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The Middlesex
ADVOCATE
The Middlesex County Bar Association Monthly Newsletter
February 2015 · Volume 29, Number 6
MCBA
A Message from the President
By Ellen F. Schwartz
Upcoming Events
Retirement Dinner for
Hon. Bradley J. Ferencz
Wednesday, February 18th
The Armory, Perth Amboy
(See page 7 for details)
Annual Practice Area Awards
Dinner Meeting
Wednesday, March 18th
(See page 11 for details)
What’s Inside
Calendar of Events………………. 2
Court Allows Contracts That
Limit Employee’s Time to Sue
by Lawrence C. Weiner………... 3
A Child’s Contribution to
College Expenses
by Bruce Chase ……………………. 4
RU Mock Trial Team Wins
Stanford Invitational ……………. 5
Scenes from the Annual
Family Law Awards Dinner ….. 9
On My Mind
by Linda Lashbrook ……………… 12
Plan/Budget for Marketing Now
By Kimberly Alford Rice ………… 14
Newsletter
Distribution Change
Effective with last month’s
issue, the newsletter is being
distributed primarily via
e-mail. If you wish to receive
a “mailed” hard copy you
must contact the Bar Office.
Taking a page from the Linda Lashbrook playbook, some random thoughts: Remembering Edward Schoifet and Martin Goldin For a number of years now, we have pre‐
sented the Edward Schoifet and the Martin Goldin family law awards at our General Membership Dinner in January. This year’s award recipients, Bob Goldstein (Schoifet) and Angela Pastor (Goldin) are both worthy of their respective awards. Both of them are long‐time colleagues and friends, and I want to extend my personal congratulations to both of them. Also to our Arthur H. Miller Lawyer of the Year winner, the Hon. Glenn Berman, who served Middlesex County with distinction as both a Superior Court judge, and as Middlesex County Prosecutor. I always feel a bit nostalgic when the Schoifet and Goldin awards are given out, perhaps because I knew and admired both Ed and Marty so much. Marty was my co‐
panelist on the ESP Panel for many years, and was a wonderful mentor to me. Perhaps not in the traditional sense, but he encouraged me and gave me confidence in my ability to do my job. I remember how scary it was be‐
ing a new attorney, and having cases against people like Ed, or Marty. Marty could have very easily eaten my lunch, and made me feel like the inexperienced neophyte that I was. Instead, he was unfailingly kind, courteous and supportive. He managed to take care of me, and by that I mean, resolved our cases in a fair and logical way. In retrospect, he proba‐
bly kept me from actually doing harm to my own clients, while at the same time never making me doubt my own skills. And some‐
how, he always made certain that I got coun‐
sel fees at the end of the case. Quite a guy. Marty has been gone for more than twelve years now, but I still remember very clearly one Tuesday about twenty years ago. We had finished the cases for our panel, and we were chatting in a conference room at the Courthouse. Apropos of absolutely nothing, he said “you should consider going on the bench. You’re certainly bright enough, and you have the temperament for it.” Whether or not his assessment was correct is not the point; I was overwhelmed that someone of Marty’s stature would say something like that to me. It’s hard to put into words how much that meant to me. I will always remember that moment, and treasure it, because it made me believe I had earned his respect, and that meant the world to me. I still miss him, and his wise counsel. When I first met Ed, I had recently come to Middlesex County from Essex County. I told then‐Presiding Judge Mark Epstein that I was interested in becoming a member of the Early Settlement Panel. He suggested that I speak with Ed, who was the Panel chair at the time. I asked him to describe Ed so that I could approach him at the next Bar Associa‐
tion dinner. He just laughed, and said, “look for the crowd of people at the end of the din‐
ner; he’ll be in the middle of it.” He was abso‐
lutely correct. I approached Ed, introduced myself, and asked for consideration as a Pan‐
elist. He looked me over, and told me to call his office. I did; we made a lunch date at Panico’s, his favorite spot for meetings. Fast forward – he accepted me onto the Panel, where I have remained for more than twenty years. Having a case against Ed was always fun. He liked everyone to come to his office, and when you arrived, he would say “come on, I’ll take you to lunch at Panico’s, and I’ll tell you how we’re going to settle our case.” Ed al‐
ways knew exactly how the case should be resolved, and didn’t like to waste time with (See President’s Message on page 8) Calendar of Events
The Middlesex Advocate
87 Bayard Street
New Brunswick, NJ 08901
Phone: (732) 828-3433
Fax: (732) 828-5862
www.mcbalaw.com
Wed‐Feb 4 @ 6:00 p.m. MCBA/MIDDLESEX COUNTY TRIAL LAWYERS ASSN DINNER CLE (2.0 Credits) The Pines Manor, 2085 Route 27, Edison. Topic: Technology Advances in the Practice of Law: In and Out of Court. Speakers: Hon. Bradley Ferencz, JSC (Ret.); Nicholas J. Leonardis, Esq. and Jonathan H. Lomurro, Esq. Cost: $75‐
MCBA & MCTLA Members and $100‐All Others. Mon‐Feb 9 @ 5:00 p.m. MUNICIPAL COURT PRACTICE CLE SEMINAR (2.0 Credits) – Topic: 2014 DWI Review. Speaker: Peter H. Lederman, Esq. Cost to attend is $30 for Young Lawyers, $40 for MCBA Members and $75 for all others. Letters to the Editor
We welcome letters from MCBA members
responding to recent articles or to events or issues
of general concern to the bar.
Commentary Articles
Bar members are invited to submit “op-ed”
articles, not longer than 750 words, which take
affirmative or negative positions on matters of
interest to the bar.
