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In a decision that offers some clarity on what is required of fee-collecting lawyers, the Appellate Division has said that a law firm’s mailing of pre-suit collection letters to a recipient’s last known address isn’t enough to satisfy the notice requirement if it’s learned that the mailings never got there.

Because New Jersey firm Helmer, Conley & Kasselman had “actual knowledge that defendant did not have notice of her right to request fee arbitration before it filed suit, we conclude Helmer did not satisfy Rule 1:20A-6, requiring dismissal of the complaint,” Appellate Division Judges Carmen Messano and Karen Suter said Wednesday.

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David Gialanella

David Gialanella, Bureau Chief, has been with the New Jersey Law Journal since 2010, covering business of law, litigation, legislation and various other topics. In his current role, he is responsible for the Law Journal's print and web products. Reach him at dgialanella@alm.com.

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