A recent New Jersey Supreme Court decision may have significant implications for criminal defense practitioners, particularly when a third-party pays for a client’s representation.
In State v. Kearney, the Court recognized that family members, friends, and other supporters frequently retain counsel on behalf of incarcerated defendants, making third-party fee arrangements both common and often necessary. At the same time, the Court acknowledged that these arrangements can give rise to later claims regarding divided loyalties or a client’s understanding of the risks associated with third-party payment. To address those concerns, the Court outlined a series of best practices aimed at protecting both attorneys and their clients.
In this New Jersey Law Journal article, Christopher Adams and Marjan Moussavian examine the Court’s ruling, highlight its guidance on third-party fee arrangements, and discuss the practical steps criminal defense lawyers should consider following the decision.