Practice-Oriented Articles
(Rescheduled from Jan 26th) Tue‐Feb 10 @ 5:30 p.m. INTELLECTUAL PROPERTY CLE SEMINAR (2.5 credits) ‐ NJ Law Center, Room 270, 1 Constitution Square, New Brunswick. Intellectual Property is Every‐
where: Determining if Your Client Has IP to Protect. Speakers: Adam Forman, Esq.; Cherise Kent, MPA; Barry Schindler, Esq.; Peter Tu, Esq.; and Elysa Gold‐
berg, PhD, Esq. Cost to attend is $40 for Young Lawyers, $45 for MCBA Mem‐
bers and $75 for all others (includes dinner). Thu‐Feb 12 @ 8:00 a.m. ELDER LAW COMMITTEE MEETING. Topic: TBA. There is no cost to attend. (A light breakfast is included.) Thu‐Feb 12 @ 5:00 p.m. FAMILY LAW CLE SEMINAR (2.0 credits) ‐ Topic: The Interplay Between Fam‐
ily and Elder Law. Speaker: Gabrielle Strich, Esq. Cost: $20‐Law Clerks; $25‐
Young Lawyers; $30‐Members; $60‐All others. Fri‐Feb 13 @ 12:15 p.m. BOARD OF TRUSTEES MEETING – Bar Members are welcome to attend. Please call the Bar Office at 732.828.3433, x.102 to RSVP. Tue‐Feb 17 @ 5:00 p.m. CIVIL TRIAL PRACTICE CLE SEMINAR (2.0 Credits) – Topic: Psychological Evaluations in Personal Injury Cases. Speakers: Edward J. Rebenack, Esq. and Gianni Pirelli, Ph.D. Cost to attend is $30 for Young Lawyers, $40 for MCBA Members and $75 for all others. Wed‐Feb 18 @ 6:00 p.m. RETIREMENT DINNER FOR HON. BRADLEY FERENCZ, JSC (Ret.) ‐ The Armory, 200 Front Street, Perth Amboy. Guest speakers include Hon. Barry T. Albin, Hon. Esther Salas, Hon. Travis Francis, AJSC and Hon. Dennis Nieves. Cost to attend is $75 in advance. See page 7 for more details. Thu‐Feb 19 @ 12:15 p.m. CHANCERY PRACTICE LUNCH CLE (1.5 Credits) – Topic: Hot Tips for the Chan‐
cery Practitioner. Speakers: Hon. Frank Ciuffani, PJSC and Hon. Ann G. McCormick, JSC. Cost: $20‐Law Clerks; $25‐Young Lawyers, $30‐Members and $50‐All Others. Mon‐Feb 23 @ 5:00 p.m. LAW PRACTICE MANAGEMENT CLE SEMINAR (1 Credit) – Topic: Raising Your Profile in the Media. Speaker: Pamela Brownstein, Former Editor, NJ Law Journal. Cost: $10‐Members and $20‐All Others. Tue‐Feb 24 @ 8:00 a.m. TAXATION COMMITTEE CLE SEMINAR (1.5 Credits) ‐ Law Offices of Green‐
berg & Schulman, 90 Woodbridge Center Drive, Suite 200, Woodbridge. Topic: Update on 2015 Heckerling Institute ‐ Part 1. Speaker: Richard Green‐
berg, Esq. Cost: $5‐Young Lawyers and $10‐All Others. Thu‐Feb 26 @ 8:00 a.m. YLC BREAKFAST CLE (1.5 Credits) – Topic: Mistakes That Young Laywers Make: A View From the Top. Speakers: Hon. Vincent Le Blon, JSC; Hon. Lisa Vignuolo, JSC; and Hon. Arnold Natali, Jr., Esq. Cost: $20‐Law Clerks; $25‐
Young Lawyers, $30‐Members and $50‐All Others. We welcome the submission of substantive law
articles, to be limited to 2,000 words or less.
News About People and Firms
MCBA members are invited to submit announcements and photographs of new firms, new hires,
promotions, awards, celebrations and other
noteworthy events.
Obituaries
Obituaries about Middlesex County lawyers may
be submitted and should be 300 words or less.
Materials submitted for publication in The
Middlesex Advocate should be sent to
[email protected] and may be edited for
style or abridged due to space limits. Photographs
must be submitted electronically in jpg format.
2014-15 Board of Trustees
Ellen F. Schwartz
President
Craig M. Aronow
President-Elect
Andrea J. Sullivan
First Vice President
William P. Isele
Second Vice President
Brenda Vallecilla
Treasurer
Joanne Vos
Secretary
Tara Auciello
Immediate Past President
Louis Seminski, Jr.
