New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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Can a New Jersey lawyer who drafts a client's will also serve as the executor of that will?
The Committee concluded that a lawyer who prepares a client's will may accept appointment as executor. Fiduciary commissions are payment earned for services rendered, not a 'substantial gift' barred…
Can a New Jersey lawyer who owns a stake in a title insurance company place that company's title insurance with the lawyer's own real estate clients?
The Committee declined to modify its earlier opinions and concluded that attorneys holding a substantive beneficial interest in a title insurance company, such as commissions, rebates, or profit…
Can a New Jersey law firm affiliate with a foreign law firm and pool profits as compensation for referring clients to each other?
The Committee concluded that the proposed affiliation, whose central purpose was reciprocal client referrals compensated through pooled profits, violated RPC 7.3(d), which bars compensating a person…
If a client secretly copies or reads the opposing party's confidential documents during litigation, must the lawyer disclose it?
The Committee concluded that where a client surreptitiously read or copied an adversary's confidential documents, the lawyer must disclose the conduct to the adversary, because allowing the client's…
Can a New Jersey lawyer represent an opposing attorney as a client in an unrelated matter while the two are adversaries in another case, if both clients consent?
The Committee concluded that the dual representation created an appearance of impropriety under RPC 1.7(c)(2) and was impermissible even with both clients' consent, because the appearance is judged…
Can a New Jersey lawyer represent a client before a board of taxation on which the lawyer's non-lawyer father sits, if the father recuses?
The Committee concluded that, with the father recusing himself from any matter handled by the lawyer or the lawyer's firm, no appearance of impropriety arises and the representation is permissible;…
Must a New Jersey lawyer who withdrew from a case disclose to the court that a former client or a witness may have testified falsely?
The Committee concluded the withdrawn lawyer had no obligation to disclose, because the client's confidences were protected by RPC 1.6, the information was not unequivocal, and in a quasi-criminal…
Can a full-time municipal police officer who is a licensed lawyer also serve as the municipal prosecutor in the same town?
The Committee concluded that a full-time municipal police officer may not simultaneously serve as municipal prosecutor in the same municipality, because the appearance of impropriety, judged by the…
Can a New Jersey lawyer and client sell a final judgment to a factor at a discount, and can the lawyer use the fee portion as loan collateral?
The Committee found no impropriety in an attorney and client selling a finally concluded judgment to an independent factor at a discount, or in the attorney advising the client of that option, so…
May a New Jersey lawyer conduct ex parte interviews of former employees of a corporate adversary that is represented by counsel?
The Committee concluded that the analysis governing ex parte contact with a corporate adversary's current employees applies with equal force to former employees: those whose acts bound or are…
If a partner from an opposing law firm joins our firm, must we stop representing the clients we have against that firm's client?
The Committee concluded that the firm's continued representation of its plaintiffs against the company defended by the joining partner's old firm would not be permitted once the partner joins,…
If an employee tells a corporation's lawyer that the company committed crimes, must the lawyer confront the client, withdraw, or report it to authorities?
The Committee concluded the lawyer's client is the corporation, so he must report the employee's allegations up to the president and directors under RPC 1.13(b); he need not withdraw unless the…
Can a New Jersey lawyer buy a client's own judgment at a discount?
The Committee held that a lawyer may purchase a client's JUA judgment at a discount, with full RPC 1.8(a) disclosure and written consent, only after judgment has been entered, because the lawyer is…
Can the same lawyer be both the municipal attorney and the municipal prosecutor for the same town?
The Committee held that a municipal attorney may not also serve the same municipality as municipal prosecutor, because the municipal attorney advises the town on matters that may become relevant to…
With the client's consent, can a lawyer keep the interest on trust funds, trade it for a lower fee, or invest trust funds overnight?
The Committee answered yes to all three: with the client's knowledge and consent, a client may waive interest on funds in a non-IOLTA interest-bearing general trust account (letting the lawyer…
Can a lawyer serve as counsel to a municipal housing agency while an associate in the firm sits on the same town's council?
The Committee concluded that as long as the inquirer's associate serves on the municipal council and remains part of the firm, an appearance of impropriety bars the inquirer from serving as counsel…
Can a municipal attorney represent individual town council members in their own private legal matters?
The Committee concluded a municipal attorney may represent a governing-body member in a private matter only if the member's and the municipality's interests are not intertwined; it is barred if the…
Can a municipal public defender that decides who qualifies for free representation then charge a private fee to a defendant it found ineligible?
The Committee concluded that a law firm hired by a municipality as public defender should not represent for a fee a defendant whom it found, after reviewing the defendant's finances, does not…
Will the ethics committee decide a conflict question about something the lawyer's firm has already done?
The Committee declined the township attorney's conflict inquiry on the same ground as Opinion 650: it rested on actual facts that had already occurred, and the Committee advises only on contemplated…
Will the New Jersey ethics committee give an opinion about conduct a lawyer has already engaged in?
The Committee declined jurisdiction, explaining that it advises only on a lawyer's contemplated future conduct; completed or present conduct is for the disciplinary authorities (the Office of…
Can an attorney who also serves as a county clerk maintain a private law practice?
