184 N.J.L.J. 315

April 24, 2006

15 N.J.L. 899

April 24, 2006

Advisory Committee on Professional Ethics

Appointed by the Supreme Court of New Jersey

Opinion 703

Advisory Committee on Professional Ethics

Conduct Prejudicial to the Administration of Justice: Contacting Lawyers for Representation on Pretextual Basis to Disqualify Potential Adversary Counsel

An inquirer raised concern about a practice under which a client was advised to contact other lawyers for representation essentially on a pretextual basis, in order to disqualify those lawyers from representation of an adversary. The example given involved matrimonial cases. It appears that a lawyer or firm engaged to represent the party may be advising clients to take this step in order to disqualify potential adversary counsel.

The inquirer asks whether such a practice by a firm would run afoul of the Rules of Professional Conduct. It is the opinion of the Committee that any such advice by a lawyer to a client plainly would constitute prohibited “conduct prejudicial to the administration of justice” under RPC 8.4(d), in that it would impede a litigant's effective access to counsel of choice, and should cease immediately.