Joshua Altman
Edward Testino
Richard D. Barker
Megha Thakkar
Risa M. Chalfin
Daria Anne Venezia
Kim M. Connor
Charles Whelan, III
John F. Gillick
Rosemarie R. Williams
Meryl Gonchar
Eugene Wishnic
Patrick D. Heller
Kimberly Yonta
Trustees
Jonathan P. Cowles
Executive Director
Newsletter Editor
William P. Isele
The MCBA is an approved provider of continuing legal education in NJ and all CLE programs listed above will meet the requirements of the BCLE of the Supreme Court of NJ. All events will be held at the MCBA Office, 87 Bayard Street in New Brunswick unless otherwise indicated. To RSVP go to www.mcbalaw.com or call 732.828.3433, ext. 102. The Middlesex Advocate — February 2015 — Page 2
COURT ALLOWS CONTRACTS THAT LIMIT AN EMPLOYEE’S TIME TO SUE By Lawrence C. Weiner, Esq. In a victory for employers, New Jersey’s Appellate Division ruled that an employee is bound by his agreement set forth in his employment application to shorten the two‐year statute of limitations applicable to claims against his employer to six months. In Rodriguez v. Raymours Furniture Company, Inc., 436 NJ Super. 305 (App.Div.2014) the appellate court dismissed an employee’s discrimination complaint filed against his employer eight months after he was terminated, despite the fact that the New Jersey Law Against Discrimination (LAD) provides for a two year statute of limitations. Facts In August 2007, Rodriguez sought employment with Raymour & Flanigan as a customer delivery assistant. Rodriguez was given a job application, which he then completed and submitted the next day. The application was a two‐page document and right above the signature line there was a section entitled “Applicant’s State‐
ment” which provided the following waiver in capital letters: I AGREE THAT ANY CLAIM OR LAWSUIT RELATING TO MY SERVICE WITH RAYMOUR & FLANIGAN MUST BE FILED NO MORE THAN SIX (6) MONTHS AFTER THE DATE OF THE EMPLOYMENT ACTION THAT IS THE SUBJECT OF THE CLAIM OR LAWSUIT. I WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY. The application also advised in bold capital letters, “READ CAREFULLY BEFORE SIGNING.” Approximately three years after he was hired, Rodriguez was promoted to the position of driver. In conjunction with the promotion, Rodriguez completed a second application that did not contain any waiver shortening the statute of limitations. Soon thereafter, Rodriguez injured his knee at work and required surgery. Three days after he returned to work, Ray‐
mour & Flanigan laid off 102 workers, including Rodriguez. Eight months after his termination, Rodriguez brought a lawsuit against Raymour & Flanigan claiming he was terminated because of his alleged disability in violation of LAD and in retaliation for filing a workers’ compensation claim. Appellate Division’s Ruling The Appellate Division affirmed the trial court’s dismissal of Rodriguez’s complaint and enforced the shorter limitations period set forth in the application. The court rejected Rodriguez’s claim that the statute of limitations provision was unconscionable. The court found that while the contract in the application was one of adhesion (a non‐negotiable, take it or leave it contract), that did not make the shorter time period unenforceable. The court rea‐
soned that the application was short, the terms were clear, un‐
complicated and explicit, and the provision was very conspicuous in oversized print. The court also relied on the fact that Rodriguez was under no pressure to complete and sign the application and had ample time to read and review the contract before signing. The court found that the six month limitations period was reason‐
able and did not contravene New Jersey’s public policy. Acknowledging that parties are free to contractually limit a time within which an action may be brought, the court relied upon other federal and state courts across the country that have approved contracts shortening limitations periods. The court also explained that the shorter limitations period is valid as it relates to a LAD claim, since LAD does not first require the filing of an administrative claim, unlike related federal anti‐discrimination statutes. Lastly, the court held that the second employment applica‐
tion completed by Rodriguez did not constitute a novation, ren‐
dering applicable provisions of the initial application null and void. The court stated that the second application was simply a means to gather additional information about Rodriguez relative to his new position. Upshot for Employers The court’s ruling provides authority for employers to revise their employment applications and contracts to include shorter limitations periods for bringing employment related claims. Any contract clause shortening the statute of limitations should be short, clear, prominent and reasonable. It is advisable that such application contain an instruction for the applicant to read it very carefully and that the applicant be provided sufficient time to review and complete the application. Although a shortened limi‐
tation period may not bar a federal discrimination claim, Rodri‐
guez makes clear that such limitations are applicable to LAD claims, and most plaintiffs suing their employers prefer to bring claims under LAD because of its broader remedies. Employers interested in having their job applications and contracts revised to include a provision shortening any statute of limitations should first contact their attorneys. Lawrence C. Weiner, Esq. is a Shareholder in the Commercial Litigation Dept. of the law firm of Wilentz, Goldman & Spitzer, P.A. He is experienced in a wide array of commercial and corporate litigation matters, including real estate bro‐
kerage disputes, complex breach of contract claims, shareholder/partnership disputes, warehouseman’s lien rights, fraud claims, securities matters, condo‐
minium law, creditors’ rights and other complex business disputes. He can be reached at 732.855.6026 or [email protected]. OFFICE SPACE AVAILABLE
2 offices available with secretary space,
conference room, client waiting area,
basement storage in a Professional
Building Complex in East Brunswick
$550.00 a month
Please call (732) 254-1221
The Middlesex Advocate — February 2015 — Page 3
“SKIN IN THE GAME” A Child’s Contribution to College Expenses By Bruce E. Chase, Esq. As the cost of both a public and private college education continues to grow, the manner in which a family will fund that education is a difficult prob‐
lem confronting divorced, divorcing and intact families alike. The same problem faces parents whose children will attend specialized post‐high school training rather than college. How much must a parent pay to fund a child’s post‐high school education/training? Will the child be expected to contribute to those costs and if so, how much will that contribution be? In 1982, the Supreme Court of New Jersey in Newburgh v. Arrigo1, identified twelve separate and distinct factors a court is required to consider in determining whether divorced or divorcing parents will be held responsible for the cost of their child’s post‐high school education and if so, in what amount. The economic realities of the high cost of education and the burden on parents of funding that cost led the Appellate Division to hold that “regardless of what school a student personally wishes to attend, no parent should be expected to contribute more than he or she can reasonably afford.”2 The issues parents and courts must consider include, (A) whether the child who is about to embark upon a post‐high school education is sufficiently mature to take advantage of the opportunity; (B) whether the child is sufficiently moti‐
vated, directed, qualified, and capable of successfully com‐
pleting the program or achieving the degree; (C) how much, if any, of the total cost the child should be expected to contrib‐
ute toward his or her new expenses; (D) whether there are other children for whom either parent has a legal obligation to contribute towards post‐high school education and train‐
