Published by the Camden County Bar Association Member on the Spot 3 Merging, Starting or Buying (or Buying into) a Practice? 5 NJSBA Update 6 The Impact of the Affordable Care Act on Personal Injury Settlements 7 Young Lawyer Corner 8 Back in the Day 10 President’s Perspective 11 Wine & Food 12 Law Practice Marketing 13 Will for Heroes Event Gives Back to Local First Responders 17 Inside VOL. 62, No. 1 JUNE 2013 www.camdencountybar.org Don’t Forget Your Dues! Dues notices for the 2013-14 Bar year were mailed in April and are payable now Paying promptly allows your Association to continue serving you and the community with its many important programs and services Another good reason to pay your dues on time is the Board of Trustees policy, which states: Members whose dues remain unpaid as of September 1, 2013, will not be entitled to the benefits of membership. Unpaid members will not be able to attend member-only events, will pay non-member tuition rates for Association-sponsored CLE seminars and events, will be removed from the Barrister mailing list, and will not receive discounts and services provided by Association Partners in Progress, and retail partners. Members who remain unpaid as of January 31, 2014 will be dropped and required to reapply for membership. All benefits will be restored upon receipt of full payment of dues. So pay your dues and continue to take advantage of all that your CCBA membership offers The first Members Only event of the season, the Meet the Judges & Law Clerks Reception, will be held on September 18, and your dues must be paid in full to attend We also begin the new season of live CLE seminars in September, all of which offer New Jersey and Pennsylvania CLE credits Dues must be paid in full to receive the 30% member savings on seminar tuition For questions or to use a credit card for payment, call Bar Headquarters at 8564820620 Enjoy Your Summer! Barrister takes its annual hiatus This is the final Barrister until we resume publication with the September issue. We hope it has been an interesting and informative Barrister year for you, our readers, and we look forward to continuing the tradition next year. The Barrister Editorial Board appreciates the efforts of all who have taken the time and interest to provide columns for our readers month after month, and extends its gratitude to all of our regular columnists. In addition to the regular columns that appear, the Barrister is fortunate to receive a number of interesting articles throughout the year from various Bar members. To those of you who pen these articles, thanks and keep ’em comin’! This is YOUR bar publication, written for and by members of the Camden County Bar Association and we’re always looking for a fresh idea for a new regular column and additional articles on various topics. We would especially appreciate substantive articles from our committees as they meet and work throughout the year. We invite submissions from ALL Bar members. Please remember that submissions are due on the first of the month prior to publication, i.e. August 1, for the September issue, etc. Articles should be no more than 500-600 words, 12pt. type, double-spaced and forwarded as an email attachment in MSWord or WordPerfect format to [email protected]. For additional information on submitting articles for publication, please contact Bar Headquarters at 856.482.0620 or via email to [email protected]. Rest, relax, re-charge and have a great and safe summer! See you in September! Best of the Brew! Kick off the “down the shore” season and those backyard barbecues and get-togethers at the Bar Foundation’s first Best of the Brew Beer Tasting! Re-scheduled for 6-8 pm, Thursday, June 13, at the fabulous ELounge in Cherry Hill, this terrific tasting event will feature an assortment of the finest beers around for your tasting pleasure Who knows, you might even find a new favorite brew! Additionally, you will also have the opportunity to taste and sample a fine selection of wines if you prefer the grape to the grain! Or enjoy a heartier beverage from the cash bar Tickets for Best of the Brew are $50 pp or $45 for young lawyers admitted five years or less Reserve your evening of spring fun by calling Bar headquarters at 8564820620 or by mailing the reservation reply from the flier in this month’s inserts This is an open fundraising event to support the Foundation, so invite your friends, family and neighbors to make it a real party Grain or grape, we’ve got you covered, so let the tasting begin! June 13 th — JOIN US! 6-9 pm ELounge — Cherry Hill Beer Tasting Party Best of the Brew! Best of the Brew!
