June 2004, No. 4

June 2004, Vol. II, No. 4

We're Back. After a down cycle of too much work and not enough time to write, we are back and hope better than ever. We hope that you enjoy this update and have a great summer!

Law Firm's Partnership Agreement Upheld. Following this update's advice from the November 2003 issue, the Supreme Court ruled in favor of Riker Danzig in Borteck v. Riker, Danzig, Scherer, Hyland & Perretti, 179 N.J. 246 (2004). The Supreme Court held that Riker Danzig's partnership agreement's prohibition on paying retirement benefits to partners who withdrew to join another law firm did not violate RPC 5.6, which prevents attorneys from entering into agreements that restrict the right to practice. The Supreme Court found that the agreement operates as a retirement plan, and therefore qualifies as an exception to RPC 5.6. Thus, Riker Danzig was successful and denying Borteck's attempt to double dip – take the $$, go for the clients, and then compete.

Contributions. If you have an interesting case, rule interpretation, ethics issue, or civil-related story, please contact me at 201-918-3560, (f) (201) 845-5973, or e-mail mjepstein@epsteinbeirne.com.

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