ing; (E) the financial resources of the child; (F) the ability of the child to earn income during the school year or during school recesses; and (G) the myriad other factors common to all families and all children and those specific to a particular family and child. These considerations should be carefully evaluated in every case as they would be by an “intact” fam‐
ily. Over the past few years, the high cost of a post‐high school education or training program and the ability of a fam‐
ily to fund its costs have given rise to discussions between lawyers and litigants about having a child’s “skin in the game.” In simple terms, the “skin in the game” analysis fo‐
cuses upon to what extent, if any, should the burden of fund‐
ing the post‐high school educational expenses be imposed upon the child; what will the child’s financial obligation be to contribute to his or her post‐high school program. By way of examples: Will the parents alone be responsible for paying the so‐called “parent contribution” to college expenses as that term is used in the FAFSA college loan program? Will the child be solely responsible for paying his/her student loans or will parents contribute to or pay those loans? How much of the child’s “personal expenses” will the child be expected to fund himself/herself? Will the child be expected to partici‐
pate in a “work‐study” program? To get a part‐time job? To work during school recesses and/or during summer recess? Parents of intact marriages have unlimited discretion in resolving these and other sensitive issues that are unique to each child and each family. Do divorced or divorcing parents have similar discretion? Simply stated, the answer is a defini‐
tive no. Divorced and divorcing parents are subject to the Court’s jurisdiction and discretion in allocating responsibility for post‐high school education and training expenses, includ‐
ing the selection of institution and program. In fact, a child of divorced or divorcing parents who believes his or her parents have acted unfairly with respect to their responsibility to con‐
tribute toward college expenses or as to what they expect of their child as his or her contribution may independently seek relief from the court.3 Until the courts publish a decision on these and similar issues, fairness, reasonableness and common sense should be the standards when confronting the scope of a child’s “skin in the game” on college expenses. Framing that standard more specifically, the parties and their attorneys must examine whether, in light of the parties’ and the child’s financial re‐
sources, the child’s motivation, direction, chosen school and program, aptitude, maturity, whether either parent has other children for whom there is or may be a responsibility to con‐
tribute towards college expenses as well as many other ap‐
propriate factors, the portion of the post‐high school educa‐
tion expenses allocated to the child is fair and reasonable. Family law practitioners, divorced and divorcing parents confronted with these issues must carefully focus upon all of the relevant facts and circumstances and fashion a fair and equitable allocation of the post‐high school education ex‐
penses. In settlement agreements, the author must clearly set forth in detail the reasons for the parties’ negotiated allo‐
cation of responsibility for payment of these expenses amongst themselves and their child. As it is the public policy of the State of New Jersey to encourage and enforce settle‐
ment agreements freely entered into, agreements containing fair and reasonable “skin in the game” provisions regarding the payment of college expenses that include a statement of all factors the parties considered, are likely to be approved and enforced by the Courts of our State.4 1 Newburgh v. Arrigo, 88 N.J. 529, 545 (1982). Finger v. Zenn, 335 N.J. Super. 438 (App. Div. 2000). 3
Martinetti v. Hickman, 261 N.J. Super. 508 (App. Div. 1993). 4
Ziegelheim v. Apollo, 128 N.J. 250 (1992); Nolan v. Lee Ho, 120 N.J. 465 (1990); Judson v. Peoples Bank & Trust Co., 25 N.J. 17 (1957). Bruce Chase is a Divorce and Family Attorney in Hackensack and a member of the American, New Jersey State and Bergen County Bar Associations. 2
The Middlesex Advocate — February 2015 — Page 4
Rutgers Mock Trial A‐Team Wins Stanford University Invitational Stanford, CA– From January Park’s home and inten‐
23‐25, 2015, the Rutgers tionally shot Sydney. The University Mock Trial As‐
student‐attorneys present sociation’s (“RUMTA”) A‐
arguments for and against Team competed at Stan‐
holding the Duran parents ford University. It was the responsible for their child’s actions. first time this year that the The Rutgers B‐Team team competed on the also tried the same case west coast. The Stanford and competed over the University Mock Trial Invi‐
weekend at the fourth tational (“SUMTI”) hosts annual Hilltop Invitational schools from all over the at Georgetown University. country. RUMTA coach, The tournament hosted 23 Jessica Ma, accompanied teams including Yale Uni‐
the seven member team. Ma, a Middlesex County versity, George Washing‐
Assistant Prosecutor and ton University, and Colum‐
RUMTA A‐Team members (l to r): Thomas Twitchell ('16), Michael Guggenheim ('16), former RUMTA member, bia University. Out of a Esther Kang ('16), Jess Ma (Assistant Coach), Shaleen Patel ('15), Max Natanagara ('18), Ashley Daniel ('15) and Brandon Ferrick ('15). guided the team through a maximum of 8 ballots, Rutgers B won 3 against field of 20 teams that in‐
Loyola University Chicago and Howard University. Addition‐
cluded Stanford University, Macalaster College, and Pomona ally, junior B‐ Team member, Madhuri Swarna, won a top at‐
College. After four rounds of competition, Rutgers A‐Team torney award as well as the maximum possible rankings on was undefeated, having beaten last year’s SUMTI winner the judges’ ballots. Pomona College, as well as Loras College and Cornell College. As the only undefeated team in the tournament, Rutgers won “I am so proud of the B‐Team for putting up a good fight first place. against schools with very competitive programs. This was a Three team members earned four individual awards. The great learning experience for all of us, and we now know ex‐
judges for each round rank the top student‐attorney and stu‐
actly what we have to do moving forward to place at Region‐
dent‐witness competitors. The most highly ranked students als,” Swarna commented after receiving her award. receive awards. Senior Brandon Ferrick won a top witness These were the final invitational tournaments for the A award. RUMTA President, junior Esther Kang, won a top at‐
and B teams. Their next competitions will be in the regional torney award. And Team Captain, senior Shaleen Patel, won round of the national intercollegiate competition. In 2012, both a top attorney award and a top witness award. Patel Rutgers A‐Team finished number 2 in the nation out of 650 said that, “This was the team’s best performance yet. We’ve teams and the goal this year is to capture the top spot. The been working hard and training since September with the national tournament will take place over the next three help of our incredible months culminating in the coaches. We look forward National Championship to bringing home more Tournament which con‐
trophies at the Regional sists of the top 48 teams tournament in a few in the country battling it weeks.” out to be number one. This year’s college MCBA members Craig mock trial case is Andy Aronow of Rebenack, and Lee Park v. Hayden Aronow & Mascolo, Michael Duran, a civil case cen‐
Roberts of Roberts & Teeter, tered on the death of Syd‐
Kimberly Yonta of Yonta Law, ney Park, an eleven‐year‐
Jessica Ma of the Middlesex old who was shot by a County Prosecutor’s Office friend, Jesse Duran. In the and Cory Rothbort of Seller suit, Park’s parents allege RUMTA B‐Team members, top row (l to r): Bridget Baokye ('17), Gia Farooqi ('17), Richardson coach RUMTA. that Duran gained access Madhuri Swarna ('16), Naaz Modan ('18), Jean Gabat ('17); bottom row: Ashalesh Tilawat ('18), Charles Nary ('16), Zack Ness ('16) and Dhruv Patel ('15). to the Park’s gun in the The Middlesex Advocate — February 2015 — Page 5
CONGRATULATIONS TO . . .
