1. business and industrial

The Straight Word
Vol. XLX, No. 4
Burlington County Bar Association
Mark Your
Diary
April
15 BCBA Board of Trustees Meeting – 4:30 p.m.
Bar Headquarters, Mt. Holly
16 How to Get Clients Seminar – 4:30 p.m.
County Office Building, Mt. Holly
21 Hot Trends in Probate – 4:30 p.m.
County Office Building, Mt. Holly
22 Haines Award Reception – 6 p.m.
Medford Village Country Club, Medford
23 Municipal Court Seminar – 4:30 p.m.
County Office Building, Mt. Holly
29 Spring Social – 6 p.m.
The Westin, Mt. Laurel
30 Criminal Practice Seminar – 4:30 p.m.
County Office Building, Mt. Holly
April 2015
Run for the Bar 5K
Join the Burlington County Bar Foundation as we “RUN FOR
THE BAR” on May 2, 2015 in Kings Grant in Marlton, NJ. The
race begins at 8:30 a.m. and will take runners on an easy flat loop
around Kings Grant, and walkers on a scenic 1 mile walk around
the lake. Walkers will also again have the option to walk the full 5K
course this year! Parking is available at the Kings Grant Community
Center, located at 50 Landings Drive in Marlton. The race will begin
and end just a few steps from the parking area.
Prizes will be awarded to the top male and female overall
finishers and to the top three male and female finishers
in their age bracket. Amenities include t-shirts, awards
ceremony and refreshments.
Registration information is included in this issue of The Straight
Word or register online at https://runsignup.com/Race/NJ/
Marlton/RunforTheBar5k. Sponsorship opportunities are also
available and information for sponsorship opportunities is
included in this issue. If you have a local business you frequent
consider asking them to sponsor the 5K for the Foundation.
All proceeds benefit the Burlington County Bar Foundation’s
Raising the Bar Campaign. Call (609) 261-4542 with questions.
See you there!
May
2
Run for the Bar – 8:30 a.m.
Kings Grant, Marlton
5
Law Day Proclamation – 9 a.m.
Old Courthouse, Mt. Holly
Law Day Dinner – 6 p.m.
Indian Spring Country Club, Marlton
7
Mental Wellness Seminar – 2 p.m.
Doubletree Suites, Mt. Laurel
12 Federal Practice Seminar – 4:30 p.m.
County Office Building, Mt. Holly
20 Workers’ Compensation Seminar – 4:30 p.m.
County Office Building, Mt. Holly
BCBA Board of Trustees Meeting – 4:30 p.m.
Bar Headquarters, Mt. Holly
27 Commercial Law Seminar – 4:30 p.m.
County Office Building, Mt. Holly
28 Summer Hazards Seminar – 4:30 p.m.
County Office Building, Mt. Holly
April 2015 Installation Dinner Dance
Join us for a fun, casual celebration
The annual Installation of Officers dinner will take place on Friday, June 5,
2015 at Valenzano Winery, 1090 US 206, in Shamong. Guests will enjoy hot
and cold hors d’oeuvres, wine tastings, and dinner in the lovely open air
pavilion nestled just next to the vineyards in full bloom. Kevin Walker will
be installed as the 84th president of the Burlington County Bar Association
and Kim Belin will be installed as president of the Burlington County Bar
Foundation. The dinner will feature a full pig roast with vegetarian options
available as well. Join us for this special event—look for the flier in this
month’s issue for more information!
Inside This Issue
President’s Message. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Partner Spotlight. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Wine Pick of the Month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Top Ten Mistakes in Drafting Special Needs Trusts. . . . . . . . . . . . . . . . . 5
Whine of the Month. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Major Changes in NJ DWI Law Advances . . . . . . . . . . . . . . . . . . . . . . . 11
The Straight Word
1
The Straight Word
Bar Briefs
Members in the News
Published Monthly by
The Burlington County Bar Association
137 High Street, 3rd Floor
Mt. Holly, NJ 08060
Email: [email protected]
Website: www.burlcobar.org
New Members
Lisa McLeod, Esq.
LaVan Law
11 East Main Street, 2nd Floor
Moorestown, NJ 08057
(856) 235-4079 Fax: (856) 235-4018
[email protected]
Leighann Reilly, Esq.
Rabkin Law Offices, P.C.
1415 Route 70 East, Suite 202
Cherry Hill, NJ 08034
(856) 216-1500 Fax (856) 216-1554
[email protected]
Stephanie Malone-Zeitz, Esq.
Stern & Eisenberg, P.C.
1040 N. Kings Highway, Suite 407
Cherry Hill, NJ 08034
(609) 397-9200 Fax (856) 667-1456
[email protected]
Amber J. Monroe, Esq.
