NJSBA chimes in on arbitration provisions following ‘Delaney’ decision
The New Jersey State Bar Association (NJSBA) urged the Supreme Court’s Advisory Committee on Professional Ethics (ACPE) not to expand the disclosure requirements for arbitration provisions in retainer agreements beyond those outlined by the Court in Delaney v. Dickey (A-30-19). The NJSBA instead recommended including in the Rules of Professional Conduct requirements set forth in the Dec. 21, 2020, opinion, finding that an arbitration provision that references a document regarding arbitration rights be presented to the potential client along with an explanation of those provisions.
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