Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’

Attorneys advocating for indigent elderly and mentally-ill New Jerseyans warned the state high court that rules forcing them to pay for expert witnesses out of their own pockets make it difficult for them to protect their clients.

Without fee-shifting to pay attorneys opposing the state in conservatorship cases that they otherwise take pro bono, “the house is on fire,” said Brian C. Lundquist, the attorney for a man with disabilities—referred to has Hank—in a two-hour oral argument Monday.

The dispute centered around Hank’s case in which the state, and all courts, praised the work of his attorneys. Sussex County initially ...