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  • 1.  Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Posted 11-03-2015 02:30 PM

    Ethics Panel Bars Contempt Threats in Mailed Subpoenas

    David Gialanella, New Jersey Law Journal

    New Jersey lawyers are being warned off of threatening contempt of court in subpoenas that are mailed rather than hand-delivered-an apparently pervasive practice despite the fact that the Appellate Division proscribed it six years ago.

    In Opinion 729, the state Supreme Court's Advisory Committee on Professional Ethics said that doing so is not provided for in court rules-and neither, for that matter, are mailed subpoenas.

    "Failure to obey a subpoena is deemed contempt of court," but "[w]hen a subpoena is sent by ordinary mail instead of being served personally, a recipient who fails to obey the subpoena cannot be deemed in contempt of court as the court lacks personal jurisdiction over the recipient," the committee said.

    The panel received an inquiry from a lawyer asking whether it was permissible to include language threatening sanctions for noncompliance with a subpoena duces tecum, according to the two-page opinion, dated Oct. 30 and made public Nov. 2.

    The lawyer, unnamed in the opinion, asked specifically whether including such language would be a "false statement of material fact" in violation of Rule of Professional Conduct 4.1(a)(1) since noncompliance is sanctionable only in connection with subpoenas served in person.



    Read more: http://www.njlawjournal.com/id=1202741474979/Ethics-Panel-Bars-Contempt-Threats-in-Mailed-Subpoenas#ixzz3qSSXQgVw

     


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    Hanan M. Isaacs, Esq.

     

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  • 2.  RE: Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Posted 11-04-2015 11:49 AM

    Can anyone refer me to the Appellate Division opinion? Thanks Frank Grather

     




    Original Message


  • 3.  RE: Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Posted 11-04-2015 11:59 AM

    Frank

    It's an ACPE Advisory Opinion, and it stands unless modified or overruled by the NJSC.

    Hanan





    Original Message


  • 4.  RE: Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Posted 11-04-2015 12:07 PM

    Good man, Hanan.  I just changed my transmittal letter!

     

    Regards.

     

     

     

    Mark F. Saker, Esquire

    Attorney ID #271831971

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  • 5.  RE: Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Posted 11-04-2015 03:01 PM

    Didn't we all.

    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

     

    Family Law

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    Re: Warning from NJ Advisory Committee on Professional Ethics re: Mailed Subpoenas Containing Contempt Threats

    Image removed by sender. Mark F. Saker, Esq

    Nov 4, 2015 12:07 PM

    Mark F. Saker, Esq

    Good man, Hanan.  I just changed my transmittal letter!

     

    Regards.

     

     

     Image removed by sender.

    Mark F. Saker, Esquire

    Attorney ID #271831971

    ______________________________

     

    Image removed by sender. <a href=[email protected]">

     

    PLEASE NOTE OUR NEW ADDRESS

     

    Lomurro, Munson, Comer, Brown & Schottland, LLC

    Monmouth Executive Center

    4 Paragon Way, Suite 100

    Freehold, NJ, 07728

    Image removed by sender. <a href=[email protected]">[email protected]

    Image removed by sender. <a href=[email protected]">Main: 732-414-0300 X 140

    Image removed by sender. <a href=[email protected]">Direct: 732-414-0343
    Image removed by sender. <a href=[email protected]">Fax: 732-431-4043

      Cell:  732-915-5190

    W   www.lomurrolaw.com

     

    CONFIDENTIALITY NOTICE:  This Email and any attachments thereto are intended for the exclusive use of the addressee. The information contained herein may be privileged, confidential or otherwise exempt from disclosure by applicable laws, rules or regulations.  If you have received this Email in error and are not the intended recipient, you are hereby placed on notice that any use, distribution, copying or dissemination of this communication is strictly prohibited. If you have received this in error please notify the sender immediately at 732‑414-0300 and delete this Email and any attachments immediately.  Thank you for your anticipated cooperation.

     

     




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    Original Message

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    Frank

    It's an ACPE Advisory Opinion, and it stands unless modified or overruled by the NJSC.

    Hanan



     

     

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