The Federal Trade Commission has recently determined that attorneys who provide "significant" financial advice including but not limited to tax planning, tax preparation or real estate settlement services, must also provide a Notice of Privacy Policy. The Federal Trade Commission, in reaching this determination, has held that this notification is mandated by the Gramm-Leach-Bliley Act, Pub. Law 106-102 (November 12, 1999) and the related Federal Trade Commission regulations found in 16 C.F.R. Part 313 (May 24, 2000).

 

Notice of privacy Policy maintained by this office, in connection with our representation of your interests as clients.

 

We are initially bound and governed by RPC 1.6 of the Rules of Professional Conduct, as adopted by the Supreme Coup of the State of New Jersey. RPC 1.6, titled "Confidentiality of Information", specifically provides in pertinent part as follows: 

 

(A) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).

 

(B) A lawyer shall reveal such information to the proper authorities as soon as, and to the extent necessary the lawyer reasonably believes necessary, to present the client

 

1. from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm or substantial injury to the financial interest or property of another;

2. from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to perpetuate a fraud upon a tribunal.

 

(C) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

 

1. to rectify the consequences of a client's criminal, illegal or fraudulent act in the furtherance of which the lawyer's services had been used;

2. to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge, civil claim or disciplinary proceeding against the lawyer based upon the conduct in which the client was involved; or

3. to comply with other law.

 

It is the Privacy Policy of this office to adhere to the dictates and requirements set forth within the Rules of Professional Responsibility. In this regard, it is our policy to not share non-public information about you with any third parties, without your consent, except as permitted and required by law. These exceptions include situations in which we are required to respond to a subpoena or court order, judicial process or regulatory authorities; situations arising from a proposed or actual sale, merger, or transfer of all or a portion of a business or operating 

unit; and to protect against fraud. 

 

Even if you are no longer a client of this office, the foregoing Privacy Policy will continue to apply to you. 

 

This office reserves the right to amend this Privacy Policy, so as to continue to comply with the requirements set forth within the Rules of Professional Responsibility, at any time. Please be further advised that the examples contained within this Privacy Policy are illustrative, and should not be considered exclusive.