New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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Can one lawyer serve as a municipality's corporation counsel and also as general counsel to a regional fire and rescue organization that the municipality belongs to?
No. The Committee found a per se, non-waivable conflict: corporation counsel owes loyalty to one municipality, while general counsel to the regional consortium owes loyalty to the whole, and their int…
Can a New Jersey lawyer use state-regulated cannabis, or operate or invest in a cannabis business, without violating the Rules of Professional Conduct?
Yes. The Committee concluded that using regulated cannabis and operating or investing in a regulated cannabis business, in compliance with New Jersey law, does not violate RPC 8.4(b), even though it r…
If a lawyer in my firm personally owns part of a client we are advising in a deal, is that conflict imputed to the rest of the firm?
The Committee concludes a lawyer's financial stake in a client entity is a personal-interest conflict under RPC 1.7(a)(2) that is imputed to the firm under RPC 1.10(a). The RPC 1.10(a) exception for p…
Can the same lawyer serve as municipal prosecutor and as planning board attorney in the same municipality?
Yes. The Committee held there is no per se bar; a municipal prosecutor is limited-scope (not plenary) counsel, so the lawyer may also serve as planning board attorney, subject to case-by-case conflict…
If a lawyer at a firm that represented a government body leaves to join the firm on the other side, can the new firm keep the case by screening her?
Yes, where she did not have primary responsibility. The Committee held that RPC 1.11's government-lawyer screening does not apply to a private firm's outside counsel; the analysis is under RPC 1.9 and…
Can a part-time municipal court judge share in the fees their law partners or associates earn from criminal matters in other counties?
Yes. The Committee overruled Opinion 559 and held that a part-time municipal court judge may share in fees generated by partners or associates who handle criminal, quasi-criminal, or penal matters out…
Does a government lawyer have a nonwaivable conflict of interest when advising the agency on a furlough or pay cut that also reduces the lawyer's own pay?
Generally no. The Committee concludes an economic interest shared by a whole class of government lawyers, like a furlough hitting all agency employees, does not disqualify them from advising or repres…
When a health-care provider appoints a lawyer to represent an injured person in a PIP arbitration, must that lawyer notify the client's personal-injury counsel, and what conflicts arise?
The Committee concluded the PIP lawyer has no duty to notify the client's personal-injury lawyer, but must explain to the client how the arbitration could prejudice a later personal-injury suit, may f…
Can an attorney serve at the same time as county counsel and as mayor of a strong-mayor municipality in the same county?
No. The Committee found a per se conflict when an attorney serves both as county counsel and as mayor of a constituent Faulkner Act 'strong-mayor' municipality, so the attorney may not hold both roles…
Can a lawyer condition a settlement on the client agreeing not to file, or to withdraw, an ethics grievance against the lawyer?
No. The Committee concluded that demanding, as a condition of settlement, that a client not file or withdraw an ethics grievance is prejudicial to the administration of justice and violates RPC 8.4(d)…
Can a lawyer for an estate administrator agree to a surety company's conditions for issuing a bond, such as exercising joint control over estate assets, paying the bond premium, and reporting the client to the surety?
No. The Committee concluded a lawyer may not comply with these conditions: joint control over estate assets and protecting the surety create conflicts under RPC 1.7(a)(2) and 2.1, reporting the client…
Can a nonprofit trade association run an attorney-staffed legal hotline that disclaims any attorney-client relationship and waives conflicts for its members?
No, it cannot disclaim the relationship. The Committee concludes an attorney-client relationship ordinarily arises in one-on-one hotline advice, so the association cannot disclaim it; RPC 6.5 relaxes …
Can a New Jersey attorney run a commercial divorce-mediation center under a trade name and have the center collect and keep the mediation fees?
No, not as structured. The Committee concludes that attorneys taking cases from the center practice law as limited-scope third-party neutrals; the mediation charges are legal fees, so the center's col…
Can a lawyer who also serves as a municipal police officer represent criminal defendants in private practice?
