The New Jersey Supreme Court, in a unanimous decision, vacated Opinion 745 of the Advisory Committee on Professional Ethics (ACPE), which stated that “certified lawyers generally may not pay referral fees to out-of-state lawyers” who are not licensed to practice law in New Jersey. 
 
Justices Patterson, Pierre-Louise, Wainer Apter, Fasciale, Noriega, and Hoffman joined in Chief Justice Rabner’s opinion. 
 
They found that the Court Rules allow certified attorneys to pay referral fees to lawyers in other states even if they are not licensed here in New Jersey. They also note that the payment of referral fees, which are made for a recommendation to hire an attorney, does not raise concerns about the unauthorized practice of law. 
 
Thanks to Michael G. Donahue, John A. Sakson, Michael C. Shapiro, and John C. Lowenberg for their amicus efforts on behalf of the New Jersey Association for Justice. 
 
Thanks also to Diana C. Manning from the New Jersey State Bar Association, Eric G. Kahn from the American Board of Trial Advocates, TJ Hull and Norberto A. Garcia from Blume Forte Fried Zerres & Molinari, P.C., Diane Cardoso from the Hudson County Bar Association, Glenn Troublefield from the Essex County Bar Association, Michael J. Epstein from the Bergen County Bar Association, and Megha R. Thakkar from the Middlesex County Bar Association.
 
For more information about Chief Justice Rabner’s decision, please click here. 
 
If you would like to get involved and become an amicus advocate, please send an email to info@nj-justice.org.
 
If you have a case you would like NJAJ to consider entering as amicus curiae, please submit your request here.