LYNNE C. LERNER, PLAINTIFF-APPELLANT, v. WILLIAM F. LAUFER, ESQ. AND COURTER, KOBERT, LAUFER, PURCELL & COHEN, P.C., DEFENDANTS-RESPONDENTS., 359 N.J. Super. 201

Summary

The wife hired the attorney before signing the property settlement agreement (PSA) reached in mediation. The attorney had expressly limited his services by letter. On appeal, the wife argued that the trial court ignored the report of the wife's legal expert and, in effect, permitted the attorney to assume the role of a "potted plant" in representing her, contrary to the general duty of a lawyer to act with reasonable knowledge, skill, and diligence. The appellate court held that, due to the limiting letter, the attorney did not breach a proved standard of care by performing no discovery or related investigatory services necessary to evaluate the merits of the mediated PSA. The attorney properly limited the scope of his representation of her under N.J. Ct. R. Prof. Conduct 1.2(c), to a review of the terms of the mediated agreement without going outside its four corners. No genuine issues of material fact raised a dispute relating to the wife's competence and knowledge to agree to the ...