The New Jersey State Bar Association submitted comments to the Administrative Office to the Courts in response to several proposed rules amendments.
Rules of Professional Conduct 1.6 and 7.2
In response to the recommendation to amend RPC 7.6(b) to require the retention of webpages of an attorney’s or a law firm’s website in the form of an electronic backup on at least a monthly basis, and retain the information for a period of three years, the NJSBA urged the Court to reject the proposal because of the onerous and expensive burdens on attorneys. The association noted that despite the rule’s aim to adequately review allegations of fraudulent advertising, the allegations are few compared to the number of attorneys to whom this backup requirement would apply. A more suitable alternative would be to require the individual alleging the fraudulent conduct to capture an image of the offending page or pages so they can be reviewed by the committee.
RPC 1.6(a) would be amended to expressly permit a lawyer to disclose information relating to representation that is “generally known” as opposed to the current rule, which broadly requires lawyers to maintain confidentiality of “information relating to representation of a client” unless the client has consented. The NJSBA asked for clarification that unless the client’s representation by a lawyer is itself “generally known,” client identity should remain confidential.
Rule 2:11-1 Concerning Oral Argument Before the Appellate Division and Supreme Court
The Supreme Court Clerk’s Office is considering an amendment to Rule 2:11-1(b)(3) to limit the number of attorneys who appear at oral argument in the Appellate Division or the Supreme Court on behalf of a single party from up to two attorneys to only one attorney for each party. The NJSBA urged the Court to reject this amendment as unnecessary and counterproductive, and not in the interest of justice.
The association pointed out that specialized skills are often required for appellate advocacy that demand more than one attorney to present arguments, each on discreet issues. “When the best advocate for a particular issue is permitted to offer arguments, both the court and the public are well served,” said NJSBA President John E. Keefe Jr.
Complex Business Litigation Program Rules
The NJSBA outlined concerns about the Complex Business Litigation Program, in particular presumptive constraints contained in the proposals, specifically with regard to time and discovery limitations, which it considered unrealistic and would impair the fair prosecution of the complex case to which they are meant to apply. Rather, the association believes, the judges should have discretion to develop a case management plan that is appropriate for the specific case, similar to the way federal courts practice.
To read the NJSBA’s comments, click here.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.