Hon. Glenn Berman, J.S.C. (Ret.) –
2015 Arthur H. Miller Lawyer Achievement Award
Robert E. Goldstein, Esq. –
2015 Edward Schoifet Family Law Award
Angela Pastor, Esq. –
2015 Martin S. Goldin Family Law Award
With great admiration and respect from your friends
at
Practice Limited to Divorce & Family Law

146 Green Street
Woodbridge, New Jersey 07095
120 Maple Avenue
Red Bank, New Jersey 07701
(732) 750-9797 ▪ www.paonezaleski.com
The Board of Trustees of the
Middlesex County Bar Association cordially invite you
to attend a special dinner honoring the retirement
of Middlesex County Superior Court Judge
Date:
February 18, 2015
Time:
6:00 p.m.
Honorable Bradley J. Ferencz
on Wednesday, February 18, 2015
at Seabra’s Armory, 200 Front Street, Perth Amboy
Guest Speakers
Place:
200 Front Street
Perth Amboy, New Jersey
Event Schedule
Hon. Barry T. Albin
6:00 pm
Cocktail Reception
Open Bar*
Passed Hors d’oeuvres
Hon. Esther Salas
7:00pm
Open Bar*
Portuguese Dinner Buffet
Retirement Program
Dessert
Master of Ceremonies
Hon. Dennis V. Nieves, JSC
Middlesex County Superior Court
* (Beer, Wine, Sangria
& Soft Drinks)
Cost:
$75 per person (in advance)
$85 per person (at the door)
To RSVP online go to:
www.mcbalaw.com
For more information call:
732-828-3433, x.102
The evening will be a tribute to Judge Ferencz honoring his distinguished career while serving on
the Middlesex County Bench, as Deputy Public Defender, and as a Past President of the
Bar Association and Co-Founder of the Bar Foundation, over the past four decades.
The evening will commence with a cocktail reception at 6:00 p.m. and the dinner and retirement program will
begin at 7:00 p.m. The cost to attend is $75 per person in advance and $85 at the door.
Judicial Retirement Event - February 18, 2015
Name(s):
Telephone #:
Email:
Credit Card Account #:
Exp. Date:
Hon. Travis L. Francis, AJSC
Method of Payment
Check Enclosed
AMEX
MasterCard
Visa
Sec. Code:
Name on Card:
Billing Address:
Payment Amount: $
Signature (for Credit Card Payment Only):
Cost to attend is $75 per person in advance and $85 at the door. Deadline for advance reservations – Monday, February 16th. Make checks payable
to "MCBA" and mail registration form to: Middlesex County Bar Association; 87 Bayard Street, New Brunswick, NJ 08901. To reserve by fax send form to
(732) 828-5862.
(President’s Message, continued from page 1) unnecessary details. His Settlement Agreements were legend – perhaps two or three pages, while the rest of us consumed fifteen or twenty. Ed was another older and far more knowl‐
edgeable and experienced attorney who could have run circles around me. Instead, he accepted me as an equal, and treated me with nothing but respect and courtesy. His generosity was legendary; you couldn’t pick up a lunch check even if you tried. Ed’s been gone for eight years now. His long‐time secretary Gail Catapano, and my law partner Jean Ramatowski, are the last connections to the Schoifet & Ramatowski firm, and their stories about Ed still make me laugh. He was unique. The DeSarno family As many of you may know, Bar Association member and our colleague Paul DeSarno lost his family home in Sayreville in a devastating fire over the recent Christmas holiday. Several of Paul’s family members suffered serious injuries, requiring treatment at St. Barnabas Hospital Burn Center. If you would like to offer financial assistance to the family, the Holy Trinity Episcopal Church in South River is accepting donations on their behalf. (Checks should be made out to Holy Trinity with the DeSarno Family in the memo. For more information, contact the church at 732‐254‐1734 or [email protected].) In addition, there are two funds that have been estab‐
lished on line at www.gofundme.com. Both of them are legiti‐
mate; if you go to the site and type in “DeSarno family” on the “Search” line, your donation will be directed to the two funds. In the interim, as the family continues to heal and attempts to recover from this life‐changing event, please keep them in your thoughts and prayers. C. “American Sniper” While I don’t normally offer movie reviews as a part of the President’s column, and I don’t, in any way, want to trivialize this platform, I wanted to take a moment and encourage you to see the new movie “American Sniper”, starring Bradley Coo‐
per and Sienna Miller. Whatever your political philosophy may be, and whatever your thoughts may be about the wars in Iraq and Afghanistan, this movie is exceptional. It strips away any glamour that may exist in people’s minds, as far as being de‐
ployed on active duty in a war zone, and shows up close what our military personnel endure in the service of our country. It provides some insight into why a self‐described cowboy from Texas, at age 30, would volunteer to become a Navy SEAL, and the toll that his decision took on his wife, children, and family. Chris Kyle was the most successful solider in American military history as far as his assigned job, with more than 160 credited kills. Even after his return from Iraq, his battle was not over, as it is not over for so many of our returning veter‐
ans. And it was in the service of his fellow soldiers that he made the ultimate sacrifice, even after arriving home safely from four tours of duty. An extraordinary life, and well worth recognizing. Unsolicited Advice for Law & Life
submitted by the Hon. John A. Jorgensen, II, JSC Be a student of the law. Your law school days are over
(thankfully, I’m sure you agree). However, that does not mean
that you should ever stop your legal education. The law is not
a static field – it is always evolving and changing. The only
way to keep up with the nuances presented by the law is to
make sure that you continue your legal studies. Avail yourself
of the wide variety of publications and courses that are offered
to constantly hone your legal skills. Attack your continuing
legal education in much the same fashion as you prepared for
your bar exam…map out a strategy of study, and stick to it. By
becoming a student of the law you will outshine your peers
who are resting on their laurels and fail to realize the necessity
for further legal study. Developing a passion for the frequent
study of your legal fields will undoubtedly pay dividends to
you far into the future.
