NJSBA Family Law Section

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  • 1.  Ethical Question: Being Hired as "Legal Advisor"

    Posted 10-23-2020 02:35 PM

    Folks,

    The friend of a client wants to hire me to be his "legal advisor" in a divorce, because he can't afford to hire me to be his attorney in the conventional way. He was not happy with his previous attorney, who charged him a lot but didn't resolve much.

      I would advise this PC on procedural and substantive matters, review documents, suggest approaches, interpret legal issues, etc. We would have a written agreement stating that I am not responsible for the ultimate result, among other things.

      Do you think this creates ethical problems? Insurance issues?

      I'm sure this has probably been asked before,  but it's been long time since I have seen anything posted about this issue.

    Thanks,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

    Immediate Past Chair, NJ State Bar Association Solo and Small-Firm Section

    www.zohnlaw.com

     



  • 2.  RE: Ethical Question: Being Hired as "Legal Advisor"

    Posted 10-23-2020 02:44 PM

    I am not sure how this is any different than when attorneys do limited retainers to review or prepare pleadings or advise on a settlement agreement but do not ultimately represent the client in the courts for the divorce.  I think that if your retainer agreement sets clear parameters as to what it covers and does not cover, you would be okay.  However, I cannot speak to the insurance side of it, I am just a measly associate so that is above my pay grade ��

     

    Crystal M. Ullrich, Esq.

    Weinberger Divorce and Family Law Group, LLC

    908-845-5000   [email protected]  I   www.WLG.com

     

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  • 3.  RE: Ethical Question: Being Hired as "Legal Advisor"

    Posted 10-23-2020 02:53 PM
    I vaguely recall that if you are to be writing anything that the client will submit under his/her name to Court, that that fact has to be related to the Court. Double check.  
    Allan Weinberg Esq.
    Master of Laws (LL.M.)
     
    p: 732.806.5529 v/t p/f: 732.845.0144 fax
    a: 200 Highway 9, Suite 400, Manalapan, NJ 07726
     
     





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  • 4.  RE: Ethical Question: Being Hired as "Legal Advisor"

    Posted 10-23-2020 03:45 PM

    Allan is referring to a Magistrate Judge Bongiovanni's Opinion, a case of first impression interpreting NJ ethics law, which denigrated "ghostwritten" documents as misleading to the Court. Delso vs. Trustees, 2007. She said lawyers may do this but have to disclose their informal involvement to the court and adversary.

     

    Because judges often give leeway to pro se litigants, Delso's arrangement with the advisory lawyer gave her an unfair advantage, the ruling said. The court also said that a de facto attorney-client relationship existed since Delso clearly relied on the attorney's legal knowledge and drafting skill.

    Though the lawyer told Delso to be up front with the court about his involvement, the judge wrote that the lawyer should have informed the court himself by signing the documents.

     

    I have seen nothing in NJ state decisional law or ethics opinions or rulings that so declares.

     

    Pro se litigants remain responsible for their documents and positions, regardless of who wrote them.

     

    I don't see any problem with a reduced scope retainer agreement carefully delineating duties and activities. RPC 1.2(c).

     

    Be careful to assure your client's informed consent and reflect that in your engagement letter.

     

    Disclaim responsibility for court outcomes that you did not participate in directly.

     

    If your underlying advice is faulty, however, I don't believe you can disclaim fault -- and if you do is likely to be void.

     

    The above notwithstanding, I don't hesitate to help people as they want and need to be helped.

     

    Hanan

     

     

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
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    www.kingstonlawgroup.com

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  • 5.  RE: Ethical Question: Being Hired as "Legal Advisor"

    Posted 10-23-2020 02:55 PM

    I get asked to do this as well. I spell it out in my retainer. If I need to, I file a limited notice of appearance that includes the boundaries of my representation based on:

     

    Legal representation that is limited to a particular activity or group of activities, known as the

    "unbundling" of legal services, is now well-recognized in New Jersey and has been determined

    to be expressly contemplated and authorized by RPC 1.2(c) so long as the limited representation

    is "reasonable under the circumstances and the client gives informed consent." See New Jersey

    Supreme Court Advisory Committee on Professional Ethics, Opinion 713; see also The Ethics of

    Unbundling, Stephanie L. Kimbro, ABA Family Law Advocate, Vol. 33, No. 2, pp. 27-30

    (2010).  (New Jersey Family Collaborative Law Act – Final Report – 07/23/13 – Page 4)

     

    Tom

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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