Transcript
JUNE 2013 THE BARRISTER Page 1
Published by the Camden County Bar Association
Member on the Spot . . . . . . . . . . . . . . . . . . . . 3
Law Practice Marketing . . . . . . . . . . . . . . . . 13
Will for Heroes Event Gives Back to Local First Responders . . . . . . . . . . . . . . . . . . . . . . 17
Inside
VOL. 62, No. 1 JUNE 2013 www.camdencountybar.org
Don’t Forget Your Dues!Dues notices for the 2013-14 Bar year were mailed in April and are payable now . Paying promptly
allows your Association to continue serving you and the community with its many important programs and services .
Another good reason to pay your dues on time is the Board of Trustees policy, which states:Members whose dues remain unpaid as of September 1, 2013, will not be entitled to the
benefits of membership. Unpaid members will not be able to attend member-only events, will pay non-member tuition rates for Association-sponsored CLE seminars and events, will be removed from the Barrister mailing list, and will not receive discounts and services provided by Association Partners in Progress, and retail partners. Members who remain unpaid as of January 31, 2014 will be dropped and required to reapply for membership.
All benefits will be restored upon receipt of full payment of dues.So pay your dues and continue to take advantage of all that your CCBA membership offers . The
first Members Only event of the season, the Meet the Judges & Law Clerks Reception, will be held on September 18, and your dues must be paid in full to attend . We also begin the new season of live CLE seminars in September, all of which offer New Jersey and Pennsylvania CLE credits . Dues must be paid in full to receive the 30% member savings on seminar tuition .
For questions or to use a credit card for payment, call Bar Headquarters at 856 .482 .0620 .
Enjoy Your Summer!Barrister takes its annual hiatus
This is the final Barrister until we resume publication with the September issue. We hope it has been an interesting and informative Barrister year for you, our readers, and we look forward to continuing the tradition next year.
The Barrister Editorial Board appreciates the efforts of all who have taken the time and interest to provide columns for our readers month after month, and extends its gratitude to all of our regular columnists.
In addition to the regular columns that appear, the Barrister is fortunate to receive a number of interesting articles throughout the year from various Bar members. To those of you who pen these articles, thanks and keep ’em comin’!
This is YOUR bar publication, written for and by members of the Camden County Bar Association and we’re always looking for a fresh idea for a new regular column and additional articles on various topics. We would especially appreciate substantive articles from our committees as they meet and work throughout the year. We invite submissions from ALL Bar members.
Please remember that submissions are due on the first of the month prior to publication, i.e. August 1, for the September issue, etc. Articles should be no more than 500-600 words, 12pt. type, double-spaced and forwarded as an email attachment in MSWord or WordPerfect format to [email protected].
For additional information on submitting articles for publication, please contact Bar Headquarters at 856.482.0620 or via email to [email protected].
Rest, relax, re-charge and have a great and safe summer! See you in September!
Best of the Brew!Kick off the “down the shore” season and those backyard barbecues and
get-togethers at the Bar Foundation’s first Best of the Brew Beer Tasting! Re-scheduled for 6-8 pm, Thursday, June 13, at the fabulous ELounge in Cherry Hill, this terrific tasting event will feature an assortment of the finest beers around for your tasting pleasure . Who knows, you might even find a new favorite brew!
Additionally, you will also have the opportunity to taste and sample a fine selection of wines if you prefer the grape to the grain! Or enjoy a heartier beverage from the cash bar .
Tickets for Best of the Brew are $50 pp or $45 for young lawyers admitted five years or less . Reserve your evening of spring fun by calling Bar headquarters at 856 .482 .0620 or by mailing the reservation reply from the flier in this month’s inserts .
This is an open fundraising event to support the Foundation, so invite your friends, family and neighbors to make it a real party .
Grain or grape, we’ve got you covered, so let the tasting begin!
June 13th — JOIN US!
6-9 pmELounge — Cherry Hill
Beer Tasting PartyBest of the Brew!Best of the Brew!
