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Tag: NJ Law

What is a Collaborative Divorce?

Collaborate
Two People Putting a Puzzle Together

A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative attorney who will assist them and advise them in negotiating the terms of a settlement agreement. After the two spouses meet with their individual attorneys, the four parties will meet together to discuss the terms of the divorce and try to reach an agreement. If a collaborative divorce cannot be reached the proceedings must go on to the court system. In these cases the collaborative attorney cannot represent their client in the court proceedings. The goal of a collaborative divorce is to peacefully settle all the terms of the divorce through a series of negotiations. A successful collaborative divorce will end with both parties agreeing on all the aspects of the divorce.

What is RPC Rule 1.4?


Verbal Communication
Two Cartoons Communicating

It is imperative in any professional position that clear communication be established, but even more so for the attorney. If a NJ Attorney desires to have a successful practice good communication skills are essential. They must be able to effectively communicate on many levels with associates, other legal professionals, vendors, staff, partners and of course with their clientele. When a lawyer can communicate effectively they will demonstrate more confidence which can lead to increased clientele. In order to build a rapport between the client and lawyer good communication is essential. Rule 1.4 of the Rules of Professional Conduct pertains to communication which occurs between the client and the lawyer.

What is RPC Rule 1.1?

Lawyer running away
Lawyer Running

The Rules of Professional Conduct cover many different topics as they pertain to lawyers and how they handle their profession. Section 1.1 deals with the lawyer’s competency. The two sections contained under competency explain that lawyers must handle legal matters ethically; they cannot neglect a matter which has been entrusted to them in any way that constitutes gross negligence. Lawyers must be competent in their handling of legal matters in general such that they do not show evidence of patterns of neglect.

What is RPC Rule 7.3?

Lawyer agreement
Lawyer and a Client Shaking hands

Every New Jersey attorney is required to handle all their professional legal matters according to the Rules of Professional Conduct. The RPC outlines how lawyers are to conduct themselves in an ethical manner. Following these rules of conduct can help protect clients from lawyer’s unethical practices but they are also in place to provide protection for lawyers. Rule 7.3 offers the guidelines by which lawyers should handle personal contact with their clients or prospective clients. Lawyers must be allowed to initiate contact with clients but only for obtaining employment, however, there are certain requirements which must be met. An attorney cannot accept a client if they know that the individual is trying to obtain the lawyer’s services in a way that is prohibited by RPC Rule 7.3.

What is RPC Rule 1.16?

Common Law
Judges's Gavel

New Jersey has established the Rules of Professional Conduct for attorneys. Rule 1.16 of the Rules of Professional Conduct deals with the termination of professional services. It is possible for a NJ attorney to withdraw from any case when a client requests that the attorney engage in behavior that he fundamentally disagrees with. RPC Rule 1.16 deals with the specifics of how and when a NJ attorney can withdraw from representation.

Legal Rules of Professional Conduct

Ethics Papers
Code of Ethics Papers

The legal profession is a complex world and a NJ attorney must function in several capacities. He is not just a representative for his clients; he is also an officer of the legal system as well as a public citizen which carries the specific responsibility of protecting and preserving justice. The Rules of Professional Conduct are set into place to help a lawyer define his actions in each of these different roles. The lawyer must function as a representative for clientele but also must remember that they are an officer serving the legal system. As an acting public citizen, the lawyer is constantly seeking to improve the law and administer justice while continuing to provide quality service which is required of the legal profession. The Rules of Professional Conduct were developed in order to help define the legal responsibilities of the attorney and to create a consistent code of legal ethics.