On Sept. 1, 2010, an often-criticized provision of the New Jersey Rules of Professional Conduct (RPC) was eliminated. The provision, within Section 5.5, pertained to the “lawful” practice of law in connection with alternative dispute resolution (ADR). Unlike the prior language, RPC 5.5 now permits out-of-state attorneys to represent clients in New Jersey during ADR without having to hire local counsel, register with the New Jersey Supreme Court or pay a court fee. This puts into effect an amendment adopted by the New Jersey Supreme Court on July 23, 2010.
The change in the requirements of RPC 5.5 has already begun to have a positive effect on ADR in New Jersey. Co-author to this article, Kirsten S. Branigan, serves as an arbitrator with the American Arbitration Association (AAA) and has seen firsthand the positive effects of the rule change. In a recent arbitration that occurred just after the rule change took effect, the out-of-state counsel was able to seamlessly appear on behalf of his client at the arbitration without having to adhere to the requirements embodied in the prior rule.
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