Members and friends of the Young Lawyer Committee surround Lorenzo the Magician at the Young Lawyer’s annual Easter Party at Anna Sample House for homeless women and children in Camden .
Page 2 APRIL 2013
Tuesday, June 4th Young Lawyer Committee Meeting
12:30 – 2 pmBar Headquarters, Cherry Hill
Saturday, June 8th CCBF Children’s PicnicChallenge Grove Park
10 am – 1 pmBorton’s Mill & Caldwell Road, Cherry Hill
Thursday, June 13th Best of the Brew
6 - 9 pmE Lounge
807 Route 70, Cherry Hill
Wednesday, June 19th CCBA Board of Trustees Meeting
4 pmBar Headquarters, Cherry Hill
Thursday, June 27th CLE on Tap! NJ Landlord/Tenant Practice
3 - 6:15 pmMcCormick & Schmick
Garden State Park, Haddonfield Road, Cherry Hill
Be an active participant in YOUR professional
organization.
ATTEND MEETINGS AND FUNCTIONS!
Published monthly, except July and August, by the Camden County Bar Association .
PresidentGary W. Boguski199 6th AvenueMt. Laurel, NJ 08054
Periodicals postage paid at Cherry Hill, NJ and additional offices (USPS 712 - 480) .
Classified Advertising rates $30 per insertion
Annual Subscription Rate $40
The Barrister
Views and opinions in editorials and articles are not to be taken as official expressions of the Association’s policies unless so stated, and publication of contributed articles does not necessarily imply endorsement in any way of the views expressed.
Board of Trustees
2014Gregory P. DeMicheleJohn J. Palitto, Jr.Louis G. GuzzoJustin T. LoughryMichael V. Madden
2015William F. CookEric A. FeldhakeEllen M. McDowellJerrold N. Poslusny, Jr.Carl Ahrens Price
2016Carol A. CannerelliMichael J. DenninAdam E. GershTommie Ann GibneyJohn P. Kahn
Young Lawyer TrusteeRachael Brekke
New Jersey State Bar TrusteeLinda W. Eynon
Immediate Past PresidentBrenda Lee Eutsler
OmbudspersonRobert G. Harbeson
ABA DelegateRichard A. DeMichele, Jr.
Editorial BoardJohn C. ConnellWarren W. FaulkV. Richard FerreriWilliam GroblePeter M. HaldenJames D. Hamilton, Jr.John J. LevyJohn G. McCormickCasey PriceGary W. Boguski (ex-officio)
Tentative agenda for June 19th Trustees Meeting
A tentative agenda for this month’s regular Board of Trustees meeting follows. The meeting will begin at 4 pm at Board Headquarters. All meetings are open to the membership. Anyone interested in attending should notify and confirm their attendance by calling Bar Headquarters at 856.482.0620. I. Call to Order II. Minutes from Previous Meeting III. Treasurer’s Report IV. President’s Report V. Membership Committee Report VI. Executive Director’s Report VII. Young Lawyer Committee Report VIII. Standing Committee Reports IX. Foundation Update X. NJSBA Update XI. New Business (if any) XII. Old Business XIII. Adjourn
The docket
2013 Camden County Professional Lawyer of the Year Nominations
Nominations for Camden County’s 2013 Professional Lawyer of the Year Award are now being accepted.
The Professional Lawyer of the Year Awards are given jointly by New Jersey Bar Associations and the New Jersey Commission on Professionalism in the Law to recognize deserving individuals and focus positive attention on the good works done by members of the legal profession.
The criteria for determining a Professional Lawyer of the Year are:
A lawyer/judge who is committed to •the ideals of professionalism Who is well recognized in the legal •community for character and competence.
Who is respected by all and looked •upon as a model of professional behavior.
The awards will be presented at the annual awards luncheon next fall.
Selection of the recipient is NOT based on the number of nominations a person receives. Each nominee is reviewed by the CCBA selection committee with the recipient determined by who best exemplifies the criteria set forth.
To nominate a colleague for this prestigious award, use the nomination form included in this month’s inserts.
