Four Aspects of Attorney Ethics Enforcement by the NJ, NY, & PA Bars and the EOIR That You May Not Have Heard About Before

This program should generally benefit all practicing attorneys to one extent or another. Though it largely uses NJ, NY and PA as a model, the principles discussed may apply in many other jurisdictions that enforce their own version of the ABA's Rules of Professional Conduct. It also discusses the national standard for attorney ethics rules concerning practice before the Board of Immigration Appeals (BIA) as Enforced by the Executive Office of Immigration Review (EOIR) of the Department of Justice. Accordingly, the course has broad applicability.

Specifically, the presentation will include the following topics:

1. the ethical considerations for modifying and improving the enforceability of an alternate dispute resolution (ADR) provision in a retainer agreement,
2. resolving an ethics grievance/complaint through alternate means including diversion or consent to discipline,
3. the ways in which RPC 8.4 can sometimes create a floating standard, and
4. situations in which attorneys may be subject to the federal regulations concerning practice before the Board of Immigration Appeals (BIA) as enforced by the Executive Office of Immigration Review (EOIR) of the Department of Justice.

Learning Objectives:

1. Prepare modifications to potentially improve the enforceability of an alternate dispute resolution provision in a retainer agreement and possible ways to advise your client accordingly
2. Review the complexities of resolving an ethics grievance through alternate approaches, such as an agreement in lieu of discipline or consent to discipline
3. Describe the process of reinstatement after suspension with a focus on the differences between being suspended as a solo practitioner versus as a partnership
4. Discuss insurance coverage for ethics defense
5. Identify suggested improvements for the ethics system, such as RPC 8.4 that might be subject to a floating standard
6. Identify how non-attorney bookkeeping staff and IT vendors can inadvertently precipitate an attorney ethics breach and practical ways to avoid that from happening