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Saturday, March 29, 2008

Nieschmidt Law Office v. Deborah Leamann

03-24-08 A-5272-06T3

We affirmed the dismissal of a law firm's complaint for
unpaid legal fees for failure to give thirty-day Pre-Action
Notice pursuant to Rule 1:20A-6, holding that a defendant's
intention to defend against the complaint rather than
participate in fee arbitration does not absolve a plaintiff's
failure to give the required notice. We also noted that the
imminent running of the six-year statute of limitations
preventing plaintiff from filing the required thirty-day Pre-
Action Notice did not absolve plaintiff under the circumstances
because plaintiff waited until the Notice could not be filed in
a timely manner.