NOMINATIONS ARE DUE TO BAR HEADQUARTERS BY 5 PM, FRIDAY JUNE 21.
JUNE 2013 THE BARRISTER Page 3
OUT AND ABOUT
Brian Wolfinger & Joe Semet
NAME: Matthew V. Portella
PRACTICE AFFILIATION: Law Office of Matthew V. Portella, LLC specializing in criminal defense and traffic matters in Municipal and Superior Courts
YEAR ADMITTED TO BAR: 1994
OTHER BAR ADMITTANCES: PA, U.S. Court of Federal Claims
Member on the spot
PRIOR OCCUPATION: delivered newspapers, bakery assistant, short order cook, baggage clerk and valet parker at Showboat Casino, doorman at Kaminski’s, quality control specialist for Tyco Toys, professional actor & musician, law clerk to The Hon. John A. Fratto
RESIDENCE: Haddonfield, NJ
HIGH SCHOOL: Cherry Hill East High School (’87)
COLLEGE: Rutgers University – New Brunswick (’91)
LAW SCHOOL: Rutgers School of Law – Camden (’94)
WHAT LED YOU TO A LEGAL CAREER: My father was an attorney and I wanted to be like my dad…so I followed the path.
BEST PERSONAL/PROFESSIONAL ATTRIBUTE: My outgoing personality and ability to connect with people.
GREATEST FAULT: My inability to relax and let go of stress.
WHAT I DO TO RELAX: Get to the beach with my family and friends.
HOBBIES: Playing guitar, singing and songwriting.
FAVORITE RESTAURANT: Da Soli in Haddonfield, NJ
FAVORITE TELEVISION SHOW: Modern Family
FAVORITE MOVIE: JAWS
FAVORITE AUTHOR/BOOK: JAWS
FAVORITE VACATION PLACES: Ocean City, NJ and either relaxing or adventurous vacations with my wife, Lauren, all over the globe.
FAVORITE WEBSITE: www.mattportella.com
FAVORITE MUSEUM: Museum of Natural History in Philadelphia, PA
FAVORITE WEEKEND GETAWAY: Ocean City, NJ
ENJOY MOST ABOUT PRACTICING LAW: Doing the right thing for my client, getting him/her the best and desired result and making sure that he/she is happy with my representation.
MOST ADMIRED PERSON AND WHY: My wife, Lauren. She has the awesome ability, no matter what, to see the forest from the trees, to understand the reality of a situation, and to react appropriately.
WHEN AND WHERE HAPPIEST?: Whenever and wherever I am not feeling stressed, either with my family or on the stage.
CHERISHED MEMORIES: I’m a sentimental person, so I have many, many cherished moments.
GREATEST FEAR: Heights. I can’t stand heights. I get all woozy.
ALTERNATE CAREER CHOICE: Musician/actor
GREATEST LESSON LEARNED FROM PRACTICE OF LAW: Be prepared. Do the right thing. Don’t give up.
PERSON YOU’D MOST LIKE TO DINE WITH: I’ve always wanted to meet and talk with Abraham Lincoln, but because that can’t happen, I’d like to dine with Neil Finn.
PET PEEVE(S): Traffic
LIFE’S HIGHLIGHTS: Being able to constantly achieve my dreams and goals, no matter how large or small, for example, becoming a lawyer with a successful practice, releasing two CDs of original music, playing to sold out crowds; meeting my wife; and the birth of my two boys.
GREATEST ACCOMPLISHMENT: Making a beautiful family.
#1 PROFESSIONAL GOAL: To retire by 65, unless I can do it by 60.
#1 PERSONAL GOAL: Right now, to lose some weight and gain some muscle.
LIFE EXPERIENCE(S) WITH GREATEST IMPACT: When my father died. When I met my wife. When my two boys were born.
ADVICE TO YOUNG LAWYER: Be prepared. Do the right thing. Don’t give up.
HOPE TO BE DOING IN 10 YEARS: Still be alive and well as a lawyer, rock star, husband and daddy.
