DEFENSE OF ATTORNEY ETHICS COMPLAINTS BLOG

On March 30, 2026, the New Jersey Supreme Court released a notice to the Bar regarding the responsible use of artificial intelligence (AI) and related technologies. It focused on the benefits of a law firm having a clear AI policy. Specifically, the “Supreme Court of New Jersey encourages attorneys and law firms to develop, adopt, and periodically update internal policies and practices governing the use of AI and related technologies as part of maintaining professional competence and ethical compliance.” It noted that well-designed policies will assist firms with: (1) understanding the capabilities and limitations of Al tools they choose to use; (2) recognizing and remediating the risks presented by third-party use of AI; (3) protecting client and other confidential information; (4) providing appropriate guidance and training; and (5) revisiting and updating internal practices as technology evolves. The full text of the notice can be found at the following link.

On March 26, 2026, the Supreme Court of New Jersey issued an order amending Court Rule 1:42-1. The change requires New Jersey attorneys to complete one Continuing Legal Education (“CLE”) credit per two-year reporting cycle in “technology related subjects.” This requirement is effective January 1, 2027. The full text of the notice and order can be found at the following link.

On March 23, 2026, the Pennsylvania Supreme Court adopted an amendment to Rule 514 of the Pennsylvania Rules of Disciplinary Enforcement. (Source: In re Amend. of Rule 514 of the Pa. Rules of Disciplinary Enf’t, 2026 Pa. LEXIS 519 (2026)). Rule of Disciplinary Enforcement 514 (Pa.R.D.E. 514) pertains to the reimbursement of losses through the Pennsylvania Lawyers Fund for Client Security for clients harmed by attorney misconduct. Specifically, it outlines the criteria for reimbursable losses, which include losses of money, property, or other things of value. Effective April 22, 2026, the amendment to Pa.R.D.E. 514 requires that reimbursable losses be established by a preponderance of the evidence standard of proof.

On March 17, 2026, the Supreme Court of New Jersey adopted amendments to Court Rules 1:20-1 et seq., and 1:20B-4. The amendments primarily concern the process for readmission from disbarment in New Jersey. It created the Attorney Regulatory Board (“ARB“), which will be the new post-disciplinary tribunal responsible for reviewing petitions for reinstatement from suspension and petitions for readmission from disbarment.  The full text and order can be found at the following link.

On March 7, 2025, the Supreme Court of New Jersey amended RPC 1.5(b) (attorneys fees) and RPC 8.4(g) (discriminatory conduct). The amendments to RPC 1.5(b) require “attorneys to state the basis or rate of their fee in writing at the beginning of the representation and also whenever there is a material change in the fee structure. If the fee structure will remain the same, no subsequent writing will be required.”  The amendment to RPC 8.4(g) primarily focused on bringing the rule to more closely mirror the protected classifications listed in the New Jersey Law Against Discrimination. The Court also chose not to amend RPC 1.6 and 7.1, which would have allowed lawyers to disclose confidential information in response to negative online reviews. The full text and order can be found at the following link.

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