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New Jersey Disciplinary Rules of Professional Conduct

Comment - Rule 1.8

This rule lists in detail several transactions in which an attorney may not participate since they would constitute conflicts of interests. With certain revisions the Court has adopted the recommendation of the Debevoise Committee. Subparagraph (a)(2) is revised so that in such situations an additional precondition to the transaction would be informing the client as to the desirability of seeking the advice of independent counsel. Paragraph (h) is revised, in accordance with NJSBA recommendations, so as to reflect language changes made by the ABA to the Kutak Commission version. And a new paragraph (k) is added affirmatively stating that the provisions of RPC 1.7(c), added by the Court, are applicable as well to cases covered by RPC 1.8.