FAVORITE QUOTATION: I really don’t have one, and you can quote me on that.
Every 70 seconds, someone, somewhere in the world is getting served. By us.
Guaranteed Subpoena Service, Inc.
Anywhere in the U.S.A.
Voted BEST PROCESS SERVER in NJ, NY, PA and CT 2009-2012!!
JUNE 2013 THE BARRISTER Page 5
Merging, Starting or Buying (or Buying into) a Practice?
Soul Searching Questions To Review With Your CPAMartin H. Abo, CPA/ABV/CVA/CFF
Attorneys are well prepared for the practice of law, but do you think you are similarly adept in the business of law. Whether you are thinking about leaving a firm to start your own, have been approached to merge, are doing the approaching, just beginning in the legal profession or have been running your own firm for years, I’ve tried to compile below at least some of the questions I’ve used to play devil’s advocate with clients, legal friends and colleagues, so you can explore for one of your most important clients—YOU.
1. What are your qualifications for operating this practice?
2. Should you “go it alone” or go in with another new lawyer? A seasoned lawyer?
a. Consider a “trial” periodb. Consider expense sharing or “of counsel”c. Consider your separate malpractice coveraged. If you are separate, consider informing clients in your written
fee agreements that you and the other lawyer may not be same firm
e. Consider complementing skill sets, both technically and personally
f. Consider “who gets what” on breakup (i.e. phone number, website, office space, files, etc.)
g. Confirm the other’s financial position/abilityh. Obtain Abo’s “122 Point Checklist on Buy-sell Agreements”
from www.aboandcompany.com
3. Why go into this practice (increase wealth, purchase lifestyle, job vs. career, exit planning strategy)?
4. How much money are you able to put into this practice?
5. How much money do you need to borrow?
6. Where will office be (i.e. present location, incubator, sublet, other law office, from home, etc.)?
7. Are you planning on providing legal services for “rent”?a. Have you pegged a fair number of hours/billing rates to a fair
rental?b. Are the hours to be cumulative or non-cumulative?c. Have you priced out other services/expenses available beyond
just rent?d. Have you delineated what type of work you pass on to include
in such bartering? Can you say no?e. Who will determine if hours were well spent or perhaps
excessive?f. Who sets priorities or for when hours are to be performed?g. Are other non-legal hours considered in trade (i.e. general
research, form template preparation, technology assistance, personal matters, etc.)?
8. Who will your clients be and why will they come to this firm?
9. What competition does the practice have at this location and in the area generally?
10. How does your fee structure compare to those of your competitors?
11. Are you willing to work long hours without knowing how much you’ll make?
12. Have you worked in a similar type and size practice?
13. Have you considered strategic relationships with potential client referrers (i.e. banks, accountants, other lawyers, financial planners, insurance brokers, etc.)?
14. Have you considered internet presence?
15. Have you considered your staffing and other personnel needs?
16. Have you worked in this type of practice as a manager/supervisor before?
17. Do you know how much money you can afford to lend and tie up in this practice?
18. Do you know how much trade credit you can get?
19. Do you know where to get any remaining funds to purchase and run the practice?
20. Do you know the minimum you need to personally live on?a. Do you feel you’re realistic on the revenue projections and will
have enough cash (it’s tough going back to the well)?
21. Have you compared this minimum to what you can expect to earn from the practice?
22. Are you aware of local, state and federal regulations that may affect your services?
23. Have you asked and confirmed why the owner/partner is bringing you in?
24. Do you have available all services presently provided to the partner/seller at less-than-fair-value (i.e. cheap rent, related vendors, family members doing services, etc.)?
25. Have you visited the clients and then asked as many frank questions as you need to be sure about the legitimacy of the billings, profits, etc.?
26. Have you investigated the experience rating of unemployment as well as workmen’s compensation insurance?
27. Have you reviewed and obtained disability as well as life insurance?
28. Do you know the partner’s/seller’s credit and collection policies (i.e. tightening terms may jeopardize service revenues)?
