Part 1 · Committee on the Unauthorized Practice of Law

Rule 1:22-4. Complaints: Preliminary Investigation

Amended June 28, 1996 (current)

(a) Receipt of Complaint Upon receipt of a complaint or any other matter within the committee's jurisdiction, the secretary shall make written acknowledgement thereof to the person bringing the matter to the committee's attention.

(b) Referral to Part The secretary shall promptly forward a copy of the complaint and other information to the chair of the committee and to the chair of the part in the area of the State in which the respondent's activities occur. If the person, persons or entity alleged to be engaged in such unauthorized practice is located outside of New Jersey, the matter may be referred to any part by the secretary.

(c) Investigation The investigation or review shall be promptly instituted by the part or by a member thereof designated by the chair of the part. If a complaint has been filed, the investigating member shall interview the complainant and respondent and shall conduct such further investigation as is deemed appropriate. At the discretion of the committee, the respondent may be informed of the identity of the complainant.

(d) Report Upon the conclusion of an investigation of a complaint, a report shall be made to the committee and recorded in the minutes. If, after consideration of the report, the committee concludes that there has been no unauthorized practice of law, the complaint shall be dismissed and the secretary shall so notify the complainant and the respondent in writing and shall close the file in the matter. If the committee concludes that there has been unauthorized practice of law, the committee shall attempt to persuade the respondent to enter into a written agreement to refrain from such conduct in the future, in accordance with R. 1:22-5.

(e) Pending Controversy No complaint shall be investigated if, to the committee's knowledge, the conduct complained of is the subject matter of or might affect a case or controversy pending in any court.