New Jersey Legal Ethics
I. CLIENT-LAWYER RELATIONSHIP
1.1:100 Comparative Analysis of New Jersey Rule
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary:
• NJ Commentary:
1.1:101 Model Rule Comparison
New Jersey’s RPC 1.1 differs significantly from ABA Model Rule 1.1. RPC 1.1 is based on New Jersey former Disciplinary Rule 6-101.
1.1:102 Model Code Comparison
There is no direct counterpart in the New Jersey RPCs.
1.1:200 Disciplinary Standard of Competence
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 31:201, ALI-LGL § 28, Wolfram § 5.1
• NJ Commentary:
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1.1:300 Malpractice Liability
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 301:101, ALI-LGL § 71-76 , Wolfram § 5.6
• NJ Commentary:
1.1:310 Relevance of Ethics Codes in Malpractice Actions
Violation of the RPCs, standing alone, is not the basis for civil liability against an attorney. It remains, however, evidence of malpractice. See Baxt v. Liloia, 155 N.J. 190, 199 (1998) (“plaintiffs may present evidence that an attorney has violated the RPCs in cases claiming the attorney has breached the standard of care”). The RPCs may also be relevant in determining whether an attorney owes a duty to a third party. Ibid.
1.1:320 Duty to Client
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1.1:330 Standard of Care
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1.1:335 Requirement of Expert Testimony
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1.1:340 Causation and Damages
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1.1:350 Waiver of Prospective Liability [see 1.8:910]
A lawyer may not enter into an agreement prospectively limiting his or her liability for malpractice, unless (i) the client fails to act in accordance with the lawyer’s advice or refuses to allow the lawyer to act in accordance with the lawyer’s advice, and (ii) the lawyer’s representation of the client continues at the client’s request. See RPC 1.8(h). Thus, because most retainer agreements are entered into before a lawyer has rendered advice to the client, it is unlikely that a limitation on the attorney’s liability for malpractice would ever be permissible in such an agreement. See Section 34:5-5, Michels, New Jersey Attorney Ethics (Gann Law Books, Newark, 2000).
1.1:360 Settlement of Client's Malpractice Claim [see 1.8:920]
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1.1:370 Defenses to Malpractice Claim
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1.1:380 Liability to Client for Breach of Contract, Breach of Fiduciary Duty, and Other Liabilities
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1.1:390 Liability When Non-Lawyer Would Be Liable
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1.1:400 Liability to Certain Non-Clients
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 71:1101, ALI-LGL § 73, Wolfram § 5.6
• NJ Commentary:
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1.1:410 Duty of Care to Certain Non-Clients
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1.1:420 Reliance on Lawyer's Opinion [see also 2.3:300]
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1.1:430 Assisting Unlawful Conduct [see also 1.2:600-1.2:630]
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1.1:440 Knowledge of Client's Breach of a Fiduciary Duty [see also 1.13:520]
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1.1:450 Failing to Prevent Death or Bodily Injury
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1.1:500 Defenses and Exceptions to Liability
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 301:1001, ALI-LGL §§ 76, 78, Wolfram § 5.6
• NJ Commentary:
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1.1:510 Advocate's Defamation Privilege
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1.1:520 Wrongful Use of Civil Proceedings; Abuse of Process; False Arrest
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1.1:530 Assisting Client to Break a Contract
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1.1:600 Vicarious Liability [see 5.1:500]
• Primary New Jersey References: NJ Rule 1.1
• Background References: ABA Model Rule 1.1, Other Jurisdictions
• Commentary: ABA/BNA § 91:201, ALI-LGL § 79, Wolfram § 5.6
• NJ Commentary:
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