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).
Board or Disciplinary Review Board-- the intermediate appellate tribunal in disciplinary matters.
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 Oversight Committee-- the Disciplinary Oversight Committee reviews the annual disciplinary system budget and makes recommendations to the Supreme Court concerning the disciplinary system.
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 master.
Unethical Conduct-- all ethics violations that would subject an attorney to discipline are referred to as unethical conduct. R. 1:20-3(i)(1).
N.j. Ct. R. 1:20