29. Do you feel comfortable with all of your advisors (i.e. CPA, banker, practice lawyer, insurance agent, other consultants, etc.) and feel comfortable with their negotiating skills, knowledge of the practice and familiarity with the profession?
30. Have you looked into similar practices which have failed and assessed their relevance to your contemplated operation?
31. Have you considered the morale of existing associates/employees you plan to retain?
Continued on Page 15
Page 6 THE BARRISTER JUNE 2013
We are proud to be a Partner in Progress of the Camden County Bar Association. Let us know if you:
Abo and Company, LLCCertified PubliC ACCountAnts / litigAtion & forensiC ConsultAnts
www.aboandcompany.com
New Jersey 307 Fellowship Rd., Ste. 202 • Mt. Laurel, NJ 08054
Phone: 856-222-4723 • Fax: 856-222-4760
Pennsylvania 6 E. Trenton Ave., Ste. 5 • Morrisville, PA 19067
Phone: 215-736-3156 • Fax: 215-736-3215
• Need our technical experience and professional insight for projects on accounting, tax, valuation, investigative or litigation support;
• Need help with estate or trust tax returns;• Would like us to confidentially assess your own
personal tax situation or run multiple scenario tax projections for you;
• Have a company or individual you’d like us to meet with;
• Would like any of the numerous articles and handouts of particular interest to lawyers and law firms at Abo and Company, including:
Presentation entitled “The Financial Side of a Law Practice—What They Forgot To Tell You in Law School”
Presentation to the National Employment Lawyers Assoc-NJ on “Law Firm Collections and Receivable Tips”
Labor & Employment Law Section of the New Jersey Bar’s seminar “Use of Experts in Employment Cases”
The National Business Institute (NBI) at their two days of seminars entitled “Accounting 101 For Attorneys”
NYC, NJ, Camden County and Chester County PA Bar seminars on “Buy-Sell Agreements” (includes our 122 point checklist on buy-sells)
The Sharper Lawyer’s seminar entitled “Practical Strategies to Improve Your Law Firm’s Bottom Line”
Abo and Company’s “Inventory of Personal Assets—Financial and Estate Planner”
Abo and Company’s 88 point “Attorney Trust Accounting Checklist”
Abo’s Hitlist to Consider in the Buy-Sell Valuation and Formula
Memo on C-Corporation vs. LLC or S-Corporation
IRS Audit Technique Guide on Attorneys and Law Firms
Checklist for those serving as Executors Sample Reconciliation of Income Tax Return
with Actual Disposable Income
To learn more or to receive any of the above, please contact by phone, fax or e-mail:Martin H. Abo, CPA/ABV/CVA/CFF ([email protected])
Time flies by quickly when you are having fun. (I have it on good authority that time slows considerably when you are being tortured.) It has been almost six years since I succeeded the Honorable Michele Fox to the position of your New Jersey State Bar Trustee. I am termed out. By the time you read this, Linda Eynon will have been sworn in to serve as your representative to the NJSBA. You could not be in better hands.
Being a County Trustee is a superb job. You serve on the Boards of both the State and County Bar Associations. It is an opportunity to work with the most wonderful people and interact with the leaders of our noble profession. It is a window into the hard work done by selfless volunteers to serve the public, shape the law, and make our calling great. I deem myself fortunate.
Before I fade away, I would like to thank all of you who had the confidence in me to have given me this fantastic growth experience. My involvement in the organized bar has been an occasion for self-actualization that I would recommend to all practicing attorneys. Your life, both professional and personal, will be richer for it. Your support has made my tenure race by. Your continued support will assure Linda that same experience.
Providing Expert Legal PhotographicServices Since 1946
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The Impact of the Affordable Care Act on Personal Injury Settlements
By Thomas D. Begley, Jr., CELA
Purposes of the ActOn March 30, 2010, President Obama
signed The Patient Protection and Affordable Care Act1 as amended by The Health Care and Education Reconciliation Act of 2010.2 These two statutes are commonly referred to as the Affordable Care Act (ACA). The two most important legislative purposes are:3
To increase the number of Americans •with health insurance, andTo ensure that health insurance •satisfies certain minimum thresholds of coverage.
