The New Jersey State Bar Association’s (NJSBA) governing body met last month to discuss issues facing the legal community, including arbitration agreements and proposed court rule changes.
Key among the discussion when the Board of Trustees met virtually on March 19 were arbitration agreements. The trustees approved draft model arbitration disclosure language to be shared with the Judiciary.
The draft language was provided as follow-up to the comments the board submitted to the Court’s Advisory Committee on Professional Ethics (ACPE) regarding required disclosures when including an arbitration clause in a retainer agreement, pursuant to Delaney v. Dickey. The NJSBA was an amicus party in the Delaney case, in which the Court upheld the use of arbitration clauses in retainer agreements but concluded attorneys must provide clients with additional information to ensure they are fully aware of the differences between arbitration and a judicial trial.
The Association previously urged the ACPE to recommend adoption of the guidelines contained in the Delaney decision and said model language on arbitration clauses should be included in those updates. To review the proposed language, visit njsba.com.
The trustees also discussed the Judiciary’s various committee reports and agreed to submit recommendations. Comments were submitted about proposals related to the rules of evidence; municipal court matters; family practice issues; and proposals from the Committee on Diversity, Inclusion and Community Engagement.
In addition, the NJSBA submitted separate comments on proposals meant to address the unique needs and perspective of child witnesses, as well as proposed new model voir dire questions and updates to model civil and criminal jury charges.
“The NJSBA recognizes the importance of ensuring our rules are clear, establish procedures that are fair to all parties, and advance the interests of and access to justice,” the Association wrote to the Administrative Office of the Courts.
The NJSBA Board of Trustees also approved the selection of representatives to the New Jersey State Bar Foundation’s Board of Trustees.
The reappointed trustees are: Kelly Ann Bird; Thomas J. Manzo, Katrina Homel; Mikeisha Anderson; Ralph J. Lamparello, former NJSBA president; and former Association Trustee Heather Suarez. NJSBA Trustee Alexandra Gallo was appointed as a new trustee to the Foundation board, beginning in June. Norberto Garcia, who is concluding as Foundation president and will become secretary of the NJSBA in May, will also sit on the Foundation board since he will be an officer of the Association.