The New Jersey State Bar Association (NJSBA) argued that the Appellate Division engaged in improper rulemaking when it held that an attorney was obligated by the Rules of Professional Conduct to communicate clearly that his fee structure was different from what other attorneys might offer, in that the plaintiff would be obligated to pay regardless of the success of her case. Edward Zohn argued the matter on behalf of the NJSBA as amicus curiae in Balducci v. Cige, Docket A-3068-16T2. The brief was written by Zohn, William E. Denver, and past NJSBA president Thomas H. Prol.
The underlying matter challenges the validity of a retainer agreement of attorney Brian Cige, who handled a matter for the son of the plaintiff, Lisa Balducci. Balducci signed a retainer agreement that proposed a fee of either the greater of an hourly rate, 37.5 percent of the net recovery or the statutory fees, by settlement or award. Balducci terminated the attorney-client relationship and received a bill for fees and expenses in the amount of nearly $287,000.
