Roger Plawker Discusses Proposed Changes to New Jersey Ethics Rules with Law360
Roger Plawker, Chair of the Attorney Ethics & Professional Misconduct practice at Pashman Stein Walder Hayden P.C., was recently quoted in a Law360 article titled, “Proposed Changes To NJ Atty Ethics Rules Raise Worry In Bar.” The article discusses how the New Jersey Supreme Court is considering proposed ethics rule changes that would require suspended, disbarred, or disability-inactive attorneys to affirmatively and publicly disclose that they cannot practice law on websites, emails, social media, and voicemails. The New Jersey State Bar Association says the proposal could unfairly stigmatize disabled attorneys and disproportionately impact solo practitioners.
Plawker noted that the proposed New Jersey rule imposes greater hardship than its counterpart in New York, which requires unauthorized attorneys to take down advertising, including in email signatures and voicemails, that suggests they are licensed to practice, but does not require them to actively state that they are not licensed.
"While the distinction may be subtle, the New York approach is a bit less damning and does not require a lawyer affirmatively to advertise the discipline nor to shed their digital existence," Plawker said.
Plawker also echoed the NJSBA's fears that the effects of the proposed rule change could be too burdensome for small firms and solo attorneys and added that “it may be better to accept the possibility that a member of the public may contact an unlicensed lawyer for services from time to time and put the burden on that lawyer to turn the client away.”
To read the full article in Law360, click here.
