NJ Justices Question If Attys Should Explain Arbitration Pacts

Law360 (September 15, 2020, 10:09 PM EDT) -- The New Jersey Supreme Court on Tuesday dug into whether attorneys should have to inform clients about the pros and cons of arbitration clauses in their retainer agreements, as the justices wrestled with an appellate ruling that such a provision from Sills Cummis & Gross PC violated attorney ethics rules.

At a hearing on Sills Cummis' challenge to the revival of a malpractice suit against it, the court probed imposing, among other things, greater disclosure requirements on Garden State lawyers with respect to arbitration provisions that block malpractice claims from going before a jury, citing attorneys' fiduciary relationship to their clients....

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