Township Council Meeting — Agenda

MRS L 000300-20 05/22/2020 Pg 5 of 16 Trans ID: LCV2020932426 the number of documents requested, and whether the purpose of the OPRA was vindicated by the New Jerseyans for a Death Penalty Morator , 185 N.J. 137, 155 (2005). Therefore, the court should reduce the lodestar amount if the plaintiff only achieves limited success as compared to the relief sought in the OPRA action. See Rendine, 141 N.J. at 336. A simple calculation of the percentages of documents obtained should not be used when determining how to reduce the lodestar; rather, the Court should consider a number of relevant of success. New Jerseyans, 185 N.J. at 154-55. b. Fee Agreements Generally, agreements between attorneys and clients regarding the attorney-client relationship including retainer agreements are enforceable, provided the agreements satisfy both the general requirements for contracts and the requirements of professional ethics. Cohen v. Radio-Electronics Officers Union, 146 N.J. 140, 155 (1996). The attorney bears the burden of establishing the fairness and reasonableness of the transaction. Id. A court should construe an agreement between an attorney and a client as a reasonable person in the circumstances of the Id. When contracting for a fee, therefore, attorneys must fulfill their fiduciary obligations to the client. This includes explaining the basis and rate of the fee at the outset and advising the client of potential conflicts, the scope of representation, and the implications of the agreement. Id. at 156. Rule of Professional Conduct 1.5(b) provides that, where an attorney has not regularly represented the client, the attorney must communicate, in writing, the basis or rate of the fee before or within a reasonable time after commencing the representation. The purpose of the writing requirement is to avoid misunderstandings and fraud. Starkey v. Estate of Nicolaysen, 172 N.J. 60, 69 (2002). 5 Pa046