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...

Last night’s meeting of the New Jersey State Bar Association’s Appellate Practice Committee featured a guest appearance by Judges Koblitz and Sumners. They took questions and shared advice about appellate practice, including what they like to see (and hear) and what they dislike. Some of that was familiar from comparable presentations by other Appellate Division judges. Other things reflected the thoughts of these particular jurists. Here are some highlights. The judges had a number of pointers about briefs. One was that “briefs should be brief.” Lengthy briefs do not...