The Committee concluded that R. 1:15-2 bars a county clerk only from practicing in court, not from an office practice, but the attorney must refrain from dealings with their own clerk's office, such…
Can a lawyer share office space with a private adoption agency that he also represents?
The Committee held the proposed arrangement improper: a lawyer who represents a private adoption agency may not share office space with it, because the shared facility could lead the public to…
If a board-of-adjustment member takes ad hoc legal work for the town, can he still represent private clients against the town?
The Committee concluded that a board-of-adjustment member who accepts ad hoc work as a special attorney for the town (including advising the mayor and council) becomes part of the municipality's…
Can a New Jersey lawyer charge a nonrefundable retainer?
The Committee held that a nonrefundable retainer is not unethical per se, provided the fee arrangement is fair and reasonable under RPC 1.5; even so, the unused portion should be returned if later…
Can a lawyer for a free public library's board of trustees represent private clients before the town's court and boards?
The Committee concluded that representing a free public library's board of trustees does not preclude the lawyer or the firm from representing private clients before the municipality's court,…
Can a firm that defends a town for its insurer also appear before the town's boards or file tax appeals against the town?
The Committee held that a firm retained by a municipality's insurer (or by a self-insured town's joint insurance fund) to defend tort suits is not part of the town's 'official family,' so it may…
Can a law firm use a title insurance agency owned by one of its own associates for the firm's real estate clients?
The Committee held that a firm may not use a title insurance agency owned by one of its associates to service the firm's real estate or mortgage-lender clients; the inherent conflict cannot be cured…
Can a New Jersey lawyer be a partner in more than one firm and form a partnership with out-of-state attorneys to share fees?
The Committee concluded that a lawyer may belong to more than one firm and may partner with out-of-state attorneys, and the partners may divide fees as they choose, provided a bona fide law…
Can a former judicial law clerk's new firm keep representing a party in a case that was pending before the judge during the clerkship?
The Committee concluded that where the former law clerk had nothing to do with the matters (another clerk handled them) and did not participate personally and substantially, neither the clerk nor…
Can a former prosecutor bring a civil case against a defendant he caused to be indicted on the same facts?
The Committee concluded the representation is impermissible: under RPC 1.11, a former prosecutor with prior knowledge and substantial responsibility in a criminal matter may not participate in a…
Does the appearance-of-impropriety bar reach a law clerk or non-lawyer who moves to a firm handling asbestos or tobacco litigation?
The Committee concluded that a prior association with asbestos or tobacco litigation does not, under ordinary circumstances, bar later employment with a firm involved in such litigation, provided a…
Can a law firm hire temporary (per diem) lawyers through a placement agency and pay the agency a percentage-based fee?
The Committee concluded that firms may employ temporary lawyers, with imputed disqualification under RPC 1.10 turning on a functional analysis of the temporary lawyer's access to other clients'…
Can a law firm lease its associates and staff from an employee leasing company without violating the ban on sharing fees with non-lawyers?
The Committee concluded that the described employee-leasing arrangement does not violate RPC 5.4, because the leasing company has no control over the lawyers' professional judgment and the leasing…
Is it a conflict for a municipal prosecutor to serve in a court where the judge is his second cousin?
The Committee concluded there is no conflict requiring disqualification: New Jersey's recusal rule disqualifies a judge only where the related attorney is a first cousin or closer, so a…
What are a lawyer's duties when a client appears mentally incompetent during a case?
The Committee concluded that the lawyer must try to keep the client informed of the case status unless the lawyer soundly believes she cannot comprehend it or that the communication would harm her…
Can a lawyer run a for-profit adoption referral and consulting business alongside a law practice, and advertise the two together?
The Committee concluded a lawyer may operate a separate for-profit referral business, but the law office and the other business must be kept entirely separate; advertising the referral service in…
Can a lawyer have a personal injury client sign a power of attorney to endorse the settlement draft and deposit it in the trust account?
The Committee found nothing improper in using an authorization, executed at the client's request and with consent after settlement and signing of the closing statement, to endorse the settlement…
Can a lawyer who is county counsel and a school board attorney appear before municipal boards where his father is a township committeeman?
The Committee concluded the attorney is not prohibited from appearing before municipal agencies (other than the Board of Education he represents) merely because he is county counsel, is school board…
Can the law partner of a municipal planning board's counsel serve as counsel to the municipal utilities authority in the same township?
The Committee applied its settled test that an attorney, or a partner of an attorney, cannot serve as counsel to two boards of the same municipality where there is or may be a conflict, rejected the…
Can a lawyer become a school board's attorney right after the lawyer's partner finishes a term as a member of that board?
The Committee concluded that both the former board member and his law partner should not serve as the board's attorney for six months following the member's service, regardless of how the…
Can a lawyer take a contingent fee to collect unpaid alimony arrears after a divorce judgment?
The Committee concluded that RPC 1.5(d)(1) does not bar a contingent fee for recovering post-judgment alimony arrears, because the action seeks to collect already-determined alimony rather than the…
Is it ethical to represent multiple plaintiffs when the defendant makes an all-or-nothing blanket settlement offer?
