are legal services lawyers granted charitable immunity from NJ legal malpractice

NJ Legal Services not Protected from Suit by Charitable Immunity Doctrine

N.J. Law Journal reports:

Charitable immunity does not shield Northeast New Jersey Legal Services or its lawyers from malpractice suits because most of its funding comes from government sources, rather than private donations, an Essex County judge has held in a case of first impression.

The source of funding was determinative because the purpose of the Charitable Immunity Act is “to preserve and encourage continued private philanthropy,” Superior Court Judge John Kennedy wrote Monday in denying a defense motion for summary judgment in James v. Murray, ESX-L-9471-09.

Whether Northeast was organized for charitable purposes was not resolved by its nonprofit tax status and its stated mission, to provide “free legal services to low-income, senior and disabled county residents in order to assure that their legal rights are protected and that access to the civil justice system is not denied … simply because they cannot afford a private attorney.”

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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