The New Jersey State Bar Association's (NJSBA) governing body met last month to discuss issues facing the legal community, including arbitration agreements and proposed court rule changes.

Key among the discussion when the Board of Trustees met virtually on March 19 were arbitration agreements. The trustees approved draft model arbitration disclosure language to be shared with the Judiciary.

The draft language was provided as follow-up to the comments the board submitted to the Court's Advisory Committee on Professional Ethics (ACPE) regarding required disclosures when including an arbitration clause in a retainer agreement, pursuant to Delaney v. Dickey. The NJSBA was an amicus party in the Delaney case, in which the Court upheld the use of arbitration clauses in retainer agreements but concluded attorneys must provide clients with additional information to ensure they are fully aware of the differences between arbitration and a judicial trial.