On February 25, from noon- 2 PM, NJICLE will presenting a webinar titled “Do’s and Don’ts of Appellate Practice.” I will be a panelist, along with Judges Koblitz and Sumners and Marie Hanley, Chief Counsel to the Appellate Division. This will be a great opportunity to get practice insights from two experienced appellate judges, as well as perspectives on the applicable Court Rules from the Appellate Division’s Chief Counsel, all from the convenient location of your own desk. You can sign up for this webinar...

Balducci v. Cige, ___ N.J. ___ (2020). In this case, as discussed here, the Appellate Division invalidated a retainer agreement in an opinion reported at 456 N.J. Super. 219 (App. Div. 2018). The panel also made some broad statements about how attorneys should conduct themselves in connection with retainer agreements in contingent fee matters, such as the Law Against Discrimination, N.J.S.A. 10:5-2 et seq. (“LAD”), which was at issue in the underlying action. Today, the Supreme Court, having granted certification and received amicus briefs from three Bar associations on the...

As part of a larger “Guide for Oral Argument” (dated January 2020, and designated “Version 2.0”), the Federal Circuit provided the following “Guidelines for Counsel During Argument.” Many of them are applicable as well to practice in the New Jersey appellate courts and the Third Circuit. Bracketed material is my commentary on the guidelines. Counsel should not interrupt a judge. [This is first on the Federal Circuit’s list, and for good reason.] Assume the court is familiar with the facts of the case. [Advocates waste precious time and “lose...