Gary C. Zeitz, LLC
1105 Laurel Oak Road
Voorhees, NJ 08043
(856) 857-1222 Fax (856) 857-1234
[email protected]
Members
on the Move
David R. Dahan, Esq.
Hyland Levin LLP
6000 Sagemore Drive, Suite 6301
Marlton, NJ 08053
[email protected]
(856) 355-2991 Fax (856) 355-2901
Chiumento McNally, LLC is pleased to
announce that Ashley H. Buono has
been elected a shareholder of the firm.
Ms. Buono focuses her practice in the
areas of Civil, Criminal & Administrative
Litigation;
Construction
Claims;
Professional Liability Claims including
Attorneys, Architects and Engineers;
Commercial Claims; and Personal Injury.
Capehart Scatchard shareholder, Kurt
Kramer, recently spoke at an ASIS
International, South Jersey Chapter 170
event. The meeting was held at the
Valleybrook Country Club in Blackwood,
New Jersey on February 19, 2015.
Mr. Kramer’s presentation, entitled
“Litigation in the Security Industry,”
featured a discussion on important
cases and statutes of interest to security
professionals. Mr. Kramer, a member
of the firm’s Litigation Department,
has been a member of the Greater
Philadelphia and South Jersey Chapters
of ASIS for over 20 years and has been
representing companies in the security
industry for more than 25 years. ASIS
International is the leading organization
for security professionals, with more
than 38,000 members worldwide.
New Jersey Employer Support of the
Guard and Reserve (ESGR), a Department
of Defense office, announced January
7, 2015 that the Gibbsboro law offices
of Beckman Ogozalak Paglione Londar
were honored with an Above and Beyond
Award in recognition of extraordinary
support of their employees who serve in
the New Jersey Guard and Reserve. Also,
BCBA member Anthony H. Ogozalek,
Jr. was honored with a Patriot Award in
recognition of his extraordinary support
of employee, 1Lt. Martin G. Murphy who
is currently deployed with the Army
National Guard Alpha Company 1/114th
Infantry, headquartered in Mount Holly, NJ.
Volunteers Needed
SJLS is looking for an attorney willing to assist a Punjabi speaking client with
a Chapter 7 bankruptcy on a pro bono basis. SJLS will pay for translation/
interpretation services. The client lives in Burlington County. The client does not
own any real estate and has a large amount of medical debt. If you would like to
volunteer, please contact Michelle T. Nuciglio, Esq., Director of Pro Bono Services at
SJLS, at (856) 964-2010ext. 6229 or [email protected]. Thank you.
2
The Straight Word
Phone: (609) 261-4542
Fax: (609) 261-5423
Lawyer Referral Service: (609) 261-4862
OFFICERS
Roger Lai . . . . . . . . . . . . . . . . . . President
Kevin Walker. . . . . . . . . . . . President-Elect
Elizabeth M. Garcia. . . . . . . . Vice President
Douglas L. Heinold. . . . . . . . . . . Treasurer
Jennifer Stonerod . . . . . . . . . . . . Secretary
TRUSTEES
2012-2015: Joan M. Burke
Richard C. Klein
Steven A. Traub
John A. Zohlman, III
2013-2016: Cedric Edwards
Nikitas Moustakas
Richard J. Nocella
Daniel Posternock
2014-2017:
Kim C. Belin
Emmett S. Collazo
Pamela A. Mulligan
Reema Scaramella
YOUNG LAWYER TRUSTEES
2013-2015: 2014-2016: Brett E. J. Gorman
Victoria A. Schall
Immediate Past President:
Katherine D. Hartman
New Jersey State Bar Trustee:
Edward W. Hoffman
Executive Director:
Kara E. Edens
EDITORIAL BOARD
Kara E. Edens . . . . . . . . . . . . . . . . . . Editor,
Print & Circulation Mgr.
All Officers and Trustees of
Burlington County Bar Association
STATEMENT OF POLICY
The existence of your Burlington County
Bar Association is made possible by your
financial support. However, our success
in fostering professional growth and
improving the practice depends on your
participation in meetings, programs,
seminars and the work of committees,
as well as your support of our monthly
publication, The Straight Word, by way of
suggestions and contributions.
Contributions are welcome, subject to the
deadline of the 10th day of each month.
There is only one publication during July
and August. The right to edit and publish
is reserved.
April 2015
President’s Message
By President Roger Lai
“A friend will not always become a
client, but a client should always become
a friend.” I recently read this quote in
an article about legal marketing. In
explaining this quotation, a marketer
told me that clients are seeking a trusted
advisor when they consult with a lawyer.
