Good afternoon Family Law Section members,
On
Tuesday, April 20, NJICLE will present
Webcast- The Delaney Decision: It is Time to Review and the Revise Arbitration Clauses in Your Retainer Agreements from
12 to 1 p.m.Attorney-client disputes are never pleasant. Many law firms address the possibility of a client suing them by including an arbitration clause in their retainer agreements. Such clauses typically state that any dispute between the attorney and the client must be arbitrated rather than litigated in courts. The arbitrator's decision is final and non-appealable. From now on, it is not enough to have your client review and sign the retainer agreement with an arbitration clause. And it is not enough to ask the client if they have any questions about the document or give them an electronic link to the applicable governing rules. The New Jersey Supreme Court recently clarified that in order to bind a client to an arbitration provision there is an affirmative ethical obligation on New Jersey attorneys to explain to their clients the differences between an arbitral forum and a judicial one. (
Delaney v. Trent Dickey and Sills Cummis & Gross, decided December 21, 2020). Justice Albin, writing for a unanimous Court, said attorneys may provide that explanation orally, in writing, or a combination of both and that the attorney bears the burden of establishing the fairness and reasonableness of the transaction. The opinion applies prospectively, and the Court referred the issues raised by Delaney to the Advisory Committee on Attorney Ethics. Our convenient lunch-time webinar will review this important decision and how it might affect the substance and practice in connection with the formation of the attorney client relationship
FACULTY
John J. Zefutie Jr., Esq.Secretary, Supreme Court of New Jersey District VII Ethics Committee
Colella Zefutie, LLC, Princeton
Michael S. Stein, Esq.Past Chair, Supreme Court of New Jersey District II-B Ethics Committee
Past Member, Professional Responsibility Rules Committee
Pashman, Stein, Walder, Hayden, PC, Hackensack
Topics for review:• A review of the decision and previous caselaw
• NJ RPC 1.4 (c) and the ABA Rule-an attorney’s fiduciary duty
• The scope of the needed disclosure
• Language from the decision that should be in your retainer agreements
CLE Credits:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
NJ CLE: This program has been approved for 1.2 credits (50 minute hour)
PA CLE: 1.0 substantive credits pending ($4 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (nt): 1.0 professional practice credits
The tuition for NJSBA members is $59. The general tuition is $79.
Click here to register for Webcast- The Delaney Decision: It is Time to Review and the Revise Arbitration Clauses in Your Retainer Agreements
For questions or to register by phone, please contact an association representative at 732-214-8500, or by email at
[email protected].
All the best,
Barb
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Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]------------------------------