In the Matter of the State Grand Jury Investigation

NJ Decision on methods for hiring lawyers for employees under investigation


The Rules of Professional Conduct forbid a lawyer from accepting compensation for representing a client from one other than the client unless three factors coalesce: (1) the client gives informed consent; (2) there is no interference with the lawyer’s independence of professional judgment or with the lawyer-client relationship; and (3) information relating to the representation of the client is protected. Applying these Rules, the Court affirms the trial court’s denial of the State’s motion to disqualify attorneys retained and paid by an employer to represent employees who were potential witnesses in a grand jury investigation into the employer’s conduct.

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Reference Info:Decision | State, 3rd Circuit, New Jersey | United States

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