Cultivate gratitude. A large metropolitan business routinely
hired recently graduated college business majors. One year
they hired only two people. One was a graduate from a very
prestigious university. His tuition had been paid in full by his
parents. The other new hire was a local state college graduate
who paid his own tuition through student loans and holding
down two jobs. They both were placed into the same department, and each was given the same number of accounts. Their
job was to service the accounts and try to gradually increase
the business. At the end of the first week the prestigious university graduate exclaimed for all to hear “thank God it’s Friday!” The following Monday the local college graduate was
the first person to arrive at the office. Sitting down at his desk
he exclaimed “thank God it’s Monday!” The week beginning
and week ending exclamations soon became a ritual for these
two new employees. When the first year was up both were
brought into a meeting with the supervising manager. Her first
question to each was why did the one say “thank God it’s Friday” while the other said “thank god it’s Monday”? Their responses were telling. “I’m thankful it’s Friday because I think
I work hard trying to service the customers during the week,
and I look forward to kicking back and relaxing with my
friends on the weekend.” Thanking him for his honesty, the
manager told him he had increased his accounts by 5% during
the year, and he received a bonus commensurate with that increase. “I’m thankful it’s Monday because I have a job and an
opportunity to help people. In fact, I even let my customers
know that. I always send them a thank you card at the end of
every transaction.” The manager smiled broadly. Saying “that
must have played a large part,” she congratulated him on his
40% increase in his accounts, and awarded him a commensurate bonus! It is so clear that expressions of gratitude – simply
saying “thank you” – are so important in everybody’s daily
life. Think how much better you feel when somebody tells you
that you’ve done a good job. Unfortunately, today’s world is
lacking in that common civility. Don’t ever forget to express
your gratitude.
The Middlesex Advocate — February 2015 — Page 8
Scenes from the
Annual Family Law Awards Dinner
January 21st @ The Pines Manor, Edison
The Middlesex Advocate — February 2015 — Page 9
GENERAL MEMBERSHIP DINNER MEETING
WEDNESDAY, MARCH 18, 2015
10TH ANNUAL
PRACTICE AREA AWARDS
Date:
March 18, 2015
The Pines Manor, Edison
The Middlesex County Bar Association Board of Trustees cordially invite you to attend a special dinner
honoring the following bar members for their significant contributions to the legal profession:
Criminal Trial Practice Award
Sheree Pitchford, Esq.
Program:
4:30pm: Pre-Dinner CLE Seminar
Municipal Court Practice Award
Jay Ziznewski, Esq.
Wilentz Goldman & Spitzer, PA
Middlesex County Prosecutor’s Office
6:15pm: Cocktail Hour
Hors d’oeuvres & Cash Bar
Young Lawyers Award
Michael B. Roberts, Esq.
Civil Trial Practice Award
Peter Chamas, Esq.
Roberts & Teeter
7:30pm: Awards Dinner
Pro Bono Award
Civil Trial Practice Award
Criminal Trial Practice Award
Municipal Court Practice Award
Transactional Attorney Award
Robert J. Cirafesi
Chancery Practice Award
Young Lawyer Award
MCBA Member Cost:
$35: CLE Seminar Only
$65: Dinner Only
$75: CLE Seminar & Dinner
Transactional
Attorney Award
Joanne Vos., Esq.
Maraziti & Falcon, LLPs
Gill & Chamas
Pro Bono Award
Jeffrey C. Green, Esq.
Green & Green
Robert Cirafesi
Chancery Practice Award
Tara Auciello, Esq.
New Brunswick
Pre-Dinner Seminar @ 4:30 p.m.
Surviving the OAE Random Audit
Speaker: Mary Waldman, Assistant Chief, OAE Random Audit Program
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE
credit. Of these, 2.0 qualify as hours of credit for ethics/professionalism.
Event Sponsor
Non-Member Cost:
$60: CLE Seminar Only
$75: Dinner Only
$100: Dinner & CLE Seminar
General Membership Dinner Meeting - March 18, 2015
CLE Seminar Only
Name(s):
Method of Payment
Visa
Amex
Email:
Exp. Date:
CC#:
Amount Authorized: $
Dinner & CLE Seminar
Check Enclosed
MasterCard
Address:
Telephone #:
Dinner Only
Sec Code:
Name on Card:
Signature (for Credit Card Payment Only):
Cost to attend: See pricing above, $5 extra at the door and for payment made after the event. Make checks payable to "MCBA" and mail registration form to:
Middlesex County Bar Association; 87 Bayard Street, New Brunswick, NJ 08901. Deadline for advance reservations – Monday, March 16th. To reserve
by phone call (732) 828-3433, ext. 102, to reserve by fax send to (732) 828-5862 or to reserve by e-mail send to [email protected].