While some provisions of the Act are already in effect, the main impact will be felt beginning January 1, 2014. In fact, enrollment for plans beginning on January 1, 2014, will begin October 1, 2013.
The Congressional Budget Office estimates that Health Care Reform will cover an additional 32 million people. About half of those will be enrolled in Medicaid and CHIP. Twenty-four million people will obtain coverage through Exchanges, and 19 million of those will receive some form of subsidy. A chart is available showing the 2013 Federal Poverty Guidelines4. The discussion of this article is directed primarily to changes becoming effective on or before January 1, 2014.
Mechanism for ExpansionThe expansion of coverage will come
about due to an individual mandate requiring individuals to purchase insurance and providing certain financial incentives for those who enroll and penalties for those who refuse to do so. Small employers will be encouraged to provide coverage for their employees. There will be a tax credit for 2014 and 2015 for certain small employers who comply, but there are no penalties for failure to participate. Large employers of 50 or more employees will be required to offer coverage to employees. There will be financial penalties for non-compliance.
Expansion of health care coverage is to be achieved largely by expansion of the Medicaid program to families having income up to 138% of the FPL (133% plus a 5% income disregard), and by providing premium subsidies to make insurance more affordable for people with income up to 400% of the FPL, and by building on employer-based coverage. The United States Supreme Court has stated that states cannot be required to expand Medicaid coverage to individuals. Many states will likely elect not to do so.5
ExchangesInsurance Exchanges are designed to
assist low and moderate income individuals and families and small businesses. Exchanges can be established by states, by state/federal partnerships, or operated through the federal government.
Exchanges must offer qualified health plans, which provide essential health benefits. Essential health benefits are defined in the Act.6
Provisions Applying to All Plans
There are certain provisions that will apply to all plans. These include the following:
No lifetime or annual limits;•Prohibition of rescission of coverage;•Extension of dependent coverage;•Prohibition on preexisting conditions •exclusions;No excessive waiting periods for •eligibility to become covered by a plan; andProviding a summary of benefits and •coverage to participants.
Preexisting ConditionPerhaps the most significant feature from
the standpoint of the Personal Injury attorney is the preexisting condition mandate. Under the ACA an individual with preexisting conditions must be covered without regard to medical history. A preexisting condition is a condition
that existed prior to the effective date of health coverage, whether or not any medical advice, diagnosis, care or treatment was recommended or received prior to that date.7 This provision is effective January 1, 2014.8
Lifetime and Annual LimitsThe ban on caps for lifetime or annual
limits is somewhat deceiving. The statute bans dollar caps. Beginning January 1, 2014, annual limits on the dollar value of essential health benefits for any participant cannot be established. However, while limits based on dollar value are specifically excluded, there appears to be nothing to prevent limits being placed on a benefit (e.g., number of visits or treatments per plan year).
Deductible LimitationThe combined annual deductible of
annual out-of-pocket expenses (not including premiums) is $6,250 in 2013 and $12,500 in 2013 for family coverage.9
The Impact of the ACA on Personal Injury Attorneys
It would appear that the Affordable Care Act may have some impact on personal injury settlements.
A large component of most personal injury settlements is the amount paid by the defendant to the plaintiff for future medical care. Going forward, after the implementation of the ACA, the effect of the Collateral Source Rule must be considered. The common law version of the Collateral Source Rule prohibits the introduction of evidence regarding collateral payments received by the claimant in his suit for damages. The rule prevents the reduction of an award by any amount owed by third parties already paid to or on behalf of the plaintiff. In states strictly observing the Collateral Source Rule, the ACA is likely to have little effect on the payment of monies from a defendant to a plaintiff for future medical care.
