Since the decision in Saffer v. Willoughby, 143 N.J. 256 (1996), plaintiffs in legal malpractice actions have generally been able to recover their attorney fees in the underlying matter, where the attorney committed negligence, as well as their attorney fees in pursuing the malpractice action.
With the award of fees in suits against attorneys again the subject of judicial interest, judging from the recent case law in New Jersey, it is fair to ask whether the Saffer rule should be revisited. Innes v. Marzano-Lesnevich, 435 N.J. Super. 198 (App. Div. 2014), certif. granted, 220 N.J. 37 (2014); Cf. Kaye v. Rosefielde, 223 N.J. 218 (2015).
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