The New Jersey State Bar Association (NJSBA) Board of Trustees took action on several measures at its July 16 meeting, including involvement as a friend of the court in a case.

The board agreed to seek amicus curiae status in Moynihan v. Lynch, a case on appeal in the state Supreme Court. The matter focuses on the enforceability of a written palimony agreement where a notarized agreement was unenforceable because the parties had not sought legal advice. The NJSBA will argue that the Court has the equitable power to enforce agreements when to do otherwise would be unjust, and that while involvement of legal counsel should always be encouraged, when reviewing the totality of circumstances surrounding an agreement, the lack of such involvement should not render an otherwise valid agreement unenforceable.

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