NJSBA amicus curiae roundup

Delaney v. Dickey

The New Jersey State Bar Association (NJSBA) filed an amicus curiae brief urging the Supreme Court to reverse an appellate court decision expanding the requirements attendant to meeting the requirements of Rule of Professional Conduct (RPC) 1.4(c) in entering into a retainer agreement with a potential client. That RPC requires a lawyer to explain the agreement as reasonably necessary to permit the client to make informed decisions about the representation. The Appellate Division concluded the rule is breached when a retainer agreement references a document containing material terms of mandatory arbitration of a legal practice claim is not attached to the agreement, or when a client is not affirmatively provided an explanation of those terms before signing the agreement.

"In deciding the matter at bar, the Appellate Division engaged in improper rulemaking, a function that is exclusively reserved for this court following committee consideration and public commentary," argued the NJSBA in its amicus brief. On the brief are NJSBA Trustee Andrea J. Sullivan and Kersten Kortbawi.