In the Matter of the State Grand Jury Investigation
(A-80-08) 11-23-09
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.
