In Re Advisory Committee on Professional Ethics Opinion 705

In this appeal, we must determine whether a provision of the New Jersey Conflicts of Interest Law (Act), N.J.S.A. 52:13D-12 to -27, must yield to a conflicting Rule of Professional Conduct (RPC). Specifically, the question presented is whether attorneys formerly employed by the State are subject to N.J.S.A. 52:13D-17 when the Act’s post-employment restrictions are more stringent than the directives of RPC 1.11(c).

In response to an attorney inquiry, the Advisory Committee on Professional Ethics (ACPE) concluded that, absent a decision by this Court to defer to the Legislature, RPC 1.11 “should…