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 one lawyer serve as a municipality's corporation counsel and also as general counsel to a regional fire and rescue organization that the municipality belongs to?
No. The Committee found a per se, non-waivable conflict: corporation counsel owes loyalty to one municipality, while general counsel to the regional consortium owes loyalty to the whole, and their int…
When must a New Jersey lawyer pay a lien out of a client's settlement, and when can the money go to the client?
A lawyer must honor valid, undisputed statutory liens (child support, ERISA, Medicare, Medicaid, workers' compensation), liens the lawyer agreed to pay (such as a letter of protection), and liens the …
What must a New Jersey lawyer do when two people claim the same money the lawyer is holding in trust?
Hold the disputed portion separately until the dispute is resolved. If a colorable claim cannot be resolved quickly, keep it in trust or deposit it in court under Rule 4:57; only if a claim is clearly…
Does RPC 4.2's no-contact rule bar a lawyer who is representing himself (pro se) from communicating directly with a represented opposing party?
The Committee concludes RPC 4.2 does not apply to a lawyer proceeding pro se, because the rule opens with 'in representing a client' and self-representation is not representing a client. Other rules (…
Can a New Jersey certified attorney pay a referral fee to an out-of-state lawyer who is not licensed in New Jersey?
The opinion concluded no: certified attorneys generally could not pay referral fees to out-of-state lawyers not eligible to practice in New Jersey. The New Jersey Supreme Court vacated Opinion 745 on …
Can a New Jersey lawyer use state-regulated cannabis, or operate or invest in a cannabis business, without violating the Rules of Professional Conduct?
Yes. The Committee concluded that using regulated cannabis and operating or investing in a regulated cannabis business, in compliance with New Jersey law, does not violate RPC 8.4(b), even though it r…
If a lawyer in my firm personally owns part of a client we are advising in a deal, is that conflict imputed to the rest of the firm?
The Committee concludes a lawyer's financial stake in a client entity is a personal-interest conflict under RPC 1.7(a)(2) that is imputed to the firm under RPC 1.10(a). The RPC 1.10(a) exception for p…
Can a lawyer not licensed in New Jersey work remotely from a New Jersey home for an out-of-state firm or company without engaging in the unauthorized practice of law?
The Committees conclude a non-New-Jersey-licensed lawyer may work remotely from a New Jersey home on out-of-state matters, so long as the lawyer does not practice New Jersey law and does not maintain …
Can a New Jersey lawyer pay a marketing company for client 'leads,' and when does a paid lead become a prohibited referral?
The Committees conclude lawyers may not pay for client referrals (RPC 7.3(d)) and that paying a referral fee is impermissible fee-sharing (RPC 5.4(a)). A lawyer may pay per lead but not per client ret…
Can a non-law company sell legal services by matching paying customers with outside lawyers, and can a lawyer take that work?
The Committees conclude a company that is not a law firm commits the unauthorized practice of law when it contracts with customers to provide legal services and matches them with outside lawyers. A la…
If opposing counsel copies their own client on an email to me, can I 'reply all' to the client without violating the no-contact rule?
The Committee concludes a lawyer who includes the client in the 'to' or 'cc' line of a group email to opposing counsel is deemed to have impliedly consented to a 'reply all' that reaches the client, s…
Can a lawyer publicly respond to a false or negative online review posted by a client or prospective client?
The Committee concludes a lawyer may respond to a negative online review by stating disagreement with the reviewer's facts, but may not reveal 'information relating to representation' unless it is 'ge…
Can a lawyer donate legal services, such as a will, to a charity auction or silent-auction fundraiser?
The Committee concludes a lawyer may donate specified legal services for a charity fundraiser, overruling Opinion 319; the charity is not 'recommending' the lawyer under RPC 7.2(c) or 7.3(d), so long …
Can the same lawyer serve as municipal prosecutor and as planning board attorney in the same municipality?
Yes. The Committee held there is no per se bar; a municipal prosecutor is limited-scope (not plenary) counsel, so the lawyer may also serve as planning board attorney, subject to case-by-case conflict…
Can a New Jersey lawyer buy a competitor's name as a search-engine keyword so the lawyer's own website appears when someone searches that competitor?
Yes. The Committee held that buying a competitor's name as a keyword does not violate the RPCs, but inserting a hyperlink on a competitor's name to divert the user violates RPC 8.4(c). The Supreme Cou…
What are a lawyer's ethical duties when using a third-party vendor to electronically file court documents using the lawyer's credentials?