Not without limits. The Committee concludes that under RPC 1.8(k) and State v. Clark, a lawyer who is also a municipal police officer may not represent criminal defendants in matters arising in his mu…
Can a lawyer serve as a member of an elected board of education and as the municipal attorney in the same township at the same time?
Yes, on the facts presented. With the appearance-of-impropriety standard eliminated in 2004, the Committee finds no per se conflict; because an elected board of education is largely autonomous from th…
Can an assistant county counsel also serve as a member of the governing council of a municipality in the same county?
It depends on the facts. After the 2004 elimination of the appearance-of-impropriety standard, there is no automatic bar, but the Committee warns that the two roles produce divided loyalty and recurri…
Does the state Conflicts of Interest Law (N.J.S.A. 52:13D-17) override RPC 1.11(c)'s screening allowance for a firm that hires a former government lawyer?
The Committee concludes that under Winberry and Knight, the Supreme Court's RPC 1.11(c), allowing screening and notification, should prevail over the more restrictive statute, but it declines to rule …
Can a lawyer advise a client to contact other lawyers for representation on a pretextual basis just to conflict them out of representing the adversary?
No. The Committee concludes that advising a client to make pretextual contacts with lawyers in order to disqualify potential adversary counsel is conduct prejudicial to the administration of justice u…
After New Jersey abolished the appearance-of-impropriety rule, can a municipal attorney (or the firm) still represent a developer who owns property in that municipality on matters in other towns?
There is no longer a per se bar under the Rules. The Committee concludes that analysis under the current RPCs, after the appearance-of-impropriety doctrine was abolished, does not support an automatic…
Does New Jersey allow collaborative law, where both lawyers agree to withdraw if the case goes to litigation, and can a lawyer join an association of lawyers and nonlawyers that promotes collaborative practice?
Yes, with conditions. Collaborative law's mandatory-withdrawal agreement is a limitation on the scope of representation under RPC 1.2(c), permissible only if the lawyer reasonably judges it serves the…
In New Jersey, can a lawyer (or the lawyer's partners) who represents a municipal board or agency also represent private clients in that municipality's court or before its other agencies?
No. The Committee holds that a lawyer who represents a municipal body subject to the municipality's budgetary, membership, or decision-making control has the entire municipality as a client, so the la…
In New Jersey, can a lawyer who represents an estate's executor (or who is the executor) list the estate's real estate with a brokerage that employs the lawyer's spouse, if the spouse earns no commission on the sale?
Only with strict RPC 1.8(a) compliance. The Committee assumes that any referral to a real-estate agency in which the lawyer or the lawyer's spouse has a business interest benefits the lawyer, even whe…
If someone contacts a New Jersey law firm seeking representation against a company the firm already represents, must the firm tell its corporate client, and can the firm keep representing the company?
No, the firm must not disclose the contact. The would-be client's identity, the fact of the contact, and any information received are confidential under RPC 1.18 (effective January 1, 2004) and, even …
Can the principals of a New Jersey law firm set up a separate title abstract company to prepare title reports for the firm's own foreclosure clients?
No. On the facts presented, the Committee concluded that a law firm's principals may not establish a separate title abstract company to provide title reports for the firm's foreclosure clients.
Does a New Jersey lawyer have to tell a client about a potential legal malpractice claim against the lawyer, and when?
Yes. The opinion concluded that RPC 1.7(b)(2) and RPC 1.4 require a lawyer to inform a client of a potential malpractice claim against the lawyer, and that disclosure must occur when the lawyer ascert…
Can a New Jersey lawyer who drafts a client's will also serve as the executor of that will?
The Committee concluded that a lawyer who prepares a client's will may accept appointment as executor. Fiduciary commissions are payment earned for services rendered, not a 'substantial gift' barred b…
Can a New Jersey lawyer who owns a stake in a title insurance company place that company's title insurance with the lawyer's own real estate clients?
The Committee declined to modify its earlier opinions and concluded that attorneys holding a substantive beneficial interest in a title insurance company, such as commissions, rebates, or profit shari…
Can a New Jersey lawyer represent an opposing attorney as a client in an unrelated matter while the two are adversaries in another case, if both clients consent?
