On every application for attorney’s fees, the attorney shall file with the court at least 20 days prior to the day on which the account is settled an affidavit stating, in addition to the information required by R. 4:42-9(b), whether any part of the requested fee is to be paid to or shared with an attorney or firm of attorneys of another state or jurisdiction and if so, the amount to be paid or the manner in which the fee is to be shared shall be set forth and shall be supported by an accompanying affidavit of the foreign attorney or attorneys stating in detail the nature of the services rendered. The allowance shall be payable to the New Jersey attorney, and shall state what part, if any, of said allowance is to be paid to or shared with the foreign attorney or attorneys.
Rule 4:88-4.Affidavit of attorney’s services
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:88-4 requires an attorney seeking fees to file an affidavit at least 20 days before settlement, supplementing R. 4:42-9(b)'s requirements with disclosure of any fee-sharing with an out-of-state attorney, backed by that foreign attorney's own affidavit of services, with the allowance itself payable to the New Jersey attorney.
Full Text of Rule 4:88-4
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:107-3; amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
An attorney applying for fees out of an estate has more to disclose than the usual R. 4:42-9(b) affidavit covers. At least 20 days before the account is settled, the attorney also has to say whether any part of the requested fee will be paid to or shared with an attorney or firm from another state or jurisdiction, and if so, how much and on what terms — backed by the foreign attorney's own affidavit detailing the services rendered.
Whatever the arrangement, the fee allowance itself is payable to the New Jersey attorney, with the order spelling out what portion, if any, gets passed along to the attorney from elsewhere.
Frequently Asked Questions
What must an attorney disclose beyond the usual R. 4:42-9(b) fee affidavit?
Whether any part of the requested fee will be paid to or shared with an out-of-state attorney or firm, and if so, the amount or manner of sharing, backed by that attorney's own affidavit of services.
To whom is the attorney's fee allowance paid?
To the New Jersey attorney, with the order specifying what part, if any, is passed on to a foreign attorney.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:88-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: attorney's fee affidavitfee sharing foreign attorney