A lawyer may use third-party e-filing vendors but must exercise reasonable care in selecting one, ensure an enforceable obligation to keep documents confidential and secure (especially sealed filings)…
If a lawyer at a firm that represented a government body leaves to join the firm on the other side, can the new firm keep the case by screening her?
Yes, where she did not have primary responsibility. The Committee held that RPC 1.11's government-lawyer screening does not apply to a private firm's outside counsel; the analysis is under RPC 1.9 and…
Can a New Jersey lawyer participate in online legal-services platforms like Avvo, LegalZoom, or Rocket Lawyer?
No. The Committees held that New Jersey lawyers may not participate in Avvo's legal services because it requires impermissible fee sharing and referral fees (RPC 5.4(a), 7.2(c), 7.3(d)), and may not s…
Can a prosecutor publicly display drugs, weapons, or other contraband seized in a criminal investigation?
No. The Committee held that public displays of seized drugs, weapons, or other contraband are extrajudicial statements that violate RPC 3.6 and 3.8, and that the 2004 rule amendments did not change th…
Can a lawyer work as a lobbyist at a non-law-firm government affairs company alongside nonlawyers, and use 'Esq.' on its letterhead?
A lawyer may provide lobbying and government affairs services at a non-law-firm company alongside nonlawyers, but may not hold out as a lawyer, may not provide legal services, and must make clear to c…
Can a lawyer warn of contempt or sanctions in a subpoena duces tecum that is served by mail rather than personally?
The Committee concludes lawyers should not include language threatening sanctions in a subpoena duces tecum served by mail, because sanctions require personal service. It declines to call the threat a…
Can a part-time municipal court judge share in the fees their law partners or associates earn from criminal matters in other counties?
Yes. The Committee overruled Opinion 559 and held that a part-time municipal court judge may share in fees generated by partners or associates who handle criminal, quasi-criminal, or penal matters out…
Can a lawyer sign an ERISA health plan's subrogation agreement and personally guarantee that the client will repay the plan out of a personal injury recovery?
No. The Committee concludes a lawyer may not personally guarantee a client's repayment to an ERISA plan, because a personal guarantee is improper financial assistance to a client under RPC 1.8(e). A l…
Does a government lawyer have a nonwaivable conflict of interest when advising the agency on a furlough or pay cut that also reduces the lawyer's own pay?
Generally no. The Committee concludes an economic interest shared by a whole class of government lawyers, like a furlough hitting all agency employees, does not disqualify them from advising or repres…
Can a lawyer let a client or collection agency send debt collection letters on the lawyer's letterhead without the lawyer reviewing each file?
No. The Committees held that a lawyer must independently review each file and exercise professional judgment before a debt collection letter goes out on law firm letterhead; lending letterhead without…
When a health-care provider appoints a lawyer to represent an injured person in a PIP arbitration, must that lawyer notify the client's personal-injury counsel, and what conflicts arise?
The Committee concluded the PIP lawyer has no duty to notify the client's personal-injury lawyer, but must explain to the client how the arbitration could prejudice a later personal-injury suit, may f…
Can a law firm sell its delinquent accounts receivable to a third party or hire a collection agency to collect unpaid fees from former clients?
Yes, subject to conditions. The Committee concludes a firm may sell delinquent receivables or use a collection agency to collect fees from former clients, because RPC 1.6(d)(2) lets a lawyer reveal co…
Can an attorney serve at the same time as county counsel and as mayor of a strong-mayor municipality in the same county?
No. The Committee found a per se conflict when an attorney serves both as county counsel and as mayor of a constituent Faulkner Act 'strong-mayor' municipality, so the attorney may not hold both roles…
Can a lawyer condition a settlement on the client agreeing not to file, or to withdraw, an ethics grievance against the lawyer?
No. The Committee concluded that demanding, as a condition of settlement, that a client not file or withdraw an ethics grievance is prejudicial to the administration of justice and violates RPC 8.4(d)…
Can a paralegal or non-attorney legal assistant sign routine correspondence to clients, adverse attorneys, or courts in New Jersey?
Yes, for routine non-substantive correspondence. Modifying Opinion 611, the Committees concluded a supervised paralegal may sign routine, non-substantive correspondence if the paralegal's non-attorney…
Can a lawyer for an estate administrator agree to a surety company's conditions for issuing a bond, such as exercising joint control over estate assets, paying the bond premium, and reporting the client to the surety?
