New Jersey Supreme Court Overturns Committee on Professional Ethics Advisory Opinion No. 745 Regarding Payment of Referral Fees by Certified Civil Trial Attorneys to Out-Of-State Attorneys

On February 18, 2025, the New Jersey Supreme Court issued its opinion in the case of In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics. The Supreme Court unanimously held that the New Jersey Rules of Court allow certified civil trial attorneys to pay referral fees to lawyers in other states, even if they are not licensed in New Jersey.  In addition, the payment of referral fees does not raise concerns about the unauthorized practice of law. This opinion supports the Court’s goal of facilitating broader access to certified attorneys who are vetted trial attorneys. This decision means that a certified attorney is able to accept referrals from out-of-state attorneys and pay referral fees without any legal services being rendered by the out-of-state attorney.  Approximately two percent of attorneys in New Jersey are certified civil trial attorneys.  

Contact a Certified Civil Trial Attorney in New Jersey

Sarno da Costa D’Aniello Maceri Webb LLC has multiple certified civil trial attorneys, including Paul M. da Costa. Paul is a Partner and Chair of the Sarno da Costa D’Aniello Webb LLC’s Medical Malpractice and Personal Injury Departments. Paul is also the Chair of the Supreme Court of New Jersey, Board on Attorney Certification, Civil Certification Committee.

Out-of-State Attorney Looking to Refer a Medical Malpractice or Personal Injury Case

If you are an out-of-state attorney looking to refer a medical malpractice or personal injury case to a certified civil trial attorney, reach out to Paul M. da Costa at 973-274-5200 or pdacosta@sarnolawfirm.com today.