A sharply divided New Jersey Supreme Court ruled April 26 that attorneys can be held liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients.

In a 3-2 ruling in Innes v. Marzano-Lesnevich, the majority expanded the fee-shifting standards set in its 1996 ruling in Saffer v. Willoughby, where the court said attorneys could be held liable for counsel fees when their clients are successful in legal malpractice actions.

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