NJSBA Family Law Section

Hello Family Law Section members,

On Monday, Nov. 19, NJICLE will present the Family Law Track at the Fall CLEfest from 9 a.m. to 4:30 p.m. at the Renaissance Woodbridge Hotel in Iselin.

Family Law Track - AM Session (9 a.m. to 12:15 p.m.)
Negotiating Family Law Settlements

Featuring: Hon. Lawrence R. Jones, JSC (ret.); Hon. Marie Lihotz, PJAD (ret.); Hon. Robert A. Fall, JAD; (ret.); Joseph Gunteski, CPA, CFF; Albertina Webb, Esq.; Curtis J. Romanowski, Esq.

The overwhelming majority of divorce cases settle without a trial. Some settle through mediation, others via the collaborative law process or some additional means of alternate dispute resolution. Sometimes it's the judge who nudges the parties toward settlement. Most often, it's the attorneys who hammer out the agreement. No matter how it's done, it's the lawyer's job to help their clients navigate the negotiation process and have the case conclude in a fair and equitable manner.

Negotiating a cease fire between warring parties is no walk in the park. It takes patience, skill, diplomacy and a solid knowledge of the law to negotiate a settlement that maximizes a client's best interests yet doesn't alienate the other side.

Make plans to attend and hear some of New Jersey's most respected family law practitioners share their knowledge and insight about what makes an effective family law negotiator. In the end, you'll walk away with the strategies you can use to help settle your next case.

Learn the top strategies for negotiating family law settlements from some of New Jersey's most respected practitioners, including:
• Dealing with your adversary - know your opponent and his or her negotiating style
• Understanding the psychological nuances of divorce
• Counseling clients about the law and likely outcomes - telling them what they need to hear, not what they want to hear
• How not to engage in a client's psychological warfare/avoiding emotional ensnarement with the client
• Understanding your judge
• Preparing to negotiate - determining your opposing parties wants
• Determining what is best for your client
• Developing a negotiation style
• How to handle initial negotiations - In person? Over the phone? Via fax or e-mail?
• Offer Solutions - Be creative - Remember guidelines are just that, guidelines
• Try to negotiate completely - do not let peripheral matters go unaddressed
• Counseling clients about ADR
• Settlement Conferences - where should they be held? Should you bring the client?
• Special considerations relating to custody and financial agreements
• When to call in the experts
• When you can't agree on everything…
• Drafting the Agreement
• Executing the Agreement
• When negotiations fail…
...and more

PM Session (1:15 p.m. to 4:30 p.m.)
Alimony

Featuring: Frank A. Louis, Esq.; Hon. Marie Lihotz, PJAD (Ret.); R. Joseph Gunteski, CPA, CFF; Hon. Lawrence R. Jones, JSC (Ret.); Jeralyn L. Lawrence, Esq.; Michael A. Weinberg, Esq.

The "new" alimony statute was passed in 2014. Its most headline grabbing feature was the elimination of permanent alimony. But the law also contained a less publicized, but equally important change – the codification of the comparability of the standard of living.

In the landmark Crews decision, the New Jersey Supreme Court held that the goal of alimony was to allow the dependent spouse to maintain a standard of living reasonably comparable to the standard established during marriage. The essence of the new alimony law is comparability, with neither party having a greater entitlement to a standard of living. The focus in no longer on the dependent spouse, but on comparability of life style post-divorce between both parties. And this shift, although on its face a subtle one, is a fundamental change and impacts how family lawyers should be preparing, arguing and settling cases.

This interactive seminar brings together some of the state's leading family law practitioners for in-depth discussions about the significance of the new alimony statute's treatment of the standard of living - and how it impacts matrimonial practice.

Topics for discussion include:
• Did the New Alimony Law unintentionally overrule Crews and earlier caselaw?
• Defining the Standard
• How the statute's comparability language effects your cases
• How you should be drafting the Case Information Statement to reflect the new alimony law's statutory changes
• Comparability and other factors, such as leisure time, savings and pensions
• How use the comparability language in the statute to argue for an enhanced alimony award
• Asset Distribution, tax consequences and comparability

Credits (for the full day)
NJ CLE: This program has been approved for 7.2 credits (50 minute hour)
Matrimonial Attorney Certification: 7.2 general credits pending
PA CLE: 6.0 substantive credits pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
CPE: 7.0 credits
NY CLE (Non-transitional): 7.0 professional practice credits

The full-day tuition is $260.

Click here to register for the Family Law Track.
Click here to download a form to register.
For assistance or to register by phone, please contact an association representative at 732-214-8500.

All the best,
Barbara

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Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]
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