Thursday, July 3, 2014
The New Jersey Supreme Court has reversed an opinion of the Advisory Committee on Professional Ethics that had ruled it an impermissible conflict of interest for pro bono participants in the Volunteer Lawyers for Justice program to provide legal services in bankruptcy matters where their firm (Lowenstein Sandler) represents creditors in unrelated matters.
VLJ’s pro bono bankruptcy program does not present a conflict of interest under RPC1.7. With appropriate safeguards, a volunteer attorney can represent a low-income debtor in a no-asset Chapter 7 bankruptcy matter even if the attorney’s firm represents one or more of the debtor’s creditors in unrelated matters.
The unanimous court found that the public policy in favor of pro bono services "informed" its decision. (Mike Frisch)