NJSBA Family Law Section

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  • 1.  March 3: Great seminar by the Immigration Law Section:

    Posted 02-18-2016 09:12 AM

    From: New Jersey State Bar Association [mailto:[email protected]] Sent: Wednesday, February 17, 2016 1:45 PM To: Scott R. Malyk Subject: REMINDER - Immigration Law Section CLE program - Unauthorized Practice of Law - March 3

    New Jersey State Bar Association Immigration Law Section Presents…

    Unauthorized Practice of Law

    Thursday, March 3 • 6 p.m. New Jersey Law Center, New Brunswick 2.3 CLE credits $39 per person (with CLE credits); $19 per person (no CLE credits)

    About the Program

    We are all aware that the Unauthorized Practice of Law is a very serious problem in New Jersey. Please attend to help the U.S. Attorney and the OAE to better identify these systemic problems. While there are significant repercussions under the Rules of Professional Conduct, RPC 5.5, for lawyers not admitted in this jurisdiction, or assisting lawyers not admitted in this jurisdiction, there are also criminal repercussions. Those are located at under 2C:21-22. Assistant U.S. Attorney Zach Intrater will compare and contrast the Federal counterpart to the New Jersey statute. Moderator Daniel L. Weiss, Esq. Law Offices of Daniel L. Weiss, LLC Speakers Carol Johnston, Esq. Administrative Offices of the Court

    Arthur F. Clarke Jr., Esq. Supervisory Immigration Officer, U.S. Citizenship and Immigration Services

    Zachary Intrater, Esq. Assistant U.S. Attorney, District of New Jersey

    To Register

    Pre-registration is required. Download the registration form and fax to 732-249-2414, or login to register online. To register by phone, call Member Services 732-249-5000.
     
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    Amanda Trigg Esq.
    Chair of the Family Law Section
    (201)488-1161
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  • 2.  RE: March 3: Great seminar by the Immigration Law Section:

    Posted 02-18-2016 12:21 PM

    HI Amanda:

        I can tell you as a trial Judge that this is a serious problem in our Matrimonial Courts in Essex County There are services utilized by self- represented litigants who prepare Complaints and various court documents for defaults and uncontested JODs. There are suspicious notarized documents which cause me to seriously question whether the signature was actually witnessed by the alleged notary.

       Many times the documents are incomplete, inaccurate, and sometimes they are fraudulent. I referred one such matter to the Essex Count Pros Office. It was a Waiver of right to answer and consent to relief in the complaint. I didn't know it at the time of the uncontested. After the JOD was served on def, def hired an atty to file a motion to vacate. At that time I discovered the potential fraud, referred the matter to the Essex County Pros and it resulted in  an indictable conviction.

      I am not speaking for the AOC or for any Judge but myself: I don't believe these services are helping litigants- I think they are ripping them off. They charge for legal services, and if the fee is not paid in full , will not prepare the JOD until they receive full payment. These individuals are practicing law without a license, and they are taking business away from legitimate, licensed attys. Until the bar seeks legislation regarding these services, it will continue to occur.

      Thanks for your attention to this matter.

                    Judge Michael R. Casale

     

     




    Original Message


  • 3.  RE: March 3: Great seminar by the Immigration Law Section:

    Posted 02-18-2016 02:33 PM
    I think we've all seen the damage done by these people. The most victimized community are Hispanics from Central America, where a "notario" has an elevated legal status (somewhere between a solicitor and barrister in England) and they assume someone purporting to be a notary can draft agreements (etc). I speak decent enough Spanish that I've had a number of times where I spoke to someone who had paid hundreds or thousands ($2100 in one case) to a "notary" who was "drafting an agreement less expensively than a lawyer" and did tremendous harm. Long story, but I saw a poorly done "Divorce Center" divorce cost someone upwards of $40,000 when a subsequent divorce came up, and saw an Appellate Brief ($5000+ taken) that literally called the trial judge names and where good issues were lost.

    I'm interested in the seminar as well, but I think the answer is straight-forward: More resources devoted to enforcement. Undercover operations that result in prosecutions. UPL was, I believe, upgraded recently from either a DP to a 4th Degree or from a 4th to 3rd Degree offense. If there are arrests and news coverage, maybe people will think twice before doing it.

    The problem is that there's a perception that prosecuting this is a matter of our profession protecting itself from competition. As Judge Casale (and many other judges have pointed out), that's not what this is about -- it is about real harm being done to the public. Whatever the Bar can do, I'm sure we'll do - maybe the best answer would be for the PJ's to reach out together and see if they (perhaps via the AOC?) can get more interest from the AG's office in cracking down on this? Maybe all Family judges should be on the alert on this issue and inquire further when they see a "pro se" agreement that raises red flags?



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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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    Original Message


  • 4.  RE: March 3: Great seminar by the Immigration Law Section:

    Posted 02-18-2016 03:35 PM

    Several years ago the Passaic County Prosecutor's office, working with the Passaic County Bar Association ran a sting operation in Paterson involving a store front travel agency- notario business that advertised that they could obtain divorces .  The operation involved an undercover investigator posing as a customer of the notario and seeking a divorce.  The sting worked resulting in an arrest and prosecution for the unauthorized practice of law.  The notario pleaded guilty.  The operation made the papers with photographs .  Shortly thereafter, I believe, the offense was upgraded by the legislature from a disorderly persons offense to a crime.

     

    However, the notario operations soon popped up in other locations and are  still in operation.

     

    John Fiorello Esq.

     

     

     




    Original Message


  • 5.  RE: March 3: Great seminar by the Immigration Law Section:

    Posted 02-19-2016 05:34 AM
    N.J.S.A 2a:17-56.23a provides that written notification can be sent 45 days prior to a motion seeking modification of child support and the modification is the date of the letter.  Is there any such statue, rule or case that provides the same benefit for modification of alimony?



    Original Message