This article is the second in a four-part series highlighting the year’s membership accomplishments, advocacy efforts, CLE and educational programs and the work of the New Jersey State Bar Foundation. Join us as we celebrate another year of fulfilling a shared mission – to improve the legal profession and advance the rule of law.
Advocacy is a core function of the state bar. When the NJSBA acts as amicus curiae in pending cases before state and federal courts, it draws on the expertise of its sections and committees to prepare briefs and oral arguments. These cases address key issues affecting the legal profession and the justice system. In the state Legislature, volunteer lawyers dedicate their time and expertise to advancing legislative positions on bills that impact the practice of law or support the mission of the NJSBA.
In 2025, the Association handled nine amicus cases and provided input on dozens of statehouse bills for the benefit of New Jersey attorneys, the profession and the public. Here’s a look at the NJSBA’s outstanding advocacy over the past year, carried out by volunteer members on a pro bono basis.
ACPE Opinion 745
The NJSBA acted quickly to challenge ACPE Opinion 745, which had prohibited New Jersey attorneys from paying referral fees to out-of-state lawyers. The opinion disrupted decades of practice and created uncertainty around existing referral arrangements. Joining with other entities, the NJSBA successfully petitioned the state Supreme Court, which reversed the opinion in February. NJSBA Second Vice President Diana C. Manning argued the case before the Court, with members Christina Vassillou Harvey and Kyle A. Valente contributing to the Association’s brief.
ACPE Opinion 735
NJSBA member Bonnie C. Frost argued before the Court that purchasing another attorney’s name as an internet search term for advertising purposes should constitute an ethics violation. While the practice is permitted in New Jersey and many other states, the NJSBA maintained that it allows attorneys to profit from the goodwill and reputation of their peers, undermining the high ethical standards expected in attorney advertising. Despite calls to repeal the ACPE opinion, the Court ultimately upheld the practice, with one justice dissenting. NJSBA Past President William H. Mergner Jr., Bonnie C. Frost and Assistant Executive Director/General Counsel Sharon A. Balsamo contributed to the Association’s brief.
Christakos v. Boyadjis
The NJSBA participated as amicus curiae in a case addressing whether an attorney can be held liable for malpractice to a non-client. The dispute arose from a suit brought by a woman who claimed that a lawyer had excluded her as a beneficiary in a will he drafted for another client. NJSBA Second Vice President Diana C. Manning presented the Association’s position, urging the Court to maintain a narrow definition of attorney liability to non-clients that is consistent with existing precedent. The case remains pending before the Court. NJSBA President Christine A. Amalfe, Benjamin J. DiLorenzo and Kyle A. Valente contributed to the Association’s brief.
State v. Norcross
The NJSBA joined as amicus in this high-profile case exploring whether an attorney should face criminal prosecution absent a compelling demonstration of a conscious effort by the attorney to further their client’s alleged criminal conduct. The NJSBA advocated for a heightened mens rea standard when the state seeks to indict an attorney for actions associated with the attorney’s representation of a client. David R. Kott argued in the Appellate Division on the Association’s behalf. NJSBA President-Elect Norberto A. Garcia, Geoffrey N. Rosamond and Benjamin T. Klein also contributed to the Association’s brief.
Department of Children and Families v. R.L.
NJSBA Past President Jeralyn L. Lawrence urged the Appellate Division to abolish the “Not Established” standard in child welfare cases. She argued that the state’s four-tier system of evaluating child abuse and neglect allegations is an unfair “catch-all” standard that damages people’s lives, reputations and child-parent relationships. In addition to Lawrence, NJSBA members Matheu D. Nunn, Esq. and Brian G. Paul contributed to the Association’s brief.
Anchor Law Firm v. NJ
The Supreme Court is the sole authority to regulate the practice of law in New Jersey, Second Vice President Diana C. Manning argued before the Appellate Division. The case involved language in the New Jersey Debt Adjustment and Credit Counseling Act that attempts to regulate attorneys who provide debt adjustment services as part of their practice. NJSBA Past President William H. Mergner Jr. and Kyle A. Valente contributed to the Association’s brief.
Lackey v. Stinnie
In a rare milestone, NJSBA advocacy reached the U.S. Supreme Court in a case examining whether prevailing-party status – and the corresponding entitlement to attorney’s fees – applies when a case is rendered moot by legislative action. While the Association did not participate in oral argument, retired New Jersey Supreme Court Justice Gary S. Stein submitted a brief on its behalf, with contributions from NJSBA Past President Robert B. Hille and members Dominique Kilmartin, Peter J. Gallagher and James A. Lewis V.
State v. Cunningham
The NJSBA sought to participate in Special Adjudicator hearings on the reliability of test results from a new breath-testing device, the Alcotest 9510, for admission in driving while intoxicated prosecutions to establish a defendant’s guilt or innocence. NJSBA Past President Timothy F. McGoughran and Assistant Executive Director/General Counsel Sharon A. Balsamo contributed to the Association’s brief.
Notable Legislative Advocacy
S3772 (Lagana)/A5198 (Sampson) – A bill concerning the valuation of board and lodging with respect to workers compensation. The NJSBA-drafted bill is advancing toward a full Senate vote and nearing final approval in the Assembly. The legislation would raise compensation for injured workers who receive board and lodging as part of their pay from $25 to the current market rate, unless the employer and employee agreed otherwise at the time of hiring.
S2437 (Mukherji)/A4471 (Ramirez) – A bill that directs the Office of the Public Defender to provide legal representation for certain criminal contempt violations. The NJSBA has worked tirelessly to pass this bill, which stalled in the Assembly while the Office of the Public Defender finds funding for the bill.
S4499 (Scutari) – A measure that requires defendants, including insurance companies named as defendants, to be properly identified in causes of action. The NJSBA opposed this bill, which stalled in the Assembly.
S4510 (Lagana)/A5761 (Carter) – A bill that clarifies procedures in certain contested child custody cases. The NJSBA successfully secured amendments to the bill clarifying the appropriate circumstances under which families may participate in reunification therapy.
A4000 (Murphy)/S3148 (Mukherji) – A measure that establishes the Office of the Professional Corporate Guardian. The NJSBA testified against this bill, which would create an office of professional guardians and create an alternative pathway to assign a caregiver to an alleged incapacitated person without going to court to have the person declared incapacitated. The bill remains pending in the Assembly and with a counterpart bill in the Senate.