Annual Meeting and Convention attendees were up bright and early for the 8 a.m. start of today's programming at Borgata and The Water Club. I picked up a few tips worth sharing from sessions I visited this morning on family law, criminal law, appellate practice and environmental law.
At "Getting In, Getting Out and Getting Paid," Stephanie Hagan, Esq. told the audience, "the burden is on the attorney to show the reasonableness of fees."
"The New Proposed Criminal Identification Charge" featured judges and a prosecutor to discuss the "new vernacular" that they must deal with according to Presiding Judge Liliana DeAvila-Silebi and Judge N. Peter Conforti. "We have a responsibility to educate the jury as best we can," said Judge Conforti, "so they are not overwhelmed."
Judge DeAvila-Silebi talked about how the
Henderson decision changed criminal practice.
Unchanged is the fact that "the ultimate burden is on the defendant to prove a substantial likelihood of irreparable misidentification," stated Judge DeAvila-Silebi. But the most important change is that eyewitnesses and police officers can testify at a hearing. The question is, she added, "is the defense giving a preview of cross examination, or do you wait for a trial?"
Morris County Prosecutor Robert Bianchi emphasized the impact of the
State v. Delgado decision. "Is it documented in the report?" he asked. "It's not enough to say we followed procedures. It must be documented and this is the number one area of concern when people are accused and convicted of crimes," he said.
"Having a double-blind administrator" when viewing a photo array, "is key," said Bianchi. You need one person who has no idea of the person in the photos.
Level of confidence is more important to the jury equation that facts, according to Bianchi. "The most difficult person to cross examine in the victim."
Pay particular attention to statements of confidence -- verbal statements that are made are key -- videotape for physical cues, were some closing tips from Prosecutor Bianchi.
Associate Justice Helen Hoens was a featured panelist at "Appellate Practice-the Judicial Perspective" and pleased to see the many law clerks in the audience. She started with some sage advice, "There are many things I know now, that I wish I knew then." We've all been there.
On brief writing:
- focus on the trees as well as the forest
- it's impossible not to be immersed in the case -- it's all you can think about
- write an outline to follow when writing the brief
- how many issues are they facing
- tell the reader what the trial court did that was wrong, or that it was a brilliant application of the facts
- remind the reader of your point
- distill a dozen critical points into few critical points
- your argument weaves together your critical points
- practice, practice, practice with family, colleagues - peers will be honest and they should ask you tough questions
"If you care about your client and your case," said Justice Hoens, "it will come across and it will come across if you don't. Let the judge know how much you care."
Justice Hoens also noted that respect for your adversary is most important. "Even with 80,000 lawyers in New Jersey, you will see them again," she said.
Assignment Judge Peter Bariso Jr. talked about the timing and importance of objections. "When there's an objectionable comment, you have to object when it's appropriate and meaningful -- don't wait," he said. If not, "there will be no record and you will be at the mercy of the judges."
Irene Kropp, Deputy Commissioner for the NJ Department of Environmental Protection talked about "How the NJDEP is Keeping Business and Aiding Sound Growth in New Jersey."
She told the audience that the NJDEP is moving into the "next generation of environmental management."
Goals they are targeting are comprehensive regional management, overburdened communities, sustainability of parks and clean renewable energy.
- Comprehensive regional management looks comprehensively at the issues so that changes can be made broadly.
- Overburdened communities are environmentally stressed communities that need different treatment.
- Sustainability for parks is about parks today and a model for moving forward
- Clean renewable energy -- the effort to get away from dirtier fuels
Deputy Commissioner Kropp talked about the Waiver Rule and said, "it is truly a work in progress." It impacts every single program of the NJDEP. What was done in the 70s, 80s and 90s are not the things needed today.