Clients expect us to be responsive to their
demands. Clients are seeking to have their lawyers advocate,
defend, and counsel them as if we are their friends as opposed
to merely providing a service for hire.
From the standpoint of marketing and retaining clients, this is
certainly good advice. Treating clients like friends is certainly
a good way to keep them. In fact, satisfied clients are likely
the best resource for generating new business. Like with any
business, a satisfied client will always be the best referral source.
Potential clients always want to hear from someone who has
had their problems successfully solved.
As a practical matter, I’ve recently been reaching out to former
clients to touch base and check in. Every week, I’ve tried to send
at least a couple of quick emails and/or place a few telephone
calls. As many of you have likely experienced, while a client’s
case was pending, I was often in contact with them on a daily
or weekly basis. As cases resolve, I’ve always found it strange
that those relationships suddenly end. I have to admit that for
the most part, these inquiries have been well received. While
I can’t say that any of this has led to new business, it has been
refreshing to renew old acquaintances. Certainly, keeping in
touch with friends and clients certainly doesn’t hurt.
As a caveat to all of this, I was surprised by a few responses
from certain clients. There have been one or two who have
not returned calls or emails. This was despite the fact that for
certain periods of time we were communicating on a daily
basis about things well beyond the nature of the litigation I
was handling. I knew how old their kids were and where they
spent Thanksgiving. The only thing I could conclude was that
for some clients, they’d rather forget that they were involved in
litigation. Certainly, being a party to a lawsuit can be a stressful
and disturbing occurrence. Regardless, I wish nothing but the
best for all of these former clients. Hopefully, every client walks
away knowing that no matter the outcome, they received
nothing but the best effort and honest advice from all of us.
Committee Corner: Commercial Law Subcommittee
Judge Baldwin Speaks on the “Complex Business Litigation Program”
The Honorable Mark Baldwin met with
Burlington County Bar Association
members for a luncheon presentation
on the newly implemented Complex
Business Litigation Program.
The program was initiated and became
effective on January 1, 2015 for the
purpose of setting aside a separate
program for complex commercial and
business cases. Part of the program
includes the designation of “Complex
Business Litigation Judges” in each
vicinage. Judge Baldwin is the designated
Program Judge for Burlington County.
Judge Baldwin was fresh from a
AOC three-day program on the
implementation of the Complex
Business Litigation Program. While he
advised those in attendance that the
program, as it will be implemented in
Burlington County, will be handled
largely similar to Complex Track 3 and
Track 4 cases, counsel were reminded to
make sure that, when preparing the Case
Information Statements, they check off
code items 508 or 513. These codes will
then lead Case Management to assign the
cases to the Complex Business Litigation
April 2015 Program and to Judge Baldwin. Failure
to check off either of those case codes
will result in the case being scheduled as
a standard track case and assigned to a
Judge under the standard procedures. In
that event, a motion will have to be made
to Judge Baldwin to seek to have the
case reassigned to the Complex Business
Litigation Program, if it qualifies.
Nina Thomas, Civil Case Manager
for the Superior Court, Law Division,
Burlington County, who was also in
attendance at the luncheon, reminded
counsel that if temporary restraints or
other summary proceedings are being
requested in conjunction with the filing
of a case under the Complex Business
Litigation Program, counsel must again
designate the case under the code 508 or
513 as opposed to designating it under
the “summary” matter code.
Judge Baldwin emphasized that as
soon as reasonable after the filing of
the answer or answers, on a designated
Complex Business Litigation Program
Case, he will attempt to hold an in
person conference with all counsel
to map out the appropriate discovery
The Straight Word
and other management issues. He
emphasized that under this Program,
each case would be separately managed
based upon its own particular facts and
issues. Cases assigned to the Complex
Business Litigation Program would not
be placed into the Court Mediation or
Arbitration Programs, although the
parties through the individualized
case management would have every
opportunity to include involvement of
mediation or other ADR proceedings.
Finally, Judge Baldwin reminded all
present that he did not view the Program
as creating an entirely new process.
These cases will be handled under
individualized management and most
of the standard practices in Burlington
County, including liberal opportunities
to request management conferences on
the overall case or individualized issues,
will remain available. The emphasis will
be to develop and maintain efficiencies
in the handling of designated complex
business and commercial cases.
Under the terms of the Program, to
qualify for the Complex Business
(Continued on page 13)
3
Wine
Pick
of the
Month
Partner Spotlight: A Good Up
Front Liability Investigation
By Paul Balkam, Eagle Eye Adjustment Co., LLC
Does your case really need one? Maybe not.
