Every year, the Office of Attorney Ethics of the New Jersey Supreme Court produces an Attorney Disciplinary System Report. The report may be found here.

The report examines and provides detailed statistics on a number of topics relating to attorney discipline in New Jersey. How many disciplinary investigations are occurring? How many lead to

It is generally known and accepted that a client who sues its attorney waives the attorney-client privilege as to the alleged malpractice the client has placed at issue in the litigation.¹

The easiest examples of “at issue” waiver concern communications between the client and attorney, as well as the documents reflecting the attorney’s work in the underlying matter at issue.  But what happens when the client retains successor counsel to take over the representation and to sue the first attorney?  In the malpractice lawsuit, is the defendant-attorney entitled to obtain in discovery the communications between the client and successor counsel, and if so, to what extent?  What about communications reflecting the advice successor counsel gives the client in the underlying lawsuit if the defendant-attorney believes that advice was questionable and led to, for example, an unnecessarily bad settlement?
Continue Reading Does Privilege Apply to Communications Between a Legal Malpractice Plaintiff and Its New Attorney in the Underlying Lawsuit? Caselaw Update, a Hypothetical and Some Practice Pointers to Consider for the Client, Defendant and Successor Counsel

One of the areas I like to address for my fellow New Jersey/New York attorneys is the differences between how things work in each state, including the rules governing the conduct of attorneys.  With New York and New Jersey now allowing reciprocity (also known as admission on motion), there are some great opportunities for attorneys

On December 10, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 55 to provide additional guidance on when an out-of-state lawyer can practice immigration law in New Jersey.

The Opinion stems in part from an earlier opinion (No. 44, October 2008) issued by the Committee on the Unauthorized Practice

On June 25, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 735, deciding that Lawyer A can ethically purchase a Google AdwordSM or keyword that is competitor Lawyer B’s name (e.g., Pat Smith Law Firm purchases a keyword for Alex Doe Law Firm, so that when users search “Alex Doe Law Firm,” Pat Smith Law Firm will also appear in the search results, generally as an “ad.”  Lawyer A, however, crosses the line when (s)he pays a search engine to insert a hyperlink on Lawyer B’s name that diverts the user to Lawyer A’s firm when the user clicks on it. 
Continue Reading Lawyers may purchase a Google AdwordSM or keyword that is a competitor lawyer’s name, but there are ethical limits to what lawyers can do with search engine services

There are three basic components to an attorney’s eligibility to practice in the State of New Jersey: (1) annual registration, including making the required annual payments to the Lawyer’s Fund for Client Protection (N.J. Ct. R. 1:28); (2) fulfilling the bi-annual CLE reporting requirements; and (3) maintaining an IOLTA (Interest on Lawyers Trust Accounts)

On June 25, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 736, deciding that a lawyer is not per se prohibited from concurrently serving as a municipal prosecutor and planning board attorney in the same borough.  This Opinion represents the latest in an ongoing series over the years that have responded to RPC changes on the delicate and often complicated conflicts of interest analysis that accompanies the representation of government entities – while cautioning lawyers to be mindful of the case-by-case analysis in RPCs 1.7(a)(2) and 1.8(k) that still applies.
Continue Reading Lawyers may now serve as municipal prosecutor and planning board attorney in same municipality: (Opinion 736)