The Committee concluded that the dual representation created an appearance of impropriety under RPC 1.7(c)(2) and was impermissible even with both clients' consent, because the appearance is judged fr…
Can a New Jersey lawyer represent a client before a board of taxation on which the lawyer's non-lawyer father sits, if the father recuses?
The Committee concluded that, with the father recusing himself from any matter handled by the lawyer or the lawyer's firm, no appearance of impropriety arises and the representation is permissible; ab…
Can a full-time municipal police officer who is a licensed lawyer also serve as the municipal prosecutor in the same town?
The Committee concluded that a full-time municipal police officer may not simultaneously serve as municipal prosecutor in the same municipality, because the appearance of impropriety, judged by the in…
Can a New Jersey lawyer and client sell a final judgment to a factor at a discount, and can the lawyer use the fee portion as loan collateral?
The Committee found no impropriety in an attorney and client selling a finally concluded judgment to an independent factor at a discount, or in the attorney advising the client of that option, so long…
If a partner from an opposing law firm joins our firm, must we stop representing the clients we have against that firm's client?
The Committee concluded that the firm's continued representation of its plaintiffs against the company defended by the joining partner's old firm would not be permitted once the partner joins, unless …
Can a New Jersey lawyer buy a client's own judgment at a discount?
The Committee held that a lawyer may purchase a client's JUA judgment at a discount, with full RPC 1.8(a) disclosure and written consent, only after judgment has been entered, because the lawyer is th…
Can the same lawyer be both the municipal attorney and the municipal prosecutor for the same town?
The Committee held that a municipal attorney may not also serve the same municipality as municipal prosecutor, because the municipal attorney advises the town on matters that may become relevant to mu…
Can a lawyer serve as counsel to a municipal housing agency while an associate in the firm sits on the same town's council?
The Committee concluded that as long as the inquirer's associate serves on the municipal council and remains part of the firm, an appearance of impropriety bars the inquirer from serving as counsel to…
Can a municipal attorney represent individual town council members in their own private legal matters?
The Committee concluded a municipal attorney may represent a governing-body member in a private matter only if the member's and the municipality's interests are not intertwined; it is barred if the me…
Can a municipal public defender that decides who qualifies for free representation then charge a private fee to a defendant it found ineligible?
The Committee concluded that a law firm hired by a municipality as public defender should not represent for a fee a defendant whom it found, after reviewing the defendant's finances, does not qualify …
Will the ethics committee decide a conflict question about something the lawyer's firm has already done?
The Committee declined the township attorney's conflict inquiry on the same ground as Opinion 650: it rested on actual facts that had already occurred, and the Committee advises only on contemplated f…
Will the New Jersey ethics committee give an opinion about conduct a lawyer has already engaged in?
The Committee declined jurisdiction, explaining that it advises only on a lawyer's contemplated future conduct; completed or present conduct is for the disciplinary authorities (the Office of Attorney…
Can an attorney who also serves as a county clerk maintain a private law practice?
The Committee concluded that R. 1:15-2 bars a county clerk only from practicing in court, not from an office practice, but the attorney must refrain from dealings with their own clerk's office, such a…
Can a lawyer share office space with a private adoption agency that he also represents?
The Committee held the proposed arrangement improper: a lawyer who represents a private adoption agency may not share office space with it, because the shared facility could lead the public to conclud…
If a board-of-adjustment member takes ad hoc legal work for the town, can he still represent private clients against the town?
The Committee concluded that a board-of-adjustment member who accepts ad hoc work as a special attorney for the town (including advising the mayor and council) becomes part of the municipality's 'offi…
Can a lawyer for a free public library's board of trustees represent private clients before the town's court and boards?
The Committee concluded that representing a free public library's board of trustees does not preclude the lawyer or the firm from representing private clients before the municipality's court, planning…
Can a firm that defends a town for its insurer also appear before the town's boards or file tax appeals against the town?
The Committee held that a firm retained by a municipality's insurer (or by a self-insured town's joint insurance fund) to defend tort suits is not part of the town's 'official family,' so it may appea…
Can a law firm use a title insurance agency owned by one of its own associates for the firm's real estate clients?
