Blume Forte Stands Up for Attorney Referral Rights Before the New Jersey Supreme Court

Blume Forte Stands Up for Attorney Referral Rights Before the New Jersey Supreme Court
Christine Fitzgerald (representing the Hudson County Bar Association); Terrence J. Hull (arguing on behalf of; Blume Forte Fried Zerres & Molinari, PC) Glennon Troublefield (representing the Essex County Bar Association); Diana Manning (arguing on behalf of the NJ State Bar Association); Sharon Balsamo (from the NJ State Bar Association); Laura Sutnick (representing the Bergen County Bar Association); Eric Kahn (arguing on behalf of TANJ and ABOTA); Annabelle Steinhacker (co-authored the petition brief on behalf of TANJ and ABOTA); Michael Donahue (arguing on behalf of NJAJ); George Shamy (representing the Middlesex County Bar Association).

On October 22, 2024, Blume Forte Fried Zerres & Molinari, PC made its presence felt at the New Jersey Supreme Court as Terrence J. Hull argued to reverse Advisory Committee on Professional Ethics Opinion 745. This opinion sought to restrict certified trial attorneys’ ability to provide referral fees to out-of-state and conflicted attorneys—posing significant ramifications for the legal profession and public alike.

Mr. Hull not only presented oral arguments, but also authored briefs filed in support of the petition. Numerous prominent legal organizations, including the New Jersey State Bar Association, New Jersey Association for Justice, and the American Board of Trial Advocates, gathered in unison to challenge Opinion 745, submitting petitions and making oral arguments in support of reversal. Notably, Blume Forte was the only private firm in the State to file an appeal, underscoring its commitment to ensuring the public has access to the best possible legal representation.

Blume Forte Stands Up for Attorney Referral Rights Before the New Jersey Supreme Court
At counsel’s table inside the NJ Supreme Court, showing the four attorneys who argued for the petitioners.  Diana Manning, for the NJ State Bar Association; Michael Donahue, for NJAJ; Eric Kahn, for TANJ and ABOTA; Terrence J. Hull, for Blume Forte Fried Zerres & Molinari, PC.

Opinion 745 would seriously disrupt the ability of attorneys to refer cases to certified trial attorneys—professionals who have demonstrated a specialized level of trial experience and expertise, as recognized by the New Jersey Supreme Court. With less than two percent of New Jersey attorneys earning this elite certification, Blume Forte is proud that ten of its attorneys hold the prestigious designation of certified civil trial attorney. Blume Forte argued that Opinion 745 would disincentivize referrals to these highly qualified attorneys, ultimately depriving the public of superior legal representation.

Blume Forte further contended that Opinion 745 misunderstood the distinction between legal fees for services rendered and referral fees allowed under New Jersey Court Rule 1:39-6(d). Mr. Hull concluded that the opinion did not serve any public interest and would instead lower the standard of trial advocacy across the state, making reversal essential.

As this pivotal case awaits a decision, Blume Forte remains steadfast in its dedication to defending the rights of both attorneys and the public, ensuring that everyone has access to the most competent and skilled representation available.

Stay tuned for further updates on this important matter and how it will shape the future of legal practice in New Jersey.