NJSBA Family Law Section

We had interesting and informative discussions about the Notice to the Bar re: free initial copy of Divorce, so I figured I'd post this too:

NOTICE TO THE BAR
FILING REQUIREMENTS REGARDING SUBSTITUTIONS OF
ATTORNEY AND NOTICES OF APPEARANCE
This notice to the bar clarifies the filing requirements related to substitutions of
attorney and notices of appearance.
Substitution of Attorney Required for Firm Dissolution, Merger or Disbarment
A substitution of attorney must be filed where (1) an attorney's practice or firm
dissolves, (2) an attorney's practice or firm merges with another firm, and (3) an
attorney is disbarred from practice resulting in the dissolution or merger of that practice.
Where a law firm or practice seeks to dissolve, all matters transferred to another
attorney or law firm for representation require a substitution of attorney. All substitutions
of attorneys filed with the court require a $35 court filing fee for each matter pursuant to
Rule 1 :43.
Where a law firm or practice seeks to transfer more than 100 matters to one law
firm or practice, the process will be managed by the Superior Court Clerk's Office, which
will provide the firm with standard forms and instructions on how to complete the bulk
substitution. This bulk substitution process does not affect the required filing fees,
which remain $35 for each case in which the attorney or firm is substituting.
Law Firm Name Change; Requirement of Correspondence from Attorney
Where a law firm or practice seeks to change its name for reasons other than
those set forth above, written correspondence is required from an attorney in the firm so
notifying the Clerk of the Superior Court. In such situations a substitution of attorney is
not required to be filed on each matter where a firm name change is required. Law
firms are required to comply with all requirements necessary to effectuate the name
change throughout the courts electronic systems and databases. The law firm
requesting the change will be responsible for the nominal cost of the programming
necessary to complete the name change.
Procedure Where Substitution of Attorney Cannot Be Obtained
In instances where the substituting attorney is for whatever reason unable to
obtain the required substitution transferring the case to him or her for representation,
the filing of a notice of appearance will be sufficient to change the attorney of record
with the court. The attorney in that situation will be required to pay the $50 notice of
appearance filing fee.
Questions regarding this notice may be directed to Michelle M. Smith, Clerk of
the Superior Court, by email at [email protected] or by telephone at 609-
421-6100.
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: October 13, 2016