The Committee held that a firm may not use a title insurance agency owned by one of its associates to service the firm's real estate or mortgage-lender clients; the inherent conflict cannot be cured e…
Can a former judicial law clerk's new firm keep representing a party in a case that was pending before the judge during the clerkship?
The Committee concluded that where the former law clerk had nothing to do with the matters (another clerk handled them) and did not participate personally and substantially, neither the clerk nor the …
Can a former prosecutor bring a civil case against a defendant he caused to be indicted on the same facts?
The Committee concluded the representation is impermissible: under RPC 1.11, a former prosecutor with prior knowledge and substantial responsibility in a criminal matter may not participate in a later…
Does the appearance-of-impropriety bar reach a law clerk or non-lawyer who moves to a firm handling asbestos or tobacco litigation?
The Committee concluded that a prior association with asbestos or tobacco litigation does not, under ordinary circumstances, bar later employment with a firm involved in such litigation, provided a sc…
Can a law firm hire temporary (per diem) lawyers through a placement agency and pay the agency a percentage-based fee?
The Committee concluded that firms may employ temporary lawyers, with imputed disqualification under RPC 1.10 turning on a functional analysis of the temporary lawyer's access to other clients' inform…
Is it a conflict for a municipal prosecutor to serve in a court where the judge is his second cousin?
The Committee concluded there is no conflict requiring disqualification: New Jersey's recusal rule disqualifies a judge only where the related attorney is a first cousin or closer, so a second-cousin …
Can a lawyer who is county counsel and a school board attorney appear before municipal boards where his father is a township committeeman?
The Committee concluded the attorney is not prohibited from appearing before municipal agencies (other than the Board of Education he represents) merely because he is county counsel, is school board c…
Can the law partner of a municipal planning board's counsel serve as counsel to the municipal utilities authority in the same township?
The Committee applied its settled test that an attorney, or a partner of an attorney, cannot serve as counsel to two boards of the same municipality where there is or may be a conflict, rejected the a…
Can a lawyer become a school board's attorney right after the lawyer's partner finishes a term as a member of that board?
The Committee concluded that both the former board member and his law partner should not serve as the board's attorney for six months following the member's service, regardless of how the school-board…
Is it ethical to represent multiple plaintiffs when the defendant makes an all-or-nothing blanket settlement offer?
The Committee concluded there is no ethical problem in representing multiple plaintiffs who have no apparent conflict; a conflict arises only when an all-or-nothing blanket offer is made, at which poi…
Can a lawyer represent a client suing a relative for personal injury when recovery is limited to the relative's insurance?
The Committee concluded the representations are prohibited even with full consent, because RPC 1.7(c)(2) bars representation that an ordinary knowledgeable citizen would see as creating an appearance …
When a Deputy Attorney General joins a private firm, what matters before his former state agency can he and the firm still handle?
The Committee concluded the association is proper if the firm withdraws from matters improper for it to handle: under RPC 1.11(a), where the former government lawyer had substantial participation, con…
Can an attorney who had to withdraw from a driver/passenger case because of a conflict still collect a referral fee for sending one client to a certified trial attorney?
The Committee concluded a referral fee is not authorized: where a counterclaim creates a conflict requiring the attorney to withdraw from representing both driver and passenger, the forwarding of one …
Can a lawyer who owns or acts as agent for a title insurance company place title insurance for the lawyer's own real estate clients?
The Committee concluded that an attorney who is a shareholder or agent of a title company and also represents the purchaser and lender faces an absolute conflict, because the lawyer must try to expand…
Can a lawyer who is also a police officer represent a defendant in the municipal court of the town where he serves as an officer?
The Committee concluded the representation is proscribed: allowing a police-officer attorney to defend in the municipal court of his own municipality would create the appearance that justice was not b…
Can a lender's attorney do the borrower's title and closing work, billed through the lender, in a mortgage loan?
The Committee answered 'a clear yes,' it is improper: the arrangement was a scheme to avoid N.J.S.A. 46:10A-6, the statute guaranteeing a mortgage borrower the right to choose his own counsel.
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.