In a significant development impacting legal practitioners in New Jersey, the state’s Supreme Court has ruled that attorneys appointed to defend residents at risk of state-imposed guardianships are not entitled to fees for extraordinary work. This decision, delivered in a unanimous opinion, highlights that, despite the comprehensive efforts required—such as drafting briefs, making calls, and attending hearings—lawyers appointed by the courts must handle these matters on a pro bono basis. The court cited the absence of any statutory or procedural provisions allowing for fee-shifting in such cases. The opinion is accessible in full here.
This ruling has been well received by local governments concerned about their limited guardianship program budgets being depleted by legal expenses opposing them. Sussex County was particularly vocal about the potential financial strain. The legal community has expressed concerns, however, that the decision may discourage zealous advocacy for clients’ rights due to the lack of financial compensation for services that go beyond ordinary representation.
For more detailed coverage of the court’s decision, visit the Bloomberg Law article.