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COHEN v. RADIO-ELECTRONICS OFFICERS UNION

146 N.J. 140 (1996)

679 A.2d 1188

ERNEST ALLEN COHEN, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. RADIO-ELECTRONICS OFFICERS UNION, DISTRICT 3, NMEBA, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided August 14, 1996.

Attorney(s) appearing for the Case

Samuel N. Reiken argued the cause for appellant and cross-respondent (Lillick & Charles, attorneys; Mr. Reiken and Linda P. Torres, on the briefs).

Ira R. Mitzner, a member of the District of Columbia bar, argued the cause for respondent and cross-appellant (Zazzali, Zazzali, Fagella & Nowak, attorneys; Mitzner, Kenneth I. Nowak and James R. Zazzali on the briefs).

Harold A. Sherman, President, submitted a letter brief on behalf of amicus curiae New Jersey State Bar Association.

Richard K. Jeydel, President-Elect, submitted a letter brief on behalf of amicus curiae New Jersey Corporate Counsel Association.

The opinion of the court was delivered by POLLOCK, J.

At issue is the enforceability of a one-year automatically-renewable retainer agreement providing for six months notice to the lawyer before the client could terminate the agreement. The issue arises in the context of a negotiated agreement in which the lawyer and the client's representative, each a skilled negotiator, bargained for the notice of termination in exchange...

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