The 'Saffer' Rule: Is It Time to Reconsider?

Michael Furey and Becky Gutierrez authored an article, “The 'Saffer' Rule: Is It Time to Reconsider?,” for New Jersey Law Journal. The article explores whether the Saffer rule – in which attorneys’ fees should be are awarded to plaintiffs in legal malpractice cases -- should be revisited in the state of New Jersey. The authors believe it is time for New Jersey to return to the mainstream by permitting a disgorgement of fees in the underlying representation, but not the recovery of the fees in pursuing the malpractice action.