Attorneys occasionally find themselves subject to an ethics investigation. Such investigations often result in a quantum of discipline which is usually determined by a balancing of aggravating and mitigating factors. If you are an attorney in New Jersey, it will help to learn what makes the disciplinary authorities tick - i.e., what factors move the sliding scale up or down.
In this quick-moving, tongue-in-cheek program, New Jersey ethics attorney Marc Garfinkle offers a lesson in aggravating factors - those acts and facts which will make things worse for you if you are facing a disciplinary proceeding. Couched as a guide for attorneys seeking to get suspended, this humorous program takes a serious look at the way in which discipline is determined - and maybe keep you from facing discipline in the first place.
A solo since passing the bar in 1978, Marc Garfinkle is an attorney whose practice is limited to legal ethics and discipline, judicial conduct and bar admission. He is also the author of several short books for new attorneys, including $olo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job (3d ed.,©2010, 2019, Solo Contendere Press).
A nationally-acclaimed speaker, Marc has addressed the Solo Practice and New Lawyers divisions of state bar associations from coast to coast, and regularly offers CLE programs for state bars, bar associations, Inns of Court and others.
A former Ethics Committee investigator and Committee Chair, he is a regular contributor to the New Jersey Law Journal, having published approximately fifty ethics-related columns there. He is also frequently quoted in electronic and print media on matters of legal ethics. Marc also teaches Persuasion and Advocacy at Seton Hall University Law School, and and is the Public Defender in the Township of Livingston.