No. The Committee concluded a lawyer may not comply with these conditions: joint control over estate assets and protecting the surety create conflicts under RPC 1.7(a)(2) and 2.1, reporting the client…
Under New Jersey's rules at the time, could a home office or a 'virtual office' qualify as a lawyer's bona fide office, and how could satellite or of-counsel offices be listed on letterhead?
The Committee concluded a home office could qualify as a bona fide office but a 'virtual office' could not; a virtual office could be listed as a satellite only if marked 'by appointment only,' and of…
Can a New Jersey lawyer charge a contingent fee in a municipal-court motor vehicle or disorderly-persons case, such as refunding the fee if the charge is not reduced?
No. The Committee concluded that RPC 1.5(d)(2)'s ban on contingent fees in criminal cases also applies to quasi-criminal municipal-court matters, so lawyers may not offer to refund fees if a motor veh…
Can a New Jersey lawyer partner with, share fees with, or take referrals from a for-profit loan or mortgage modification company?
No to partnering or fee-sharing. The Committee concludes a New Jersey lawyer may not pay referral fees to, share fees with, work as in-house counsel for, or partner with a for-profit loan modification…
Can a New Jersey lawyer charge a 50 percent contingent fee in a consumer-protection case where the recovery includes statutory attorneys' fees?
The Committee concluded a fixed 50 percent contingency cannot be deemed reasonable per se and cannot be broadly approved where it would exceed the statutory, regulatory, or decisional framework that g…
Can a prosecutor condition a plea deal or pretrial intervention on the defendant releasing civil claims and agreeing to hold harmless the police or government?
No. The Committee concludes RPC 3.4(g) prohibits a prosecutor from conditioning a plea or entry into pretrial intervention on the defendant's release of civil liability and a hold-harmless agreement, …
Can a nonprofit trade association run an attorney-staffed legal hotline that disclaims any attorney-client relationship and waives conflicts for its members?
No, it cannot disclaim the relationship. The Committee concludes an attorney-client relationship ordinarily arises in one-on-one hotline advice, so the association cannot disclaim it; RPC 6.5 relaxes …
Must a lawyer who ghostwrites pleadings or provides unbundled, limited-scope help to a pro se litigant disclose that assistance to the court?
It depends. The Committee concludes limited-scope assistance is permitted under RPC 1.2(c) with informed consent, and disclosure to the court is required only when the help is part of an organized non…
Can a New Jersey attorney run a commercial divorce-mediation center under a trade name and have the center collect and keep the mediation fees?
No, not as structured. The Committee concludes that attorneys taking cases from the center practice law as limited-scope third-party neutrals; the mediation charges are legal fees, so the center's col…
Is it an ethics violation for a lawyer to amend a real estate contract to inflate the purchase price with a matching seller's concession in order to enlarge the buyer's mortgage loan?
Yes. The Committee concludes a lawyer who participates in raising the stated purchase price with an offsetting seller's credit, to increase the buyer's mortgage, violates RPC 1.2(d), RPC 4.1(a), and R…
Can a lawyer who also serves as a municipal police officer represent criminal defendants in private practice?
Not without limits. The Committee concludes that under RPC 1.8(k) and State v. Clark, a lawyer who is also a municipal police officer may not represent criminal defendants in matters arising in his mu…
Can an employer require its in-house counsel to sign a non-compete or other restrictive covenant as a condition of employment?
Largely no. The Committee concludes RPC 5.6 bars covenants that restrict a lawyer's right to practice and applies to in-house counsel; the agreement's non-compete and anti-raiding clauses violate RPC …
Can a lawyer serve as a member of an elected board of education and as the municipal attorney in the same township at the same time?
Yes, on the facts presented. With the appearance-of-impropriety standard eliminated in 2004, the Committee finds no per se conflict; because an elected board of education is largely autonomous from th…
Can an assistant county counsel also serve as a member of the governing council of a municipality in the same county?
It depends on the facts. After the 2004 elimination of the appearance-of-impropriety standard, there is no automatic bar, but the Committee warns that the two roles produce divided loyalty and recurri…
Does the state Conflicts of Interest Law (N.J.S.A. 52:13D-17) override RPC 1.11(c)'s screening allowance for a firm that hires a former government lawyer?
The Committee concludes that under Winberry and Knight, the Supreme Court's RPC 1.11(c), allowing screening and notification, should prevail over the more restrictive statute, but it declines to rule …
Can a law firm organized as a professional corporation create and wholly own a subsidiary law firm, keep the subsidiary's profits, and name the subsidiary after the lawyers who run it?
