Just when an attorney thought he was out…
The N.J. Supreme Court decided, on its own, to consider a case involving attorney ethics, despite the DRB (“Disciplinary Review Board”) dismissing the ethics complaint against attorney Ty Hyderally.
A couple of years ago, The Committee on Attorney Advertising became aware that the attorney certification emblem appeared on a law firm website, even though the attorneys from the firm were not certified attorneys. It referred the matter to the Office of Attorney Ethics (“OAE”), and a myriad charges were lodged against Mr. Hyderally.
Although the OAE recommended either a censure or a reprimand, the DRB dismissed the complaint in July, finding a lack of clear and convincing evidence that Hyderally knowingly committed those violations.” (Via N.J. Law Journal)
N.J. Supreme Court
Oral argument was held on Monday, October 24, 2011.
OAE Counsel Walton Kingsberry III told the court:the statement was clearly in violation of ethics rules.
“ His defense, simply, is ‘I didn’t know… The RPCs clearly prohibit false and misleading advertising. ”
Kingsbery told the Court that he understood that the DRB may have had some misgivings because this appeared on the Internet as opposed to some other form of traditional advertising.
But, he added, “it’s advertising and it should be treated as advertising.” “
Hyderally’s attorney, Frederick Dennehy, said Hyderally is not deserving of discipline.
The decision of the DRB … could not be more clear,” said Dennehy, of Woodbridge’s Wilentz, Goldman & Spitzer. “There is no clear and convincing evidence that he intended to misrepresent to anyone that he was a certified trial attorney.
Commentary
The OAE performs an important function, policing the behavior of attorneys to insure compliance with the Rules of Professional Conduct. But, unless Mr. Hyderally was clearly an unbelievable witness, and did not cooperate with the investigation, where’s the harm? Why do we pretend the captain of a law firm has his fingers on the pulse of everything that goes on in a law firm.
I hope the N.J. Supreme Court isn’t trying to send a strong message by strapping it on to Hyderally’s coattails that attorneys better not miss anything that appears on their website; whether they benefit or not.
Why do you think the N.J. Supreme Court decided to hear this ethics matter?
Read more…
Blog post: “Attorneys-What you don’t know about your Website may hurt you”
