The New Jersey Supreme Court affirmed the Appellate Division’s holding, that a retainer agreement in a Law Against Discrimination (LAD) case that imposed legal fees and costs on a client even if the lawsuit failed, is invalid. But, the Court reserved comment on “ethical pronouncements” by the lower court, recommending further review for consideration by a newly created ad hoc committee.
“The New Jersey Supreme Court decision today on Balducci v. Cige concurs with the New Jersey State Bar Association’s amicus argument that there needs to be a more robust decision-making process to address what it considers the Appellate Division’s new mandates imposing ethical requirements that could significantly impact the ability of attorneys to retain and serve their clients. The NJSBA hopes to play a role in that process,” said NJSBA President Evelyn Padin.
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