illness or defect is what prompted the issues which came to the bar’s attention; other times, the process itself creates, exacerbates, or resurrects tendencies toward depression, paranoia, anxiety, and suicidal ideation
- His practice is orderly and civil, his clients typically are stressed out, sometimes to the max; he has had two clients take their own lives and there were a few that were ‘talked off the ledge’ as a result of ethics investigations
- Practicing solo since 1978, now limited to attorney ethics and discipline, Bar Admission
- Wrote “Solo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job” 3rd ed, Solo Contendere Press, 2008, 2103; and “I Wasn’t Myself: Mental Illness and Legal Ethics” NJ Law Journal, April 2015
- Adjunct Professor at Seton Hall University Law School since 2006
- Regular columnist: Legal Ethics and Commentary, NJ Law Journal
- Former Attorney Ethics Investigator and former Chair of the NJ District VB Attorney Ethics Committee
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