The New Jersey Supreme Court has agreed to hear a case that calls into question what lawyers are obligated to do when presenting a retainer agreement that provides for arbitration of attorney-client disputes.

The court granted a petition for certification in Delaney v. Dickey, which concerns a 2015 retainer executed by Sills Cummis & Gross and a firm client. The agreement, calling for arbitration of any subsequent malpractice or fee claims, was challenged in court. The provision was upheld at the trial court level, but the Appellate Division earlier this year held the provision unenforceable and reversed.

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