I have been doing liability investigations for
both insurance companies and law firms for
over 30 years. As such, I have insights from this
level of the biz (the “street level”, if you will)
that may be of value to you. Although there
are certainly other good reasons, in order to simplify the point,
I will list three:
1) People are strange
2) Over time, matter deteriorates
3) Murphy’s Law
I, of course, have never tried a case. You, more than likely,
have. However, the overwhelming majority of liability cases
settle, for amounts that allow all sides to walk away “reasonably
unhappy.” In many instances, was your case likely worth more?
Maybe. Could you have no-caused on some that settled? Good
possibility, especially on a potential verbal threshold case. Taking
the uncertainty out of the mix is the main reason that most cases
do settle. Ultimately, if you are able to convince your adversary
(or a jury) that the liability part of your case is rock-solid, this
leaves you (hopefully) to only have to battle over damages.
1) I have seen potential witnesses act in some strange, unanticipated
ways when they are approached to tell their story. What I have
found to be generally true is that when it comes to fatalities or
injuries to children, people truly want to both “help out” and do
the right thing. In all other scenarios, it is certainly a crapshoot at
best. If the potential witness is not by nature utterly altruistic, the
“what’s in it for me” hurdle is a big one. My personal experiences
over these many years has taught me some things that hopefully
you will find to be valuable. People are generally more receptive
if approached closer to the incident than not. Why is that? They
lived a part of it, and it is truly therapeutic and cathartic to tell
their story. As time passes, those same people slide slowly back into
their real life world of their own bangs and bruises and their own
insurance premiums. They ever so surely slip into a “get over it, it
happened two years ago” mentality. Even though, for however long
your client was in real pain, if you ask a witness to give their version
today, often times people who have never been involved in “the
system” may conclude that your client must be “milking” it if the
claim is still going on two years later.
2) Have you ever gotten a new client who didn’t have collision
coverage, and their car is now in a scrap heap? Have you ever had
a trip and fall at a construction site where there is now a shiny
building or fresh sidewalk where there was a gaping hole? Need skid
mark lengths, six months post-accident? A case comes in during
January where an obstructing bush is a potential culprit? Some
things you can’t control. But if you don’t think (at a minimum)
that your adversary’s loss control department hasn’t made certain
recommendations regarding documentation of jobsite progress,
think again. You get the picture (well, if you didn’t, you should!).
(Continued on page 6)
4
By Janice L. Heinold
Last Thursday night, I presented
a food and wine pairing for my
sorority alumni group. The hit of the
evening was probably the Grahams
Late Bottled Vintage port, which I
paired with dark chocolate squares
and bleu cheese. Port is wine that
has been fortified with a spirit often called Brandy, but
not the sort of Brandy one would buy and drink from
the store. The addition of this spirit stops fermentation,
leaving a residual sweetness, as well as raising the
alcoholic content of the wine. Although typically served
with dessert or after-dinner cheese courses in the US and
UK, European countries often drink Port as an aperitif.
Port has a fascinating history. Douro, the region of
Portugal where the grapes are grown, is one of the oldest
recognized and regulated wine-producing regions, having
been formally defined and protected as an appellation
in 1756. The Port grapes (Touriga Nacional, Touriga
Francesa, Tinta Barroca, Tinta Cão, and Tinta Roriz a/k/a
Tempranillo) were historically grown on steep slopes
above the Douro River, and then floated down river to
the city of Porto, to be made into wine, stored and barrelaged in caves, and then exported to the rest of the world.
Recent additions of dams on the Douro River ended the
traditional practice of the
grapes floating down the
river, and they are now
trucked down to the coast.
Historical involvement of
British shippers in the Port
trade is reflected in many of
the familiar names of Port
wines:
Cockburn, Dow,
Graham, Taylor, Warre, etc.
Late
Bottled
Vintage
(LBV) ports are grapes
from a year that was not
considered good enough
to be declared a “Vintage,”
but
nonetheless
are
high quality grapes. The
Grahams’ LBV 2008 ($19
at Wineworks) spent 6 years in barrel, and then was
filtered, so no burdensome decanting necessary as with
vintage Ports, before being bottled in a brown bottle with
a stoppered cap, that can be easily opened and resealed.
Port, unlike other wines, can survive a couple of weeks
after being opened (due to its fortification). So buy a
bottle to enjoy for a couple weeks after dinner!
The Straight Word
April 2015
Top Ten Mistakes in Drafting Special Needs Trusts
By Thomas D. Begley, Jr., CELA
There are a number of mistakes that
scriveners make in drafting special
needs trusts. This article will discuss
those that frequently occur.
