On March 25, effective April 1, the New Jersey Supreme Court amended Rule of Professional Conduct (RPC) 1.16 by adding the following prohibition: “No lawyer shall assert a common law retaining lien.” Previously, attorneys were permitted to retain possession of a client’s property until the outstanding bill for legal services was paid. Brauer v. Hotel Associates, 40 N.J. 415 (1963).
Now that an attorney cannot retain possession of a client’s papers to obtain payment, what can she do to collect payment? An attorney can proceed by:
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