|
Several state attorney discipline systems impose "gag rules" that prohibit consumers from speaking publicly about their attorney grievances. In these states, consumers who choose to inform local media or simply tell friends or family members about their grievances before complaints become "public" will be held in contempt of court and fined or even imprisoned.
One typical "gag rule" provides: "Prior to the filing and service of a complaint in a disciplinary matter...the disciplinary matter and all written records received and made pursuant to these rules shall be confidential." New Jersey Supreme Court Rule 1:20-9(a).
The New Jersey Office of Attorney Ethics has interpreted this "gag rule," stating, "Under Supreme Court Rule 1:20-9(a), once you file this grievance form you are REQUIRED thereafter to keep all communications about this ethics matter CONFIDENTIAL during the investigation until and unless a complaint is issued and served. Only at that time does confidentiality end and the matter become public. This investigative confidentiality does not prevent you from discussing the facts underlying your grievance with, or reporting them to, any other person or agency. However, during the investigation you may not disclose the fact that you have filed an ethics grievance to persons other than members of the attorney disciplinary system, except to discuss the case with other witnesses or to consult an attorney."
Even in states that do not impose threatening "gag rules," consumers are still frequently asked to maintain secrecy with regard to their grievances. This not only poses an unconstitutional restraint on free speech, but it also intimidates an already vulnerable community of victimized legal consumers.
|