1.Including a Payback Provision in a Third-Party
Special Needs Trust. Payback provisions are a creature
of Omnibus Budget Reconciliation Act of 1993 (OBRA93).1 This statute relates solely to first-party special needs
trusts. There is no federal statute governing third party
special needs trusts. These trusts are governed by the
Program Operating Manual System of the Social Security
Administration (POMS). There is no requirement in the
POMS for a payback provision in a third-party special
needs trust. Inclusion of such a provision would require the
trustee to make such a payback and subject the scrivener
to a potentially serious malpractice action.
2. Creating a Self-Settled Special Needs Trust for an
Individual Over Age 65. Frequently, there is a personal
injury settlement for a beneficiary over age 65. Often,
these beneficiaries reside in assisted living facilities or
nursing homes. They are receiving Medicaid and, in many
instances, SSI. The personal injury attorney is anxious to
protect the settlement and preserve public benefits. The
trust attorney then drafts a self-settled special needs trust
without inquiring as to the age of the beneficiary. Once the
beneficiary attains age 65, he or she is no longer eligible
for a special needs trust.2
3. Requiring Mandatory Distributions of Income. If a
trust distributes income to a beneficiary, it is considered
unearned income by SSI and Medicaid. If the income
distribution is less than the amount of the SSI payment,
the SSI payment is reduced dollar-for-dollar so nothing is
gained. If the distribution exceeds the SSI payment, then
SSI is lost and if the Medicaid is linked to SSI, then Medicaid
is lost as well. The key to a special needs trust is that the
trustee must have full discretion over distributions. A
mandatory distribution provision would mean that the
trustee does not have discretion over these distributions.
4. Inclusion of Crummey Powers. Often, an irrevocable life
insurance trust (ILIT) is wrapped in a special needs trust.
The trust is funded by a life insurance policy. If the special
needs trust contains a Crummey Power giving the disabled
beneficiary a right of withdrawal, then that right is income
to the beneficiary in the month during which the right
of withdrawal may be exercised and may disqualify the
disabled beneficiary from SSI and Medicaid linked to SSI.
The solution is to use a Cristofani Power giving someone
other than the beneficiary with disabilities the right to
withdraw.
1
2
5. HEMS Standard in a Special Needs Trust. Most trusts
include a direction to the trustee to make distributions
to the beneficiary for the beneficiary’s health, education,
maintenance, and support. This is commonly known as
a “HEMS” standard. Such a trust is generally done for
an individual who is not receiving public benefits. This
is called a support trust. However, if a special needs
trust contains a HEMS standard it is not a special needs
trust, because the essence of the special needs trust is the
discretion in the trustee in making distributions.
6. Failing to Make the Trust Irrevocable. In the case of a
self-settled special needs trust, the document must provide
that the trust is irrevocable. If the trust is revocable, it is an
available asset to the beneficiary and public benefits will
be lost. In a third-party special needs trust, the document
may provide that the third-party grantor may revoke the
trust. Typically, the language will give the grantor the right
to revoke the trust until the death of the grantor or until
the trust is funded by someone other than the grantor.
7. Failing to Adequately Fund a Special Needs Trust.
This is perhaps the most common problem with thirdparty special needs trusts. Parents want to establish a trust
for their child with disabilities. They have three children,
two of whom are healthy and one whom has a disability.
They want the trust assets divided equally among the
three children upon death. Good practice dictates that a
Life Care Plan be obtained outlining the level of funding
that will be required to maintain the child with disabilities
in the lifestyle that the parents want for that child. The
healthy children can work, so one solution would be to
leave them no money or a smaller percentage. The other
solution is to fund the third-party special needs trust with
a second-to-die life insurance policy on the parents. These
two strategies can be used in combination.
8. Selection of a Non-Professional Trustee. This is a
very common and serious mistake. A professional trustee
knows public benefits law, has investment expertise or
hires such expertise, knows tax law, and is familiar with
navigating the disability system. The professional trustee
has no conflicts of interest and is in a position to say
“no” to inappropriate distributions. The reason many
individuals want a family member is cost. By the time
the family member pays the bonding premium, if they
can get a bond, hire someone to manage the money, and
hire someone to prepare the tax return, they’ve usually
spent far more money than they would in hiring a
professional trustee. Family members often have conflicts
of interest in that they will be receiving any money not
distributed for the benefit of the beneficiary. Family
members are often inclined to make a distribution that
would be inappropriate. There is often conflict between the
family member trustee and the beneficiary that destroys a
family relationship.
42 U.S.C. §1396p(d)(4)(A).
42 U.S.C. §1396p(d)(4)(A).
April 2015 (Continued on page 13)
The Straight Word
5
Whine of the Month
By Katherine D. Hartman
Older people, we non-millennials,
often shake our heads and wonder
about the attraction of social media.
