How Not to Enter Into a Retainer Agreement

Balducci v. Cige, 456 N.J. Super. 219 (App. Div. 2018).  This opinion by Judge Nugent today affirmed a trial level decision, after a plenary hearing, that voided a retainer agreement between the defendant attorney and the plaintiff client for defendant to bring suit under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”).  Such cases are normally handled on a contingency, but the agreement at issue here went well beyond that.  Every attorney, even those who do not handle LAD or other contingent matters, can learn from this opinion, which tackles ethical and other issues related to attorneys’ fees and retainer agreements.  That’s all I’ll say.  Take some time out of what for many will be a long holiday weekend and read it.