On my mind . . . by Linda Lashbrook Is the world falling apart, or what? The month of January, 2015 has seen such disturbance, both in general and at our house, that a seri‐
ous sense of dislocation has come over me. Just think about it. As I write, on January 24, here are some of the things that have happened in the last week: 
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King Abdullah of Saudi Arabia died The government of Yemen fell New York’s Assembly Speaker was arrested Mitt Romney let it be known he is willing to run again for President So did Rick Perry A Republican‐majority Congress was sworn in, but The President reminded the nation of what has been achieved on his watch, and spoke firmly of his plans to do more, whether by executive action or by veto The Supreme Court, under pressure from feuding states, finally agreed to decide whether gay couples have a Consti‐
tutional right to marry Scientists disclosed that 2014 was the warmest year on record Another team of scientists has concluded that ocean life faces mass extinction The boko haram gang of Nigerian barbarians followed up their mass kidnappings and widespread massacres by burn‐
ing down an entire town in northern Nigeria, while the Nigerian government continued to do nothing The NSA confirmed that the massive hack of Sony was in‐
deed carried out by the North Koreans The Pope inserted his blessed foot firmly in his mouth dur‐
ing his world tour to the Philippines (or, as the Times’ Elisa‐
betta Povoledo put it, he “set a new standard for the papal vernacular”). Although there will be no change in the Church’s stance on birth control, he counseled the faithful not to breed “like rabbits.” Clueless? A Times exposé revealed a regime of unimaginable cruelty to animals – in the United States ‐‐ in the guise of food re‐
search In the last two weeks: 
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A French satire magazine that published cartoons depicting Mohammed was attacked, and 12 people killed by jihadists A kosher market in Paris was also shot up, several dead, by still another jihadist Huge demonstrations were staged all over Europe (and some in the U.S.) in sympathy for the victims and in sup‐
port of freedom of expression; “je suis Charlie” Anti‐Semitic and anti‐Muslim demonstrations are popping up all over Europe and spurring new levels of security to be imposed The President announced an agreement with Cuba to re‐
sume a more normal relationship 
A measles outbreak in California showed how the anti‐
vaccination crowd is putting everyone at risk And to top it all off (for me, anyway), as the result of pressure by the Hershey company, British chocolate made by Cadbury’s will no longer be exported to the U.S. I am devastated. Cadbury’s is ex‐
ponentially better than anything Hershey makes, including the American “Cadbury” products it makes here under license, using formulas of its own. I’m going to have to boycott Hershey’s until the situation changes. It won’t be easy, as I do love Heath Bars, but principle will have to prevail. The disturbance in my own home (and the reason this article is so brief and schematic) revolves around a “perfect storm” of illness and injury to my spouse. A bout of pneumonia (undiagnosed by several doctors for weeks) led to a spinal compression fracture (requiring him to use a walker to get around temporarily).We are both discovering hidden reserves of patience, resourcefulness and adaptability. We can’t do much about the turmoil in the outer world, but I hope your personal world will see a calm and happy February. You won’t want to miss the retirement dinner for Judge Ferencz on the 18th! (The views expressed in this column are those of the author and do not necessarily represent the views of the Association’s Board of Trustees.) SHARED OFFICE SPACE
IN METUCHEN OFFICE COMPLEX
Small law firm is looking to share office space.
Office complex is located off Route 27 and close
to all major highways and two train stations. Extra
furnished office for rent, plus additional cubicles
are available. Plenty of parking.
Firm has large Chinese clientele and is looking to
share space with attorneys who practice civil
litigation, real estate, family law, estate planning,
etc., for possible referral work.
Please reply to [email protected]
or call 732.213.9003 | 732.906.0818
The Middlesex Advocate — February 2015 — Page 12
2015 Help the Homeless Update Newsletter Distribution Change Through the combined efforts of both the Middlesex County Bar Foundation and the Middlesex County Bar Association, $750 was collected in 2014 for the Help‐the‐Homeless Fund. The monies were distributed among the following organizations just before the end of the year: Amandala Crossing As has been previously reported, primary distribution of The Middlesex Advocate is by e‐mail. If you wish to receive a hard copy via the U.S. Postal Service, you need only request it from the Bar office, and your copy will be mailed, no questions asked. You need not even demonstrate “good cause”! But the burden is on you to make that request. The reasons for the decision are: Catholic Charities Jewish Family & Vocational Services MANAVI New Jersey Veterans Memorial Home Puerto Rican Action Board The Salvation Army (New Brunswick) The Salvation Army (Perth Amboy) Women Aware, Inc. Women Helping Women On behalf of the Bar Foundation and Bar Association, I thank all who made the effort to contribute to this drive. William G. Brigiani Middlesex County Bar Foundation (1) the costs of printing and mailing the Advocate have be‐
come quite high – going electronic will help us keep your dues as low as possible; (2) the Advocate has been delivered electronically for the past several years with few problems; (3) we realize that many of you dispose of the Advocate after reading it – with electronic distribution, we won’t be contributing to the overflow of our landfills; (4) the electronic format allows us to make the Advocate as long (or as short) as it needs to be – no longer will we need to delay a timely article due to space restrictions. To request a mailed copy of the Advocate simply contact the Bar Office via email at [email protected] or call 732.828.3433, x. 102. We encourage you to submit articles and announcements to the Advocate, sharing your insights with your colleagues. We thank you for your ongoing support. William P. Isele, Editor Marshall A. Morris CPA, ABV, CFF, CFE
Divorce Accounting & Business Valuation Services
