Notice and Order - Supreme Court Action on Report of the Professional Responsibility Rules Committee - Amendments to RPCs 1.5 and 8.4; Attorney General's Waiver of Conflicts Pilot Program; No Waiver of Confidentiality to Respond to Negative Online Reviews

This notice sets forth the Supreme Court’s actions on the recommendations of the Professional Responsibility Rules Committee (PRRC) as contained in the PRRC’s 2018-2024 Report.  The Court made these determinations after publication of the report for comment and after considering the comments submitted.

In summary, the Court determined (a) to amend RPC 1.5(b) regarding lawyer fees, (b) to amend RPC 8.4(g) regarding discriminatory conduct, (c) to approve a two-year pilot program for the Attorney General to waive conflicts of interest in certain cases, and (d) not to amend RPC 1.6 and RPC 7.1 to allow lawyers to disclose confidential information in response to negative online reviews.
 

The amendments to RPC 1.5(b) will require attorneys to state the basis or rate of their fee in writing at the beginning of the representation and also whenever there is a material change in the fee structure.  If the fee structure will remain the same, no subsequent writing will be required.

The amendments to RPC 8.4(g) are intended to mirror the protected classifications listed in that provision to those in the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-3, with the addition of religion.  The Court further determined, in response to comments received, to remove the exception for conduct that is employment discrimination that has not resulted in a final agency or judicial determination; to include “bias” as well as discrimination; and to change the language about conduct “because of” the protected classifications to conduct “related to” the protected classifications.

Attached to this notice is the Court’s March 6, 2025 order adopting those amendments to RPC 1.5(b) and RPC 8.4(g), to be effective April 1, 2025.

The Court approved the PRRC’s recommendation for a two-year pilot program (April 1, 2025 through March 31, 2027) to permit the Attorney General to waive conflicts of interest for clients represented by the Attorney General’s Office.  RPC 1.7(b)(1) at present prohibits public entities from waiving conflicts.  The Court will assess the program during the pilot period.
 

The Court concurred with the PRRC not to amend RPCs 1.6 and 7.1 to allow attorneys to disclose otherwise confidential information about their clients online in response to negative online reviews.