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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


New Jersey Legal Ethics

I. CLIENT-LAWYER RELATIONSHIP

1.1   Rule 1.1 Competence

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:

[The discussion of this topic has not yet been written.]

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

[The discussion of this topic has not yet been written.]

1.1:330      Standard of Care

[The discussion of this topic has not yet been written.]

1.1:335      Requirement of Expert Testimony

[The discussion of this topic has not yet been written.]

1.1:340      Causation and Damages

[The discussion of this topic has not yet been written.]

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]

[The discussion of this topic has not yet been written.]

1.1:370      Defenses to Malpractice Claim

[The discussion of this topic has not yet been written.]

1.1:380      Liability to Client for Breach of Contract, Breach of Fiduciary Duty, and Other Liabilities

[The discussion of this topic has not yet been written.]

1.1:390      Liability When Non-Lawyer Would Be Liable

[The discussion of this topic has not yet been written.]

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:

[The discussion of this topic has not yet been written.]

1.1:410      Duty of Care to Certain Non-Clients

[The discussion of this topic has not yet been written.]

1.1:420      Reliance on Lawyer's Opinion [see also 2.3:300]

[The discussion of this topic has not yet been written.]

1.1:430      Assisting Unlawful Conduct [see also 1.2:600-1.2:630]

[The discussion of this topic has not yet been written.]

1.1:440      Knowledge of Client's Breach of a Fiduciary Duty [see also 1.13:520]

[The discussion of this topic has not yet been written.]

1.1:450      Failing to Prevent Death or Bodily Injury

[The discussion of this topic has not yet been written.]

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:

[The discussion of this topic has not yet been written.]

1.1:510      Advocate's Defamation Privilege

[The discussion of this topic has not yet been written.]

1.1:520      Wrongful Use of Civil Proceedings; Abuse of Process; False Arrest

[The discussion of this topic has not yet been written.]

1.1:530      Assisting Client to Break a Contract

[The discussion of this topic has not yet been written.]

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:

[The discussion of this topic has not yet been written.]