Rule text
GLOSSARY OF ATTORNEY DISCIPLINE TERMS Agreement in Lieu of Discipline - the vehicle used to accomplish diversion of “minor” unethical conduct matters where an attorney admits “minor” unethical conduct has been committed and that attorney qualifies for diversionary treatment. See R. 1:20-3(i)(2)(B). Attorney Regulatory Board - the post-disciplinary tribunal responsible for, among other functions, reviewing petitions for reinstatement from suspension and petitions for readmission to the practice of law. See R. 1:20-15B. Complaint - the written document formally charging the respondent with specific violations of unethical conduct. A complaint is issued after completion of an investigation if it meets the standard of R. 1:20-4(a). Consent Matter - the appellate process before the Disciplinary Review Board and the Supreme Court by which the extent of discipline to be imposed as the result of discipline by consent is reviewed, without oral argument. See R. 1:20-15(g) and R. 1:20-16(e). Director - the Director of the Office of Attorney Ethics, who administers the Office of Attorney Ethics, Ethics Committees, Fee Committees, the Random Audit Program, the Annual Attorney Registration Statement, and the Trust Overdraft Notification Program. Disciplinary Costs - costs incurred in connection with disciplinary matters, petitions for reinstatement, petitions for readmission, and other attorney regulatory or disciplinary proceedings. Disciplinary Oversight Committee - the Disciplinary Oversight Committee reviews the annual disciplinary system budget and makes recommendations to the Supreme Court concerning the disciplinary system. Disciplinary Review Board - the intermediate appellate tribunal in disciplinary matters. See R. 1:20-15. Discipline by Consent - a procedure whereby a respondent may agree with an investigator, presenter or ethics counsel to admit facts constituting unethical conduct and recommend specific discipline or a range of specific discipline, subject to review by the Disciplinary Review Board. See R. 1:20-10(b). Diversion - a non-disciplinary treatment by consent for attorneys who admit they have committed “minor” unethical conduct and who otherwise qualify for diversionary treatment. Diversion is accomplished through an “Agreement In Lieu of Discipline.” See R. 1:20-3(i)(2)(A) and (B). Ethics Committee(s) - one or more district ethics committees throughout the state that screen, investigate, prosecute, and hear disciplinary and disability-inactive matters. Ethics Counsel - an attorney of the Office of Attorney Ethics. See R. 1:20-2(a). Fee Committee(s) - one or more district fee arbitration committees throughout the state that screen, hear, and decide disputes by clients over legal fees. Grievance - any allegation of unethical conduct made against an attorney. A grievance, if docketed, is assigned for investigation by the Director or by an Ethics Committee. Minor Unethical Conduct - minor types of unethical conduct which, if proved, would not warrant discipline greater than an admonition. Minor unethical conduct matters are eligible for diversionary treatment. R. 1:20-3(i)(2). Presenter - the attorney who is appointed to prosecute a complaint. R. 1:20-4(g)(1). Respondent - the attorney who is the subject of disciplinary charges. Trier of Fact - refers to an ethics committee hearing panel or single member adjudicator or special ethics adjudicator. Unethical Conduct - all ethics violations that would subject an attorney to discipline are referred to as unethical conduct. R. 1:20-3(i)(1).
Notes
Note: Adopted January 31, 1995 to be effective March 1, 1995; “Agreement In Lieu of Discipline,” “Complaint,” “Discipline By Consent,” “Diversion,” “Ethics Counsel,” “Grievance,” “Minor Misconduct,” and “Presenter” modified, “Misconduct” deleted, and “Board or Disciplinary Review Board,” “Director,” “Disciplinary Oversight Committee,” “Ethics Committee(s),” “Fee Committee(s),” “Respondent,” and “Unethical Conduct” added July 28, 2004 to be effective September 1, 2004; “Trier of Fact” amended May 7, 2024 to be effective immediately; “Attorney Regulatory Board” and “Disciplinary Costs” added, “Board or Disciplinary Review Board” changed to “Disciplinary Review Board” and modified and re-sequenced February 27, 2026 to be effective March 1, 2026.