Getty Images/iStockphoto Nonlawyers May Not Represent Parties in Arbitration or Mediation
The law in New Jersey is clear: A nonlawyer who represents a party in arbitration or mediation engages in the unauthorized practice of law.
February 18, 2022 at 11:00 AM
2 minute read
Op-Ed
The Jan. 24, 2022, editorial, titled "Who May Represent a Party in Arbitration?" states that the law in New Jersey is unclear as to whether nonlawyers may represent parties in arbitration. This is incorrect; the law in New Jersey is clear. Nonlawyers may not represent parties in arbitration or mediation. Supreme Court Committee on the Unauthorized Practice of Law Opinion 57 (April 2021). Out-of-state lawyers may engage in this conduct, but only if they qualify to do so pursuant to RPC 5.5(b)(3)(ii).
RPC 5.5, titled "Lawyers Not Admitted to the Bar of this State and the Lawful Practice of Law," includes, in the list of activities that are considered the practice of law, representation of a party in arbitration and mediation. RPC 5.5(b)(3)(ii). Hence, when "the lawyer engages in representation of a party to a dispute by participating in arbitration, mediation, or other alternate or complementary dispute resolution program," the lawyer is engaging in the practice of law. RPC 5.5(b)(3)(ii). An out-of-state lawyer may do so in New Jersey in accordance with RPC 5.5(b)(3)(ii), but a nonlawyer may not unless otherwise authorized by Court Rule, case law, or Committee opinion.
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