July 23, 2010
No Reason To Disqualify
The New Jersey Appellate Division reversed an order disqualifying counsel in a divorce case, concluding that "disqualification of plaintiff's attorney was not an available remedy for violation of Rule 5:3-5(b), which prohibits an attorney from taking a mortgage to secure payment of attorney's fees while the matter is unresolved and the attorney represents the mortgagoe-client. We also conclude that the evidence was insufficient to support a finding that the attorney violated R.P.C. 1.8 [business transaction with client]."
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