BAR REPORT - Oct. 31, 2022
In this week's Bar Report: NJSBA's 'Madden' Summit highlights concerns about assignment in right to counsel matters; the Board of Trustees advanced the Association's advocacy on attorney retainer agreements at its Oct. 14 meeting; and an interview with Seth Abrams, the new chair of the Internet and Computer Law Committee.
October 31, 2022 at 10:00 AM
7 minute read
New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google
Capitol Report
NJSBA's 'Madden' Summit highlights concerns about assignment in right to counsel matters. The New Jersey State Bar Association hosted a program to promote a discussion on the current state of the Madden assignment system that matches attorneys with indigent litigants entitled to counsel in certain matters. The Madden Summit was co-sponsored by the Right to Counsel Implementation Subcommittee and the Pro Bono Committee and welcomed county bar associations and legal service providers to discuss recommendations made by the NJSBA in its report—Achieving Effective Representation in Right to Counsel Matters.
"When an attorney is assigned, it is important to ensure that the litigant not only has legal representation, but is guided by an attorney who has the expertise to offer proper counsel on that specific matter," said NJSBA president Jeralyn L. Lawrence. "This attorney should be able to serve without impeding their own obligations—both ethically and professionally—to represent their client effectively."
Lawrence kicked off a presentation outlining the history of Madden assignments, stemming from the New Jersey Supreme Court's decision in Madden v. Township of Delran and the ethics of representing a Madden client. The consensus was that the current assignment system must be fixed and attendees shared their views on potential fixes.
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