Notice and Order - Official Comment Added to Rule 1:21-7 Regarding Retainer Fee Agreements in Statutorily Based Fee-Shifting Cases (Balducci v. Cige)

The Supreme Court has adopted an Official Comment to Rule 1:21-7 (“Contingent Fees”) to provide guidance to attorneys and the public regarding ethical issues related to retainer fee agreements in statutorily based fee-shifting cases. The Court took this action as a follow-up to its decision in Balducci v. Cige, 240 N.J. 574 (2020), after input from the Advisory Committee on Professional Ethics and comments from the legal community and interested members of the public. The Court’s April 26, 2024 order adopting the Official Comment effective September 1, 2024 is attached.