American Trial Lawyers Ass'n v. New Jersey Supreme Court

The opinion of the Court was delivered by

Hughes, C. J.

This litigation challenges the authority of the Supreme Court under its rule-making power, N. J. Const. (1947), Art. YI, § II, par. 3, 1 to establish a graduated schedule of maximum contingent fees applicable to certain tort litigation conducted by New Jersey attorneys. It thus suggests to the Court an introspective look at its constitutional power to regulate the practice of law as well as its consequent responsibilities in that regard.

The contingent fee rule, B. 1:21-7, was adopted by this Court 2 in December 1971, to be effective…