Borteck v. RIKER, DANZIG, SCHERER

The opinion of the Court was delivered by

VERNIERO, J.

We are called on to review the retirement provisions of a law firm’s partnership agreement. The Appellate Division invalidated the provisions based on its view of Rule of Professional Conduct (RPC) 5.6 and existing case law. Given the rule’s current language, we disagree and reverse. Further, we direct the Professional Responsibility Rules Committee to consider whether RPC 5.6 requires any revision to provide clearer guidance to the bar concerning the elements necessary to establish a bona fide retirement plan under the rule.

I

Plaintiff…