Legal Clinic at College Employment by Clinic Beneficiaries

106 N.J.L.J. 150
August 14, 1980

ADVISORY COMMITTEE ON PROFESSIONAL ETHICS
 
Appointed by the New Jersey Supreme Court
 

OPINION 459

Legal Clinic at College
Employment by Clinic Beneficiaries

Two attorneys have been selected by a division of the State University to conduct a legal clinic at the college one night a week. They will consult with students about legal problems and will be paid at an hourly rate for these services by the college. The attorneys pose these questions:
1. Will this legal clinic qualify under DR 2-103(D) as an organization with which they may cooperate and be paid?
2. May they accept employment directly from a beneficiary of this clinic under DR 2-104(A)(3)?
From the information given, it would appear that the clinic could only qualify under DR 2-103(D)(4). This being so, the organization must file the appropriate form with the Supreme Court pursuant to paragraph (g). The inquirer states that he intends to file a legal service plan but the appropriate party to file the plan is the organization, in this case the college.
DR 2-104(A)(3) provides:
A lawyer who is recommended, furnished or paid by a qualified legal assistance organization enumerated in DR 2-103(D)(1) through (4) may represent a member of or beneficiary thereof, to the extent and under the conditions prescribed therein.

We see no reason why the attorneys cannot represent members of the organization provided all the requirements in DR 2-103(D)(4) are followed.
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