Rule 1:19-9. Ethics Telephone Research Service

(a) Generally The Advisory Committee on Professional Ethics shall operate a telephone ethics hotline to provide, with respect to issues of legal ethics within its jurisdiction, and issues of advertising and solicitation within the jurisdiction of the Committee on Attorney Advertising, general information and research assistance, but not legal advice or advisory opinions, to members of the bar of this state in good standing. The existence and limited nature of this ethics telephone research service shall be advertised regularly as a notice to the bar in the official publication designed by the Supreme Court. The Chair of the Advisory Committee, in consultation with the Chair of the Advertising Committee, shall hire and direct one full-time attorney and one secretary to provide this service. Staff shall assist attorneys requesting information to the extent that time and resources permit and to render general assistance and information to an inquiring attorney.

(b) Form of Inquiry and Certification An attorney requesting information and research assistance on issues of legal ethics may communicate with the Ethics Research Assistance Service either by phone or in writing. At the time the initial inquiry is made, the attorney shall provide identification as a qualified member of the bar, shall certify that the facts presented concern his or her prospective ethical conduct and shall certify that the inquirer is not the subject of a disciplinary grievance or proceeding. The inquirer shall provide in good faith all material facts bearing on the ethical issue presented. Where the inquiry would require resolution of questions concerning substantive law, the inquiry shall be declined.

(c) Disclaimer Before rendering assistance to an inquirer, the Ethics Research Assistance Service staff shall advise each inquirer that (1) only legal research assistance is being furnished and no legal opinion is being rendered and (2) the inquirer is responsible for making his or her own final judgment on the ethical issue presented.

(d) Inadmissibility of Inquiry Results Neither the fact that an inquiry has been made nor the results thereof, shall be admissible in any legal proceeding, including an attorney or judicial discipline proceeding.

(e) Records; Disclosure The Ethics Research Assistance Service shall keep records of the number of inquiries and the nature and type of inquiries, but shall not reveal the name of the inquirer, the substance of a specific inquiry, or the specific response thereto. All information provided to, and all records maintained by, the Ethics Research Assistance Service shall be confidential and shall not be disclosed, except as authorized by the Supreme Court. All such information shall be immune from subpoena in any civil, disciplinary or administrative matter.