The New Jersey State Bar Association (NJSBA) urged the New Jersey Supreme Court to affirm an Appellate Division holding that individuals seeking to bring legal malpractice actions against attorneys employed by the state as public defenders to represent private clients must meet the procedural requirements of the Tort Claims Act. In its brief submitted as amicus curiae in the matter of Chaparro v. Office of the Public Defender, Docket No. A-4475-17T4, the NJSBA urged the Supreme Court to extend the holding to include pool attorneys, attorneys assigned through the so-called Madden List and any attorney engaged by the government, for pay or pro bono, to provide constitutionally-mandated representation. NJSBA member George Conk authored the NJSBA’s brief.
“The scope of liability for breaches of professional duty like other tortious acts committed within the scope and course of professional employment may be substantial, as may the cost of defense,” the NJSBA brief said. “It is therefore noteworthy that state employees are guaranteed defense and indemnification for tort claims for the harmful consequences proximately caused by tortious acts or omissions within the scope of their State employment.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
