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Brian D. Kenney Quoted in New Jersey Law Journal Article “Bar Associations’ Reduced Fee Programs Aim To Assist ‘In-Between’ Litigants”

October 31, 2019

As seen in the New Jersey Law Journal on
By Suzette Parmley – October 31, 2019

Litigants who don’t qualify for legal aid but who still cannot afford to hire an attorney at full-rate are the province of Reduced Fee Referral programs launched in New Jersey, including one by the Morris County Bar Association that recently marked its first anniversary.

“These are calls we had been receiving for years,”  said Morris County Bar Association executive director Nancy Bangiola, “This program has helped us to help them solve their problems by connecting them to an attorney. Before the RFP, we did not have options for them. Now we do.”

Among those options is Morris County attorney Brian D. Kenney. He has done 10 cases as RFP-appointed counsel and plans to take on more.

“I treat them like all my other clients,” said Kenney, who is in the criminal practice group at Einhorn, Barbarito Frost & Botwinick in Denville. He said he usually works on RFP cases outside normal office hours.

A recent RFP case had Kenney representing a 12-year-old girl who was facing a criminal mischief charge in Morris County Superior Court. Kenney, who spent some time in the Morris County Prosecutor’s Office, said he used his knowledge of juvenile law to negotiate a deal with the prosecutor on the case. Instead of having her appear before a judge and plead guilty, the girl was sent to a diversionary program. The charge was dismissed after two months, and the girl had to write an apology letter and pay $1,100 in restitution.

“For some, this is their first exposure to the court system, and I don’t want them to have a bad experience,” said Kenney, who said the community component of the program is what drew him in.

“You are representing them and taking the time to explain everything to them. Because they can’t get a public defender, they are literally lost,” he added.

“With the RFP, I’m brought in to help them out. It makes me feel good.”

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