Why do young kids today want to
share details of their private life with
anyone and everyone? Last May,
during Law Month, we gave talks to
high school students and explained
the significance of the fourth
amendment and the reasonable
expectation of privacy to social media and opined that this
generation’s willingness to share details of their private life
may well change the jurisprudence relating to the reasonable
expectation of privacy. We worry that technology is ruining
our kids and try to imagine why they want to share intimate
details of their lives with strangers. What has changed?
Today it struck me. Absolutely nothing has changed. Older
people share intimate details of their life with perfect strangers
as well. We don’t use electronics, we use print media: bumper
stickers, magnets and license plates.
It used to be if you wanted to formulate an opinion of
someone through their car, you would have to look at
the make, model and maybe color. Someone who drives a
hybrid is environmentally conscious, or cheap, or both. The
universal truth is anyone who drives a Humvee is an idiot
who is trying to compensate for the size of something. (Men
you know what I am talking about.) BMW drivers self-report
that the majority of them drive that car for the prestige. (I
am sure there are engineers in Germany whose dreams were
crushed when they read that survey.) If someone drives a
Buick they are likely over fifty; a two-seater means either prekids or mid- life crisis; fancy rims means young man.
Partner Spotlight: A Good Up Front
Liability Investigation
(Continued from page 4)
We don’t have to use those context clues anymore. We have
bumper stickers, magnets and license plates. I know far more
than I need or want to about people whom I park next to or
follow down Main Street. Yes there is the obvious: their kid
is an honor student, or their kid could beat up your honor
student, or their kid protects the country so your kid can be
an honor student. But now we know so much more.
I know that your summer vacation will be spent in Brigantine
(BB), the Outer Banks (OBX) or Cape May (Exit 0). I know
that you ran a marathon (26.2) or a half marathon (13.1). I
know that you have two children, a boy and a girl, who play
lacrosse and soccer (family picture stickers). I know that you
voted for Romney in 2012, McCain in 2008, and George W.
Bush before that. I know where your kids go to college and
elementary school.
I know that someone in my parking lot is a vegetarian because
her license plate encourages me to “Go Veggie.” (Yes, I am
assuming it is a woman.) Your license plate may tell me that
you are in law enforcement (PBA and FOP), that you are an
assemblyman (AA, Assembly), doctor (MD), someone who is
politically connected (TOR 1), or someone who wants to be
politically connected (TOR 7).
So, as it turns out, you disclose just as much about yourself
through your car as your children do on social media. I know
that you are a frugal, tree hugging (Prius) democrat (Obama
sticker) who spends your summers running (13.1) on Long
Beach Island (LBI magnet plus parking sticker), while you
aren’t trying to raise money for the Pinelands (“Save the
Pinelands” license plate), and earn enough to pay the tuition
at Rowan and Cornell. You have a cat and a sense of humor (“If
you don’t talk to your cat about catnip someone else will”).
Who needs Facebook??
Nominating Committee Report
The Nominating Committee, pursuant to Article IV, Section
2 of the Association By-Laws, submits the following list of
candidates for Officers and Trustees for the year 2015-2016:
3) That crotchety old Irishman, Murphy. Many years ago
I was assigned a case where a vehicle owned by one of my
company’s insureds went through a green light on Utica
Avenue in Brooklyn, where he struck a vehicle in a procession,
which struck and killed two children, which resulted in what
was known as the “Crown Heights Riots.” Wrong place, wrong
time. Not something he could have planned for. Who knew?
In conclusion, there are many things you cannot control.
For those things, you use your skills to create or decrease
reasonable doubt. But, if there is something you can control
and you assume you don’t need to be concerned about doing
so, you risk the peril of human nature, the physical laws of
nature, or just the uncertain ebb and flow of reality having a
stronger influence on your case’s outcome than it otherwise
may have.
6
President Elect: Elizabeth M. Garcia
Vice President:
Douglas L. Heinold
Treasurer: Jennifer Stonerod
Secretary: Pamela A. Mulligan
Two Year Trustee:
John L. Laskey
Three Year Trustees: Joan M. Burke
Brett E.J. Gorman
Steven A. Traub
Berge Tumaian
Young Lawyer Trustee: Victoria A. Schall
This proposed slate will be presented to the general
membership for vote at the Law Day Dinner on May 5 at
Indian Spring Country Club in Marlton, NJ.
