Defending New York Attorney Ethics Matters

defending attorney ethics complaints

The Nissenbaum Law Group accepts engagements involving New York attorneys accused of breaching the Rules of Professional Conduct.

The Firm’s Approach to Defending Attorneys Accused of Ethical Infractions

Ethics matters in New York generally begin at the Attorney Grievance Committee level. If they proceed, normally the Appellate Division will also consider them.

These matters have a rhythm that provides certain nexus points at which they potentially can be resolved. For example, the initial Complaint should be viewed not as an opportunity to provide the least amount of information possible, but instead as a method of telling the entire story in a thorough and careful way that can potentially convince the investigator and/or those supervising him or her that it is appropriate to drop the matter. If it is not dropped at that incipient point, there may be other opportunities to resolve it. In the event that the matter proceeds to the hearing stage before a Referee or other finder of fact, the Nissenbaum Law Group is capable of vigorously defending it.

Each case is unique and requires a nuanced and customized approach. The Nissenbaum Law Group is available to defend attorneys from initial submissions at the investigatory stage; to filing verified answers at the ethics complaint stage; to handling full-blown contested hearings.

The Firm’s Approach to New York Ethics Matters Regarding Attorney Advertising

Attorney advertisements may not contain statements or claims that are false, deceptive or misleading. RPC 7.1(a)(1). The extensive and multi-faceted attorney advertising restrictions contained in RPC 7.1 are surprisingly complex. For example,

  • An advertisement may contain statements that are reasonably likely to create an expectation about results the lawyer can achieve; statements that compare the lawyer’s services with the services of other lawyers; testimonials or endorsements of clients; or statements describing or characterizing the quality of the lawyer’s or law firm’s services so long as its dissemination does not contain statements or claims that are false and misleading (or otherwise violate RCP 7.1); can be factually supported by the lawyer or law firm as of the date on which the advertisement is published or disseminated; and is accompanied by the following disclaimer: “Prior results do not guarantee a similar outcome.” RPC 7.1(d)
  • Advertisements via email must contain the notation “ATTORNEY ADVERTISING” in the subject line. RPC 7.1(f)
  • In the case of a web site, any words or statements required by RPC 7.1 Rule to appear in an advertisement must appear on the home page and meta-tags or other hidden computer codes must utilize the proper verbiage and otherwise comply with RPC 7.1, even though they are not displayed on the website itself. RPC 7.1(h)

The Nissenbaum Law Group stands ready to assist attorneys both in seeking to comply with these and other advertising restrictions and in defending attorneys accused of violating them.

Contact the Nissenbaum Law Group to Schedule an Appointment at
908-686-8000 or feel free to use the following form to e-mail us.
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