NJSBA Family Law Section

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  • 1.  ESP Panelist and then taking over a case

    Posted 09-30-2016 01:04 PM

      Hi all:  Question: Is there any ethics rule that prevents me from taking over a matrimonial case where I sat as the ESP panelist on the case?

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    Faith Ullmann Esq.
    Owner
    Newton NJ
    (973)579-9700
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  • 2.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:13 PM

    I think the court would frown upon it and that it would also be a conflict of interest. 

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    Lynn Norcia Esq.
    Starr, Gern, Davison & Rubin
    Roseland
    (908)581-4607



  • 3.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:14 PM

    there is a rule that we are not supposed to represent a party that has come before us in ESP. (however I don't know the rule number off the top of my head).

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

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  • 4.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:25 PM
    I would think it would be a conflict of interest as you may have received information at the esp that might be privledged. Also, all you need is the appearance of a conflict. 



    Frederick R. Wiedeke, Jr. Esq.
    732 269-3377
    Fax:  732 269-0282





  • 5.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:20 PM

    Hi Faith.

    If you served as an arbitrator or a mediator, without question, you could not properly become an advocate for one party and an adversary of the other.  Your earlier rile precludes your later one.

    MESP is a firm of non-binding arbitration.  I  am an MESP panelist in Mercer. I don't believe there is a formal rule against such later representation.

    However, I think it doesn't make the program look good to have one of the parties later find out that s/he is now pitted against someone who earlier played a neutral role.

    Bottom line, IMO you should get written and signed consent from the other party, through legal counsel if there is one or pro se if there is not, waiving any claimed conflict. If you can't get the waiver, then decline the case.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ







  • 6.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:23 PM

    Yes, that is what I thought. Just thought I would check anyway.

     

    Thank you.

     

    Faith

     

     

    Faith A. Ullmann Esq.

    Certified N.J. Supreme Court Matrimonial Law Attorney

     

    97 Main Street,

    Newton, NJ 07860

    Office # 973-579-9700

    Fax # 973-579-9707

    [email protected]

    www.faudivorcelaw.com

    Visit us on Facebook

     

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  • 7.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:27 PM

    However, I think if you wanted to continue as a mediator in private mediation you would be permitted to take on that role if both parties wanted to select you.

     

     






  • 8.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 01:25 PM

    role . . .

    form . . .


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ







  • 9.  RE: ESP Panelist and then taking over a case

    Posted 09-30-2016 04:16 PM

    I would never do that. You've learned too much about the adverse party's case and there may even have been some candid admissions by the other attorney to the panelists that were stated in expectation that they were just for the panelists ears. I don't know about an ethics rule but I cannot imagine any judge who would not disqualify you if asked to do so.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]
    Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

         

     

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