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New Jersey Disciplinary Rules of Professional Conduct

Comment - Rule 1.5

The Court adopts ABA Model Rule 1.5 with certain revisions, most of which were recommendations of the Debevoise Committee. The communication to the client regarding the basis or rate of fee as required in paragraph (b) must be in writing (rather than "preferably in writing"). See R. 1:21-7A. The limitation on the permissibility of contingent fee arrangements contained in paragraph (c) is broadened to provide for prohibitions "by law or by these rules." As to guidelines for contingent fees, see R. 1:21-7, as amended January 16, 1984. The limitation on division of fees as set forth in paragraph (e) is qualified by "except as otherwise provided by the Court Rules." See R. 1:39.

The eight enumerated factors in paragraph (a) to be considered in determining the reasonableness of a fee correspond nearly verbatim to those previously contained in DR 2-106. As to contingent fees, the proscription continues against their use in criminal or domestic relations matters. For the fee dispute resolution structure, see R. 1:20A. See also RPC 5.4.