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The New Jersey State Bar Association (NJSBA) joined the Bergen County Bar Association in urging the Supreme Court’s Advisory Committee on Professional Ethics to revise Opinion 735, which found no issue with an attorney purchasing a competitor attorney’s name as a keyword in an internet search to ostensibly redirect a consumer to the purchasing lawyer’s website. The finding is one of four ethics opinions issued nationally that addresses the issue—Texas and Wisconsin found no issue with the practice; North Carolina found the practice unethical. The NJSBA filed a petition, authored by Bonnie C. Frost, for review of ACPE Opinion 735. “The NJSBA is concerned that ...
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The Labor and Employment Law Section (LAELS) of the New Jersey State Bar Association is now soliciting nominations for the 2020 Sidney H. Lehmann Award. In 2013, the LAELS voted unanimously to establish the Sidney H. Lehmann Award of the Labor & Employment Law Section of the New Jersey State Bar Association, in memory of our friend and colleague, Sid Lehmann. Sid made an indelible mark on public sector labor relations in New Jersey and possessed a passion for social justice and a belief in the value of every person. He began his career at Camden Legal Services and then became one of the original lawyers in the New Jersey Office of the Public Advocate when ...
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By Evelyn Padin PracticeHQ consultations, resource bank will be free for our members As a small-firm attorney who co-owns a restaurant and develops commercial properties, I know first-hand that it takes very different sets of skills to be a zealous advocate for a client and to run a successful business. Staying up to date on caselaw and working with clients take one set of talents, while collecting fees, resolving IT problems that can bring an office to a standstill and figuring out which office products are the best take an entirely separate set. The New Jersey State Bar Association knows practice management can be a particular challenge for many ...
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“Art is culture,” said Les Floyd, an artist from Somerset. “And people who lose their culture lose everything.” Floyd, who with artist J. Casseia Lewis is featured in an exhibit at the New Jersey Law Center that celebrates Black History Month, was lamenting cuts to school arts programs. But he was also commenting on the importance of representation of the richness of African American culture in the arts. “We’ve done so much to be proud of. I think I put that message out there” with my paintings, he said. Floyd’s work captures aspects of the rich tapestry of African American culture. It includes portraits of leading figures in the arts, such as writer Maya ...
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The New Jersey State Bar Association (NJSBA) Minorities in the Profession Section will host a program that celebrates Black History Month from 6–9 p.m. on Feb. 20 at the New Jersey Law Center. The program will include a keynote address by United States District Court Judge Michael A. Shipp and an awards presentation, followed by a reception with music provided by the Trenton High School Orchestra. The festivities will continue with a trivia contest with winners of a New Jersey high school essay contest sponsored by the section. At the event, attendees can meet local artists Les Floyd and J. Casseia Lewis, whose work is on exhibit in the Visitors Lounge. ...
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Supreme Court sides with tax court that transfer inheritance tax law demands predictability and certainty The Supreme Court affirmed the trial court and Appellate Division’s interpretation of New Jersey’s transfer inheritance tax statute that taxed the full value of a property transferred into an irrevocable trust upon the death of the second spouse. In Estate of Mary Van Riper v. NJ Division of Taxation , Docket A-51-18, Justice Lee A. Solomon, who wrote the unanimous decision, highlighted the advancement of “the vital policy goals of clarity, simplicity, and ease of implementation” of the transfer inheritance tax law. The New Jersey State Bar Association ...
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This was just reported from the NYSBA Weekly, I am wondering why NJSBA is so far behind on this issue: The New York State Bar Association has adopted a report  from the NYSBA Committee on Cannabis Law that supports the legalization of adult recreational marijuana use in New York. The report outlines suggested strategies for the implementation of legalized cannabis in New York state, and was adopted at NYSBA's House of Delegates meeting in New York City Jan. 31 as part of the association's Annual Meeting. "With the full support of the New York State Bar Association, we are hopeful our report will offer the necessary guidance to New York's governing bodies ...
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The New Jersey State Bar Foundation (NJSBF) is seeking nominations for the Medal of Honor, its most prestigious award. The deadline is Feb. 28. Since 2000, the Medal of Honor award has been given annually to lawyers, law-related professionals and lay people who have made significant contributions to the advancement or improvement of the justice system or the betterment of the legal profession in New Jersey. The award also recognizes professional excellence as demonstrated by an individual’s accomplishments in the law or through service to the profession and the community during their careers. Ralph J. Lamparello, treasurer of the NJSBF and a former president ...
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The New Jersey State Bar Association (NJSBA) has reinforced its ­commitment to diversity and inclusion by adopting a formal policy laying out expectations for continuing legal education (CLE) panels and presentations. “It is a stated goal of the New Jersey State Bar Association’s Board of Trustees to increase diversity on CLE panels and presentations, so as to better reflect the diversity of the legal profession and our membership,” the policy reads. “We expect sections and planning committees to consider this goal when planning their seminars.” “The impact of this policy is already being felt,” said NJSBA President Evelyn Padin. “As sections and committees ...
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Supreme Court holds retainer agreement invalid, reserves issues of professional conduct for ad hoc review The New Jersey Supreme Court affirmed the Appellate Division’s holding, that a retainer agreement in a Law Against Discrimination (LAD) case that imposed legal fees and costs on a client even if the lawsuit failed, is invalid. But, the Court reserved comment on “ethical pronouncements” by the lower court, recommending further review for consideration by a newly created ad hoc committee. “The New Jersey Supreme Court decision today on Balducci v. Cige concurs with the New Jersey State Bar Association’s amicus argument that there needs to be a ...