Divorce Accounting Services
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Alimony & child support analysis
Business and professional service firm valuations
Earnings and cash flow analysis
Economic mediation & settlement negotiations
Investigative accounting and asset tracing
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Marital net worth analysis
Tax planning for divorce
Trial & deposition expert witness testimony
Litigation, Arbitration, Mediation & Collaborative Process
18 Throckmorton Lane, Suite 209
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Blog:marshallmorrisforensicaccountingnewjersey.com
Website: www.marshallmorriscpa.com
The Middlesex Advocate — February 2015 — Page 13
Fair Debt Collection Practice Act Violated in Foreclosure Proceeding by Claim of Plaintiff’s Attorneys for Unearned Fees by Justin Gillman, Esq. Under the provisions of the Fair Debt Collection Practices Act, 15 USC §1692 et seq. (“FDCPA”), attorneys who represent banks and other entities and are engaged in the collection of delinquent mortgage payment and foreclosure proceedings against homeowners are ‘debt collectors.’ The FDCPA sets forth a comprehensive regulation that governs the conduct of debt collectors and imposes strict liabil‐
ity on those who violate it; because it is remedial legislation, its pro‐
visions are liberally construed. The Third Circuit Court of Appeals has affirmed that “(t)he FDCPA is a remedial statute and as such courts should construe its language broadly in order to effectuate the purpose of the Act.” Brown v. Card Serv. Ctr., 464 F.3d 450, 453 (3d Cir. 2006). “The FDCPA is a strict liability statute to the extent that it imposes liability without proof of an intentional violation.” Allen ex. rel, Martin v. LaSalle Bank, N.A., 629 F.3d 364, 368 (3d Cir. 2011). One of the FDCPA’s numerous provisions is that a debt col‐
lector who fails to accurately state the amount due on a debt in a communication to a debtor is in violation of the Act. In the matter of McLaughlin v. Phelan Hallinan & Schmieg, LLP, 756 F.3d 240, (2014), the Third Circuit Court of Appeals reversed the decision of the United States District Court which had granted sum‐
mary judgment to the defendants ,and remanded the case to the District Court for trial. The matter arose as a result of an error by the mortgagee which believed that McLaughlin was in default on his mortgage payment and “ ….. referred the matter to the law firm Phelan Hallinan & Shmieg, LLP, whose lawyers include Lawrence T. Phelan, Francis S. Hallinan, Daniel G. Shmieg, and Rosemarie Dia‐
mond (collectively “PHS”). PHS sent McLaughlin a letter about the debt” McLaughlin at 243. The plaintiff claimed that that the letter violated the FDCPA because it “included two line items relevant here: $650 in ‘Attorney’s Fees’ and $550 for ‘Costs of Suit and Title Search'” and that “these fees and costs had not actually been incurred as of the date the letter was sent.” McLaughlin at 243. The District Court determined that the defendant’s records showed that it had “incurred only $440 in total costs and $625 in fees, and not the $550 and $650, respectively, set forth in the Let‐
Notice to the Bar The New Jersey Attorney Online Registration and Pay‐
ment Center will be available as of February 2, 2015. At‐
torneys licensed to practice in New Jersey who wish to register electronically are required to complete a security enhancement before registration. To review the January 2nd Notice to the Bar requiring the enhanced security feature go to the following page on the Judiciary’s website: http://www.judiciary.state.nj.us/
notices/2015/150105a.pdf. ter.” McLaughlin at 244. The Third Circuit held that the attorneys’ failure to accurately set forth the amount due for legal fees and costs constituted a mis‐
representation actionable under 15 U.S.C.S. §§ 1692e(2) and (10). These provisions of the FDCPA prohibit the false representa‐
tion of either the character, amount, or legal status of any debt or any services rendered or compensation which may lawfully be re‐
ceived by any debt collector for the collection of a debt. It bears emphasis that the Court held that the FDCPA had been violated despite the minor difference between the actual amount of attorneys’ fees and costs incurred and the amount of the fees and costs communicated in the PHS Letter. Attorneys who represent homeowners who have become delin‐
quent on their mortgage payments and are attempting to prevent foreclosure must exercise due diligence when examining communi‐
cations from “debt collector” attorneys which contain inter alia statements about contractually due attorney’s fees and costs. Justin M. Gillman, Esq. has practiced in the area of consumer and small business bankruptcy law, foreclosure prevention and related matters since 1997. He is admitted to the NJ and NY Bars and serves as a member of the NJSBA Bankruptcy Law Section and the National Association of Consumer Bankruptcy Attorneys (NACBA). He has appeared on New Jersey Channel 12 News on the subject of consumer mortgage foreclosure and bankruptcy‐
related issues in residential home development. Calling All Singers! Karaoke Contest III/Beefsteak Dinner on April 22nd We are looking to repeat the successes of the first two Karaoke Nights (and who can forget Lady GaGa in 2011)! This year’s event will be held on Wednesday, April 22nd at the New Jersey Law Center in New Brunswick (along with our annual Beefsteak Dinner). This is a must‐see event! Prior contest competitors have included: The Barracudas (Jean Ramatowski, Cheryl Spilka, Ellen Schwartz and Stacey Rodkin), Rob Beckelman, Darrin Behr, Larry Chirch, Eileen Foley, Charly Gayden, Jack Gillick, Martin Indik, Bill Isele, Brenda Vallecilla and others. And before the contest, there will be an open bar (beer & wine) cocktail hour with passed hors d’oeuvres followed by Nightingale’s famous traditional beefsteak dinner ‐ sliced filet mignon, french fries, salad, dessert, coffee and tea. (If you are a vegetarian, let us know and we will accommodate you.) We anticipate a lot of interest but only have a limited number of spots available. If you would like to sing as a solo or in a group, please let us know at your earliest con‐
venience. To sign up for the contest, send an email to [email protected] or call 732.828.3433, x. 102. The Middlesex Advocate — February 2015 — Page 14
The Middlesex Advocate — February 2015 — Page 15
87 Bayard Street
New Brunswick, NJ 08901