The Committee concluded there is no ethical problem in representing multiple plaintiffs who have no apparent conflict; a conflict arises only when an all-or-nothing blanket offer is made, at which…
May a lawyer represent an injured plaintiff suing the lawyer's current client, who is the plaintiff's relative, with recovery limited to insurance?
Under the former RPC 1.7(c)(2), the Committee prohibited the proposed suits by injured relatives against current clients, even with full consent and recovery limited to insurance.
When a Deputy Attorney General joins a private firm, what matters before his former state agency can he and the firm still handle?
The Committee concluded the association is proper if the firm withdraws from matters improper for it to handle: under RPC 1.11(a), where the former government lawyer had substantial participation,…
Can an attorney who had to withdraw from a driver/passenger case because of a conflict still collect a referral fee for sending one client to a certified trial attorney?
The Committee concluded a referral fee is not authorized: where a counterclaim creates a conflict requiring the attorney to withdraw from representing both driver and passenger, the forwarding of…
Can a lawyer who owns or acts as agent for a title insurance company place title insurance for the lawyer's own real estate clients?
For attorneys owning title-company stock, the Committee found an absolute conflict in representing purchaser clients, not cured by disclosure. For an attorney who is only a title agent without…
What kinds of letters can a paralegal sign on the law firm's letterhead?
The Committee concluded a paralegal may sign firm letterhead for routine gathering, dissemination, and filing of information or documents with non-tribunal entities (such as mortgage and title…
Can a lawyer who is also a police officer represent a defendant in the municipal court of the town where he serves as an officer?
The Committee concluded the representation is proscribed: allowing a police-officer attorney to defend in the municipal court of his own municipality would create the appearance that justice was not…
Can a lender's attorney do the borrower's title and closing work, billed through the lender, in a mortgage loan?
The Committee answered 'a clear yes,' it is improper: the arrangement was a scheme to avoid N.J.S.A. 46:10A-6, the statute guaranteeing a mortgage borrower the right to choose his own counsel.
If a lawyer who represented the plaintiff joins the firm defending the public board, can that firm keep defending the board in the pending case?
No. The Committee concluded the firm should withdraw from representing the Township Board of Adjustment, because a public body cannot consent to the conflict and a side-switching partner taints the…
Can a firm that represents a regional municipal utilities authority appear for a private client before a zoning board of a member town?
No. The Committee deemed a regional utilities authority an agency of each member municipality, so its counsel may not appear for a private client before that municipality's zoning board of adjustment.
Can a law firm borrow money to advance litigation costs and recover the interest from the client's recovery in a contingent-fee case?
Yes. The Committee found nothing unethical in a firm borrowing to advance disbursements and recovering principal and interest from the recovery, provided the arrangement is disclosed to the client…
Can the law partner of a part-time municipal judge handle civil forfeiture actions for the county prosecutor arising from arrests in the judge's town?
No. The Committee held that statutory forfeiture actions are penal in nature, so the bar of R. 1:15-1(b) extends to the judge's law partner, but only as to the county where the judge's court sits.
Does a conflict arise just because a lawyer represents two clients, a county college and its depository bank, that have a continuing relationship with each other?
No. The Committee found no conflict in representing two clients who have a continuing relationship where the lawyer takes no part for either client in that relationship.
Can the father or brother of an assistant prosecutor practice criminal law in the county where she serves as a prosecutor?
Yes. The Committee held that the family relationship alone does not bar criminal practice where the relatives never practiced together with the assistant prosecutor, who is one of more than twenty…
Can a lawyer deposit payroll taxes withheld from an employee's wages into the attorney trust account?
No. The Committee agreed with the Office of Attorney Ethics that the trust account may not hold payroll taxes: there is no attorney-client relationship in the employee's share, and the employer's…
Can a New Jersey lawyer threaten criminal charges in a collection letter to gain an advantage in a civil matter?
No. The Committee held that the principle of former DR 7-105, barring a lawyer from threatening criminal charges to obtain an improper advantage in a civil matter, remains in effect in New Jersey…
Can salaried employees or in-house insurance defense lawyers, who are not partners, have their names appear in a law firm's name on the letterhead?
No. The Committee held that listing employees' or salaried in-house lawyers' names in a firm name implies a partnership; under RPC 7.5 lawyers who are not in fact partners may not hold themselves…
Can a lawyer appear before a municipal judge who was his former law partner, where the firm still owes the judge a buyout and leases offices from him?
No. The Committee concluded that, absent permission from the Chief Justice, none of the lawyers in the firm may appear before the municipal court judge under R. 1:12.
Can a lawyer serve at the same time as a township solicitor and as part-time attorney for the county welfare board?
Yes, on these facts. Reconsidering Opinion 568 with fuller information, the Committee concluded its earlier finding was wrong: the municipal and county public-assistance functions are separate, so…
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. The Supreme Court of New Jersey has held that the Advisory Committee's published opinions are binding on the ethics committees that decide grievances (R. 1:19-6), and that a lawyer who does not follow one "does so at his peril" (Higgins v. Advisory Committee on Professional Ethics, 73 N.J. 123 (1977)). The Court can modify or vacate an opinion. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.