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A lawyer's attempt to shield himself from discipline via a release in a divorce agreement was not only void ' it was itself an ethics violation, the New Jersey Supreme Court ruled on Nov. 18.
The court adopted the Disciplinary Review Board's (DRB) finding that Alan Welch knew the release to be unenforceable but included it as a tactical block against the client's wife, who had already reported him to ethics authorities.
“The point was that he wanted [the wife] to believe it was enforceable,” the DRB said. “In respondent's own words, he sought to 'freeze' her from filing a grievance against him, so that he could continue to represent [the husband].”
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