By notice dated November 14, 2012 the New Jersey Supreme Court invited comments on a report and recommendation by the Advisory Committee on Professional Ethics (ACPE) regarding the continued viability of the common law retaining lien as it relates to RPC 1.16(d). The ACPE’s recommendation was to amend RPC 1.16(d) so as to specifically prohibit the use of a retaining lien. The Court received a number of comments in response to that notice.
After reviewing the ACPE’s report and the comments received regarding that report, the Court has determined to adopt the amendment to RPC 1.16(d) as recommended by the ACPE. Accordingly, published with this notice is the Court’s March 25, 2013 order amending RPC 1.16(d) so as to prohibit the use of a retaining lien. That amendment is effective April 1, 2013.
