David:
You regularly use this listserv to espouse or support pseudo-legal opinions and theories – the 1/3 "Rule" and the more recently discussed 10% per year commingling "Rule" are just two examples. You have also, in the past, used this listserv to criticize the Bar Association or the Family Law Section, often based upon misinformation. I recall a time during my term as chair where I was forced to respond to your very public and equally misinformed diatribe against the bar. There are many who are amused by your posts – I am not one of them.
In fact, in large part because of those postings, I have come to view the listserv as a disservice provided by the Bar Association rather than an asset. A forum which was initially created to support a forward thinking exchange of ideas or a scholarly discussion of legal principles and pronouncements or ideas as how to make the practice of family law better has devolved into, all too often, a nonsensical, backward thinking, or simplistic exchange unworthy of review. I apologize in advance to those who may be offended by this comment, but I believe it is fair and accurate.
I did not, and do not, appreciate you mentioning me in one of your posts – only later to post a "just kidding" as an aside to another of your multiple posts.
So as to avoid any potential need by the NJSBA to "sanction" me for this post – which is likely contrary to the rules regarding use of this listserv – I will just remove myself from it. Instead, I will search for a listserv which truly is seeking to be a forum for the exchange of real ideas, true scholarly discussions and with the goal of hosting opinions and ideas as to how to make our practice better.
Signing off now.
Brian Schwartz, Esq.
Brian Schwartz, Attorney at Law, LLC
The Atrium at Maple Street
47 Maple Street, Third Floor
Summit, New Jersey 07901
Phone: (908) 219-4219
Fax: (908) 219-4561
E-mail: [email protected]
www.schwartzfamilylaw.com


Original Message------
UPDATE: Mediation didn't resolve the case today. The DAG's want the AOC to be included in the mediation as, even if they're not a party (which I believe they can't be due to legisltative and/or judicial immunity issues as per the SCT in Pasqua), they'd be key in implementing any resolution if one is reached. Won't say more or give any indication as to whether I think it'll eventually be succesful. I have agreed to postpone the briefing and current March 17 return date on the motion/cross motion for summary judgment. We're getting a new date for the next round of mediation.
And yes, in response to the multiple off-board messages I got, I was kidding when I said heard Brian Schwartz indicated that I should volunteer the bar to do the hearings if we agree that counsel needs to be appointed when a DL suspension is on the table.
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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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