Yes to all three, with conditions. A law-firm PC may form a wholly-owned subsidiary organized as a PC or LLC to practice a specialized area of law, and may receive the subsidiary's net profits without…
Can a lawyer advise a client to contact other lawyers for representation on a pretextual basis just to conflict them out of representing the adversary?
No. The Committee concludes that advising a client to make pretextual contacts with lawyers in order to disqualify potential adversary counsel is conduct prejudicial to the administration of justice u…
After New Jersey abolished the appearance-of-impropriety rule, can a municipal attorney (or the firm) still represent a developer who owns property in that municipality on matters in other towns?
There is no longer a per se bar under the Rules. The Committee concludes that analysis under the current RPCs, after the appearance-of-impropriety doctrine was abolished, does not support an automatic…
Can a lawyer store and access client files electronically (scanning to PDF, email, cloud or web access) consistent with the ethics rules?
Yes, with safeguards. The Committee concludes the RPCs let a lawyer archive client-file documents electronically and use email or secure websites, but originals that are client property under RPC 1.15…
Can a legal-services organization disclose client-identifying information to a public funding agency that demands it as a condition of funding, and is a client consent form enough?
Generally no. Under In re 544, a client's identity is information relating to the representation protected by RPC 1.6, and it cannot be disclosed to a public or private funder absent a valid statute o…
Does New Jersey allow collaborative law, where both lawyers agree to withdraw if the case goes to litigation, and can a lawyer join an association of lawyers and nonlawyers that promotes collaborative practice?
Yes, with conditions. Collaborative law's mandatory-withdrawal agreement is a limitation on the scope of representation under RPC 1.2(c), permissible only if the lawyer reasonably judges it serves the…
In New Jersey, what makes a law firm's direct-mail solicitation letter to people charged with municipal offenses cross from permissible advertising into an ethics violation?
A joint opinion of the ACPE and the Committee on Attorney Advertising holds that solicitation letters which cast baseless aspersions on prosecutors and police, or misstate the prosecutor's role as sim…
In New Jersey, can a lawyer (or the lawyer's partners) who represents a municipal board or agency also represent private clients in that municipality's court or before its other agencies?
No. The Committee holds that a lawyer who represents a municipal body subject to the municipality's budgetary, membership, or decision-making control has the entire municipality as a client, so the la…
In New Jersey, can a lawyer who represents an estate's executor (or who is the executor) list the estate's real estate with a brokerage that employs the lawyer's spouse, if the spouse earns no commission on the sale?
Only with strict RPC 1.8(a) compliance. The Committee assumes that any referral to a real-estate agency in which the lawyer or the lawyer's spouse has a business interest benefits the lawyer, even whe…
If someone contacts a New Jersey law firm seeking representation against a company the firm already represents, must the firm tell its corporate client, and can the firm keep representing the company?
No, the firm must not disclose the contact. The would-be client's identity, the fact of the contact, and any information received are confidential under RPC 1.18 (effective January 1, 2004) and, even …
How long must a New Jersey lawyer keep a client's file after a matter is over, and when may the file be destroyed?
The opinion concluded that, absent an agreement fixing an earlier date, a client may assume the file will remain available for seven years after the matter is closed, after which it may be destroyed. …
Can the principals of a New Jersey law firm set up a separate title abstract company to prepare title reports for the firm's own foreclosure clients?
No. On the facts presented, the Committee concluded that a law firm's principals may not establish a separate title abstract company to provide title reports for the firm's foreclosure clients.
When may a New Jersey lawyer disburse from the trust account against an 'official check' received at a real estate closing before it has cleared?
The Committee concluded that a lawyer may disburse against a deposited instrument before collection only if it is drawn by a licensed bank on itself or another bank and the lawyer confirms the funds w…
Can a New Jersey lawyer be disciplined under RPC 8.4(g) for using peremptory challenges to strike minority jurors?
The Committee declined to read RPC 8.4(g) so that a court's finding of an impermissible discriminatory peremptory challenge under State v. Gilmore would automatically expose the attorney to discipline…
Does a New Jersey lawyer have to tell a client about a potential legal malpractice claim against the lawyer, and when?
Yes. The opinion concluded that RPC 1.7(b)(2) and RPC 1.4 require a lawyer to inform a client of a potential malpractice claim against the lawyer, and that disclosure must occur when the lawyer ascert…
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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. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.