Rule 1:19A-4. Ethics Grievances

(a) Procedure for Considering Grievances All ethics grievances alleging unethical conduct with respect to advertisements and other related communications set forth in Rule 1:19A-2(a) shall be considered solely by the Advertising Committee. Except as expressly stated herein, no District Ethics Committee shall take any action on such a grievance received by it, but shall forward it to the Secretary of the Advertising Committee for review and action. An ethics grievance concerning advertising or other related communications by an attorney shall be filed with the Secretary of the Advertising Committee. Grievances shall be accepted from members of the public and the bar. The Advertising Committee may on its own motion initiate an ethics grievance. Upon receipt of an ethics grievance alleging unethical conduct the Secretary of the Advertising Committee shall acknowledge receipt to the grievant and may forward a copy of the grievance to the attorney or law firm responsible for an initial written response, provided that if the Secretary concludes that even if true the alleged facts show beyond debate no violation of the Rules, the grievance may be dismissed. If the Secretary requests a response, the lawyer or law firm shall file with the Secretary and serve (personally or by mail) upon the grievant a responding letter brief or brief within fourteen (14) days after service. Such lawyer or law firm shall also file with the Secretary a true copy of the advertisement, tape recording, video tape, or other related communication for the Advertising Committee's use, provided that no such filing shall be required for any advertisement or other related communication that was disseminated more than three years prior to receipt of the grievance by the Advertising Committee. The failure of an attorney or law firm to file and serve a response together with a true copy of the advertisement or other related communication as set forth above may, in the Advertising Committee's discretion, be taken as an adverse inference of an ethical violation.

(b) Initial Review and Dismissal by Advertising Committee At the conclusion of the expiration of time provided for the attorney's filing of any initial response the Advertising Committee shall review the matter. If it concludes there is a need for further investigation, the Advertising Committee shall direct the Secretary to proceed accordingly and it shall reconsider the matter following such further investigation. Upon any matter within its jurisdiction coming to its attention, the Advertising Committee may arrange an informal conference with the lawyer or law firm. If the Advertising Committee concludes that there is no unethical conduct, it shall dismiss the grievance and so notify the parties in writing, briefly stating the reasons therefor. An appeal from the decision of the Advertising Committee to dismiss a grievance shall be available in accordance with Rule 1:20-15(e), but the Disciplinary Review Board shall be limited in its review to the legal conclusion of the Advertising Committee as to whether there is unethical conduct.

(c) Formal Complaint and Answer In all other cases where the Advertising Committee concludes that the facts may demonstrate by clear and convincing evidence that unethical conduct has occurred, it shall direct the Secretary to file a formal complaint in accordance with Rule 1:20-4(d). The Secretary shall serve the formal complaint upon the original grievant, if any, and upon the respondent, who shall be required to file a formal answer within ten days of service of the formal complaint, all in accordance with Rule 1:20-4(e).

(d) Hearing Where Material Facts Not Disputed Where in the opinion of the Advertising Committee there are no material controverted issues of fact, it shall bring the matter on for oral argument (which shall be electronically or stenographically recorded) on notice to the respondent. The Advertising Committee shall designate a presenter. The sole issue before the Advertising Committee shall be whether, and the extent to which, discipline is required. The Advertising Committee shall prepare a written dated report containing its findings of fact on each issue presented in accordance with Rule 1:20-6(c)(2)(E). If public discipline is recommended, the report shall also contain a specific recommendation as to the extent thereof. Unless it dismisses the matter, the Advertising Committee shall promptly file its report and recommendation with the Disciplinary Review Board, which shall proceed in accordance with Rule 1:20-15(f). Dismissals shall be appealable and notice thereof given, as set forth in section (b) above.

(e) Hearings Where Material Facts Are Disputed Where in the opinion of the Advertising Committee there are material controverted issues of fact (including, but not limited to, instances of alleged false, fraudulent, misleading, or deceptive advertisements or other communications), it may, after the filing of a formal complaint and answer, (1) hear and determine the matter itself in accordance with Rule 1:20-6(a) and (c) (in which case the hearing shall be electronically or stenographically transcribed), or (2) refer the matter to the appropriate District Ethics Committee for hearings in accordance with Rule 1:20-6 and the filing of a report with the Advertising Committee, which report shall be limited to findings of fact on the issues presented, in accordance with Rule 1:20-6(c)(2)(E). In either event the Advertising Committee shall, unless it dismisses the matter, render its report and recommendation to the Disciplinary Review Board in accordance with Rule 1:20-6(c)(2)(E). If public discipline is recommended, the report shall also contain a specific recommendation as to the extent thereof. If the matter is dismissed, notification of parties and appeal shall be the same as set forth in section (b) above.

(f) Action by Disciplinary Review Board on Reports Recommending Discipline Where the Advertising Committee files with the Board a report recommending discipline, the Board shall, except as stated below, proceed in accordance with Rule 1:20-15(f). In considering a report and recommendation of the Advertising Committee the Board shall accept the facts found as conclusive. The sole issues to be determined shall be the legal conclusion reached by the Advertising Committee as to whether there is unethical conduct and the extent of final discipline to be imposed.

(g) Attorney for Respondent; Subpoenas Insofar as necessary, Rules 1:20-4(g)(2) and 1:20-7(i) shall be applicable to proceedings by the Advertising Committee. Subpoenas may be signed either by any member of the Advertising Committee, or by its Secretary.

(h) Dual Grievances When the ethical issues presented in a grievance involve both aspects of advertising and other related communications within the jurisdiction of the Advertising Committee and also other ethical issues not ordinarily within its jurisdiction, the Advertising Committee shall take jurisdiction of the entire matter if the grievance is predominantly related to advertising and other related communications within its jurisdiction. In all other cases of dual grievances, the Advertising Committee may accept such grievances. If it accepts such grievances the Advertising Committee shall, to the extent necessary to conclude all aspects of the grievance, exercise all the jurisdiction and functions of a District Ethics Committee. Otherwise, the Advertising Committee may decline jurisdiction in writing and refer its entire file in the matter to the appropriate District Ethics Committee. A District Ethics Committee to whom a dual ethics grievance has been referred in accordance with this section shall take jurisdiction over the entire matter and proceed in accordance with Rule 1:20-3(g). To the extent necessary to conclude all aspects of the grievance so referred, a District Ethics Committee shall exercise all the jurisdiction and functions of the Advertising Committee.