Supreme Court of New Jersey
Michael A. Saffer, as a Former Member of Klein Chapman, a Partnership, Plaintiff-Respondent v. William W…
February 5, 1996143 N.J. 256
Summary
The Supreme Court of New Jersey held that a fee arbitration committee must allow a client who discovers a substantial malpractice claim after the original withdrawal deadline a new thirty‑day period to withdraw the arbitration request, may consider malpractice evidence only for the limited purpose of assessing fee reasonableness, lacks jurisdiction to adjudicate the malpractice claim itself, and must stay the fee award pending resolution of the malpractice action; additionally, a negligent attorney is generally precluded from recovering fees, though the award may be payable if the client recovers consequential damages.