In Re Advisory Committee on Professional Ethics Opinion 635.
Supreme Court of New Jersey
1Per curiam
This appeal challenges the approval by the Advisory Committee on Professional Ethics (ACPE) of the use of an “Authorization to Endorse” form (the form). When executed by the client, the form would authorize the lawyer to endorse the client’s name on a draft representing the amount of the settlement in a tort action. The lawyer would then deposit the endorsed draft in his or her trust account before final distribution of the proceeds.
We conclude that except for its application in certain unusual circumstances, the foregoing procedure should not be adopted. We therefore modify the ACPE’s…
2Cases cited9 opinions
- Morris v. Ohio Casualty InsuranceOhio Supreme Court · 1988
- Palomo v. State BarCalifornia Supreme Court · 1984
- Hutzler v. Hertz Corp.New York Court of Appeals · 1976
- State v. MusselmanUtah Supreme Court · 1983
- Clarkson v. Selected Risks Insurance CompanyNew Jersey Superior Court Appellate Division · 1979
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3Cited by3 opinions
- Smith v. Cynfax Corp.New Jersey Superior Court Appellate Division · 1992
- In Re Advisory Committee on Professional Ethics Docket No. 22-95Supreme Court of New Jersey · 1996
- In Re BartolettSupreme Court of New Jersey · 2010