The Straight Word
April 2015
WE ARE DELIGHTED TO ANNOUNCE THAT
New Jersey Superior Court
Retired Judge Irvin J. Snyder
HAS JOINED OUR FIRM AS SPECIAL COUNSEL
Judge Snyder will offer ADR services including mediation, arbitration and
arbitration neutral services to attorneys throughout New Jersey. He will also
assist attorneys as a fact finder for settlement conferences
and with many other forms of case management.
He can be reached at [email protected].
NEW JERSEY
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856.429.7750 Tel • 856.427.0360 Fax
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Publication:
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Size:
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Date:
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Saldutti Law Group specializes in all facets of post judgment and forensic recoveries,
creditors rights, collections, bankruptcy, and foreclosures. Referrals welcome.
Referrals in accordance with the rules of professional conduct.
April 2015 The Straight Word
7
Bench/Bar Luncheon
Members of the Bench and Bar convened at Deerwood
Country Club on Tuesday, February 24 for the eighth
annual Bench/Bar Luncheon. This year’s luncheon featured
a presentation by Charles Centinaro, Director of the New
Jersey Office of Attorney Ethics who spoke about “Navigating
the Seven Cs of Professional Responsibility”. It was a great
luncheon of learning, networking and camaraderie. Below
are some pictures of the guests enjoying themselves.
(l to r) Assignment Judge Ronald Bookbinder, Charles
Centinaro and Jude Del Preore
(l to r) Judge Christopher Garrenger, Judge Patricia
Richmond, Charles Centinaro and President Roger Lai
(l to r) Edward Hoffman and Alan Domers
(l to r) Lori McNeely and Colleen McGuigan
(l to r) Richard Nocella, Judge Dennis McInerney and Carl Buck
(l to r) Lujuana Lee, Ann Gorman and Michele Nuciglio
8
The Straight Word
(l to r) Denis Germano and Kevin Aberant
April 2015
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April 2015 The Straight Word
9
ASSOCIATION BOARD
Summary of the
Association Board Meeting
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At the February meeting of the Burlington County Bar
Association Board of Trustees, the Board approved the
minutes from the December meeting, as well as the
December and January financial statements. The Board of
Trustees accepted the applications of 13 new members. The
Board also accepted the report of Executive Director, Kara
Edens, which included summaries of the Holiday Cheer,
Search Engine Marketing luncheon, Jury Selection Seminar,
Chancery Practice Seminar, Women in the Profession Winter
Mixer, 2-for-1 Family Law Seminar, Mediation Seminar, and
Online Marketing Boot Camp luncheon. NJSBA Trustee
Edward Hoffman submitted a report to the Board of Trustees
highlighting some initiatives by the New Jersey State Bar
Association, specifically the Blue Ribbon Commission on
Unmet Legal Needs seeking to tackle the problem of New
Jersey’s unemployed or underemployed attorneys, and that
the Nominating Committee selected Kimberly A. Yonta to be
Secretary for the upcoming year. The Board accepted reports
from the Community and Public Relations Committee, Women
in the Profession Committee and CDR/ADR Committee.
Finally, the Board of Trustees discussed the openings for
secretary and trustees of the Association as well as a new
Spring Social event with the Garden State Bar Association
and Association of Black Women Lawyers of New Jersey.
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The Straight Word
April 2015
Major Change in NJ DWI Law Advances
By Timothy S. Farrow
New Jersey lawmakers have advanced
a bill that would allow all convicted
drunken drivers the option of having
ignition interlock devices installed in
their cars as an alternative to license
revocation. The bill, which passed the
State Senate 29-4, now goes to the desk
of Governor Chris Christie.
The devices require a breath test before
a vehicle can be started, as well as random tests while driving.
The proposed law drastically changes the current statute by
essentially removing the mandatory license suspensions for first
offenders, and replacing them with the mandatory installation
of an ignition interlock.
Currently, New Jersey requires ignition interlock devices for
repeat offenders and first-time offenders whose BAC is .15 or
higher. The state’s legal limit is .08. Second and third offenders
would still have a mandatory minimum license suspension of
one year, but the bill would also create a restricted-use driver’s
license, permitting the offender to drive for work purposes
during certain times and within specific locations.
It is hard to imagine any of my current or former clients would
not greatly favor this proposed legislation over the current
statute. The license suspension is by far the greatest imposition
on their lives, most of all their ability to remain employed
without a license for seven months for the average first offender.
Supporters of the bill, led by Mothers Against Drunk Driving,
said the devices are an effective way to help drunken drivers
change their habits while also punishing them with restrictions
on their lifestyle and protecting other people on the roadways.
The legislation, sponsored by Senator Nicholas Scutari (D-22),
would require the devices for a minimum of three months for
first-time offenders if their blood alcohol concentration (BAC)
was below .10—and up to a year if their BAC was above .10.
