KENNETH ZAHL VS. HIRAM EASTLAND, JR., ET AL. (L-0851-16, MORRIS COUNTY AND STATEWIDE) (A-3696-19T2)
On leave granted, defendant, a Mississippi attorney (and his associated law firms), appeal from the denial of his motion to dismiss plaintiff's complaint for lack of personal jurisdiction. R. 4:6-2(b). Defendant was admitted pro hac vice to represent plaintiff in a federal lawsuit filed in the federal district court for the district of New Jersey alleging, among other things, RICO claims against the New Jersey Attorney General and other state officials. The federal suit was ultimately dismissed; the Third Circuit affirmed the dismissal.
Plaintiff initiated this suit alleging malpractice and excessive billing in defendant's representation of him in the prior federal action. As he did before the Law Division, defendant, who never physically appeared in New Jersey in connection with the federal suit, argued that he never personally availed himself of the privileges of doing business in New Jersey, lacked requisite minimum contacts with the state, and that requiring him to defend himself in state court in New Jersey offended traditional notions of fair play and substantial justice
The court affirmed the Law Division's denial of the motion to dismiss, finding particular significance in defendant's pro hac vice admission, since it required defendant to abide by certain New Jersey Court Rules, including, a limit on contingent fees, financial contribution to the Client Security Fund, and an obligation to abide by the Rules of Professional Conduct as adopted by our Supreme Court.