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NJSBA to Supreme Court: Passwords to electronic devices cannot be compelled in criminal matters Compelling a criminally accused individual to provide a passcode would constitute self-incrimination under New Jersey law, said New Jersey State Bar Association (NJSBA) Trustee Christopher J. Keating before the Supreme Court last week. Keating argued on behalf of the NJSBA as amicus curiae in the matter of State v. Andrews , which considers whether it is a violation of a defendant’s Fifth Amendment right against self-incrimination to compel disclosure of personal identification numbers and passcodes for lawfully seized iPhones. Relying on the ‘foregone conclusion’ ...
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The New Jersey State Board Association (NJSBA) Board of Trustees, the association’s governing body, discussed and took action on numerous issues at its Jan. 17 meeting at the New Jersey Law Center in New Brunswick. The board announced NJSBA created an inclusive speakers bureau for use as an internal resource to foster the association’s goal of inclusion in all aspects of the profession. The NJSBA website now has a portal for people to share their information, such as expertise and background, to be considered as a potential speaker for future educational programming by the NJSBA and the New Jersey Institute for Continuing Legal Education (NJICLE). The education ...
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Dozens of candidates filed for leadership positions in the New Jersey State Bar Association (NJSBA). The Nominating Committee will interview candidates this month. The positions include the Executive Committee officers as well as county, at-large, section/committee and Young Lawyers Division trustees; and positions on the Nominating Committee and as American Bar Association delegates. Members of the NJSBA may watch the interviews via simulcast at the New Jersey Law Center in New Brunswick on the interview days. All deliberations are confidential. Following the interviews and deliberations, the committee will issue a report to the NJSBA’s Board of Trustees ...
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The New Jersey Lawyers Assistance Program (NJLAP) touches hundreds of lives each year and leaves them for the better. The program is a free, confidential service that provides attorneys, judges, law school students, and law school graduates with resources for handling mental health or substance abuse issues that could impact their professional and personal well-being. The New Jersey State Bar Association (NJSBA) provides administrative support. On this edition of Sidebar, Denise Golonka, NJLAP’s clinical manager, discusses the importance of mental health, how NJLAP can help the legal community practice self-care and makes the case for why well-being is ...
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The 2018-2019 session ended with some surprises, some wins, and some disappointments. The overall results are yet to be seen, as the governor still has the power of the pocket veto at his disposal. Here is a snapshot of what the New Jersey State Bar Association (NJSBA) has followed, is following in the next few days, and will be following in the next session: NJSBA-Supported Bills on the Governor’s Desk A number of bills supported by the NJSBA were passed by both houses in the final hours of the legislative session and, as of this writing, are awaiting the governor’s signature. The measures include S-700 (Ruiz), which allows for eligible non-citizens to ...
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Come for the conversation and ­continuing legal education credits, then stay for the party when the New Jersey State Bar Association (NJSBA) Diversity Committee hosts a unique town hall-style program on Jan. 15 that examines experiences attorneys may face due to their race, ethnicity, gender identity, religion and other identifiers. NJSBA Trustee Ayesha Hamilton will moderate a discussion examining the impact of bias and microaggression in the legal profession, resources available to individuals who have been targeted as a result of bias, and how witnesses to such behaviors can act as upstanders. “While we are starting to see greater diversity in hiring ...
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As the end of the lame duck legislative session drew to a close, the New Jersey State Bar Association (NJSBA) weighed in on auto insurance, child support, and more. NJSBA Sounds Off on Bill to End Insurance Fraud The NJSBA voiced significant concerns in testimony on a bill that would overturn the New Jersey Supreme Court’s decision placing liability for claims by an innocent third party on an insurance company that underwrites a fraudulent policy. S-1732 (Cryan)/A-2092 (Lagana) sets out to clarify that a violation of the New Jersey Insurance Fraud Prevention Act results in the loss of motor vehicle liability insurance coverage, and that innocent persons ...
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The August 2020 issue of New Jersey Lawyer magazine will focus on Sexual Orientation and Gender Identity. Special Editors, Bill Singer and Rebecca Levin, are seeking authors with interest and experience who can write an article on one or more of the following topics in the context of sexual orientation and gender identity and the law: -          Cultural competency in the courts for nonbinary and gender non-conforming individuals -          Getting names and gender markers aligned -          Sex discrimination and employment protections for sexual orientation and gender identity -          LGBTQ Issues in Schools & Education/Title IX -          ...
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Editor’s Note: The following article by Sarah Glockenmeier was published as part of the New Jersey Labor and Employment Law Quarterly Vol. 41, No. 1, which was distributed to members of the Labor and Employment Law Section. To learn more about joining a section of the New Jersey State Bar Association, email us at [email protected] . On July 25, 2019, New Jersey became the 17th state to issue a salary history ban that will prohibit employers in the state from seeking or relying on prospective employees’ salary history, including prior wages, salaries, or benefits, during the application process. 1 Effective Jan. 1, 2020, this legislation bolsters the ...
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January 6, 2020 NJSBA amicus curiae roundup Delaney v. Dickey The New Jersey State Bar Association (NJSBA) filed an amicus curiae brief urging the Supreme Court to reverse an appellate court decision expanding the requirements attendant to meeting the requirements of Rule of Professional Conduct (RPC) 1.4(c) in entering into a retainer agreement with a potential client. That RPC requires a lawyer to explain the agreement as reasonably necessary to permit the client to make informed decisions about the representation. The Appellate Division concluded the rule is breached when a retainer agreement references a document containing material terms ...
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