There are some downsides of the ignition interlock of course.
The scientific reliability of these devices has not been proven in
New Jersey, so it will be ripe for challenge. Offenders must also
pay for the devices, which average about $1,000 per year.
For a first-time offender, the only license suspension would be
for 10 days or less, depending on how soon the ignition interlock
is installed. Second-time offenders would face harsher penalties,
with a two-to-four year interlock installation and minimum
1-year restricted-use license requirement. Those with three or
more DWI offenses would have their license suspended and be
required to use the device for 10 to 20 years.
For more, read the full article on NJ.com: http://www.nj.com/
politics/index.ssf/2015/02/major_changes_to_nj_drunk_
driving_law_reach_christ.html#incart_m-rpt-1
April 2015 Timothy Farrow, of Dash Farrow, LLP, is an experienced criminal
defense attorney and former Prosecutor who handles these offenses
and crimes, misdemeanors, and traffic offense of all levels. He can be
reached at 856-235-8300 or via email at [email protected].
The Straight Word
11
JURY VERDICTS
Burlington Vicinage



Civil Jury Trial Verdicts – January, 2015





 


Parties
Type of Case
Date
of Verdict  Judge


 Award
  OUTCOME
Arbitration



Frazier vs. Trout
Auto (Verbal) 1/22
Little
$55,000/100%
deft
No Cause




 
 


Attorneys: P: Conrad Bennedetto/Tom Massciochi;
D: Rodd DeWitt


L-703-13








Civil Jury Trial Verdicts –February, 2015
Parties
Type of Case
Date of Verdict Judge
Arbitration Award
OUTCOME
Bittlie vs. Martin Auto (Verbal) 2/5 Little $200,000/100% deft No Cause
Attorneys: P: David Cedar; D: Melissa Bishop
(molded judgment of $10,000)
L-682-13
Peters vs. Saintelien Auto (Verbal) 2/18 Attorneys: P: Domenic Sanginiti; D: Rachel Haninczak
L-L-3990-10
Herman $50,000/100% deft No Cause
Streichert vs. Wegmans PI 2/20 Food Markets
Attorneys: P: Thomas Farnish; D: Walter Klekotka
L-1312-13
Little $100,000 in favor of pltf
$173,000/75% deft Coleman vs. Paull Auto (Verbal)
2/24 Little $40,000/100% deft Attorneys: P: Jonathan Marx; D: Melissa Bishop
L-922-13
12
The Straight Word
No Cause
(high-low; low = $5,000)
April 2015
Top Ten Mistakes in Drafting
Special Needs Trusts
Eagle Eye Adjustment Company, LLC
(Continued from page 5)
Paul J. Balkam
PO Box 823, Marlton, NJ 08053-0823
Telephone/text: 856-904-8090
Fax: 877-883-0994
Email: [email protected]
Comprehensive bodily injury investigations for
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9. Failure to Appoint a Trust Protector. When a
professional trustee is selected, for the most part, the
results are satisfactory to all concerned. However, there are
occasions when a beneficiary is legitimately dissatisfied
with the performance of the trustee. A trust protector is a
good check and balance on the professional trustee. The
Trust Protector can remove and replace trustees.
10. Failing to Give a Minor with Capacity a Power of
Appointment over Trust Assets on Death. In New
Jersey, a trustee cannot do estate planning for a minor.
The typical self-settled special needs trust states that on
death after the Medicaid payback, remaining trust assets
go by intestacy. By giving the minor beneficiary a limited
power of appointment upon attaining majority, the
remainder of the trust assets can be distributed in a more
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COMMITTEE CORNER
Complex Business Litigation Program
(continued from page 3)
Litigation Program, a case must have at least $200,000 of
threshold damages unless the Court decides that there
are other particular situations which would create a basis
for including the case, the case must qualify as a code 508
(Complex Commercial) or 513 (Complex Construction)
case and shall not include matters that will be handled by
General Equity or those primarily involving consumers, labor
organizations, personal injury or condemnation, or cases in
which the government is a party. The Program will encompass
both jury and non-jury matters. Parties with existing cases
can file a motion to Judge Baldwin seeking inclusion into the
Program. Where the amount is less than $200,000 a party may
similarly seek removal from the Program if the action does not
meet the eligibility criteria.
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OFFICE FOR RENT
with Possible Referrals
Receptionist/Conference Rooms
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email: [email protected]
April 2015 The Straight Word
13
(609)714-0600
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14
The Straight Word
April 2015
P
April 2015 The Straight Word
15
The Straight Word
PRESORTED
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Burlington County Bar Association
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