(a) Waiver of Fees. Except when otherwise specifically provided by these rules, whenever any person by reason of poverty seeks relief from the payment of any fees provided for by law which are payable to any court or clerk of court including the office of the surrogate or any public officer of this State, any court upon the verified application of such person, which application may be filed without fee, may in its discretion order the payment of such fees waived. In any case in which a person is represented by a legal services or public interest organization or law school clinical or pro bono program approved under R. 1:21-11(b)(2), private counsel representing indigents in cooperation with any of the preceding entities, the Office of the Public Defender, or counsel assigned in accordance with these rules, all such fees and any charges of public officers of this State for service of process shall be waived without the necessity of a court order.
(b) Compensation of Attorneys. Except as provided by any order of the court, no attorney assigned to represent a person by reason of poverty shall take or agree to take or seek to obtain from the client, payment of any fee, profit or reward for the conduct of such proceedings for office or other expenses; but no attorney shall be required to expend any personal funds in the prosecution of the cause.
Note: Source-R.R. 1:27E, 4:98-2(c). Paragraph (a) amended and paragraph (b) adopted July 7, 1971 to be effective September 13, 1971; paragraph (a) amended July 29, 1977 to be effective September 6, 1977; amended May 3, 1982 to be effective immediately; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 22, 2014 to be effective January 1, 2015.Back