Garrett v. Matisa

OSTRER, J.S.C.

Plaintiffs attorney’s motion to withdraw from representation presents the issue: what must an attorney do to satisfy the duty to notify a client of the intention to withdraw when the client has moved without disclosing a new phone number or address? Neither our courts nor the Advisory Committee on Professional Ethics have addressed the question. Yet, the policy underlying the notice requirement, and persuasive out-of-state authority lead this court to conclude that a moving attorney must certify, consistent with R. 4:4-5(c)(2), that (1) he has made diligent efforts to locate his…