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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

1.4   Rule 1.4 Communication

1.4:100   Comparative Analysis of New Jersey Rule

• Primary New Jersey References: NJ Rule 1.4
• Background References: ABA Model Rule 1.4, Other Jurisdictions
• Commentary:
• NJ Commentary:

1.4:101      Model Rule Comparison

RPC 1.4 is identical to ABA Model Rule 1.4.

1.4:102      Model Code Comparison

There is no direct counterpart in the New Jersey RPCs.

1.4:200   Duty to Communicate with Client

• Primary New Jersey References: NJ Rule 1.4(a)
• Background References: ABA Model Rule 1.4(a), Other Jurisdictions
• Commentary: ABA/BNA § 31.501, ALI-LGL §§ 31, Wolfram §§ 4.5, 4.6
• NJ Commentary:

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

1.4:300   Duty to Consult with Client

• Primary New Jersey References: NJ Rule 1.4(b)
• Background References: ABA Model Rule 1.4(b), Other Jurisdictions
• Commentary: ABA/BNA § 31.501, ALI-LGL §§ 31, Wolfram §§ 4.5
• NJ Commentary:

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

1.4:400   Duty to Inform the Client of Settlement Offers

• Primary New Jersey References: NJ Rule 1.4
• Background References: ABA Model Rule 1.4, Other Jurisdictions
• Commentary: ABA/BNA § 31.501, ALI-LGL §§ 31, Wolfram §§ 4.5
• NJ Commentary: Section 34:5-3, Michels, New Jersey Attorney Ethics (Gann Law Books, Newark, 2000)

By virtue of the joint committee decisions N.J. Advisory Comm. on Professional Ethics Op. 666 and N.J. Comm. on Attorney Advertising Op. 14 (Oct. 5, 1992), there can be no language in a retainer agreement or letter of solicitation permitting an attorney to settle a case without first allowing the client to review and approve the terms of the settlement. See also RPC 1.2(a), requiring that a lawyer abide by the client’s decisions with regard to acceptance of offers of settlement.