1 HR 3590, PUB. L. NO. 111-148.2 HR 4872, PUB. L. NO. 111-152.3 The Affordable Care Act at 2-1/2—What Employers
Should Expect Now, Jones Day (August 2012).4 78 Fed. Reg. 5182 (Jan. 24, 2013).
5 National Fed’n of Indep. Buss. v. Sebelius, 132 S.C. 2566 (June 28, 2012) available online at http://www.supremecourt.gov/opinion/11pdf/11-393c3a2.pdf.
6 The Affordable Care Act, PUB. L. NO. 111-148 §1303(b).
8 Temp. Reg. 54.9815-2704T(b)(1).9 Rev. Proc. 2012-26.
2013 Begley Law Group, P.C. All rights reserved.
Continued on Page 14
Page 8 THE BARRISTER JUNE 2013
YOUNG LAWYER CORNER
Young Lawyers — Get Ready!
By Rachael Brekke
Young lawyer corner
I am honored and excited to start a new year with our CCBA Young Lawyers! This past year was such an incredible success with Mike Dennin taking the lead on so many philanthropic events and really making a difference in our community. Mike’s passion and commitment to Camden County is truly inspiring. I certainly have my work cut out for me! I look forward to the upcoming year and working with our newly admitted young lawyers, the returning young lawyers, and of course the invaluable veteran “young” lawyers.
For the past few years, the early summer months have been the most stressful for our young lawyers and law clerks in their post-bar and post-clerkship job searches. I remember the feeling well as a law clerk last year and can assure you that it’s still early and you have plenty of time. I know, I know, I couldn’t stand it either when people told me “everything will work out.” But you’re going to have to trust me on this. My offer didn’t
come until my last week of clerking, and guess what, it all worked out. So just take a breath, send out 10 more resumes…and you will be fine. Whether your strategy is mailing tons of resumes, making phone calls, or emailing every business card you’ve ever received, just don’t give up. Your future is too exciting and just around the corner. But first, do yourself a favor and enjoy the summer months a bit because you have the rest of your life to spend on billable hours!
I was blessed with a great family and my grandfather, the late Honorable Barry M. Weinberg, as my mentor, who taught me countless life lessons as a young girl that I hope to share with our young lawyers this year. One of the perks of being the oldest grandchild by seven years is that you quickly become your grandfather’s sidekick and before you know it you’re attending arbitrations and mediations instead of summer camp.
During my job search last year, I often thought of what he would be telling me to
do if he was still here. It was an easy, one word answer—NETWORK! I have no doubt that the connections we make and the relationships that we maintain during our careers will define the opportunities we are given in the future. When I tell you that every time we went out to dinner (mainly down the street to Short Hills Deli) he had to stop 15 times to shake hands with colleagues and catch up with each other, it’s probably an understatement. But you know what, that’s what 75 years of networking can do for you!
Networking can absolutely be exhausting. But if you ever need a favor (or a job!) it’s nice to have a network of friends and colleagues in Camden County that will look out for you. This year, I certainly hope our young lawyers take advantage of each other and the connections we each bring to the table. At the end of the day we are in this together, and will make Camden County stronger together as well. See you at the Young Lawyer Monthly Lunch!
JUNE 2013 THE BARRISTER Page 9
Cocktails & Conversation Bench Bar Cocktail Party . . .
a Great EveningOver 140 bar members, law students and clerks came together with members of the Judiciary for
the 3rd Annual Bench Bar Cocktails & Conversation Cocktail Party at Caffe Aldo Lamberti’s in Cherry Hill for a relaxed and enjoyable get together on May 8th.
Planned as a week night opportunity to relax with colleagues from the bench and bar while enjoying a two hour open bar and mouth-watering party fare, the event replaced the traditional Bench Bar Luncheon and offered the perfect atmosphere for a higher level of conversation and socializing between members of the Bench and Bar.
It was also a great occasion to present Judicial Portraits to five retired Superior Court Judges and the Foundation’s Law School Scholarships.
Association President Brenda Eutsler & Young Lawyer Chair Mike Dennin
Lou Moffa, Judge Silverman-Katz, & Foundation President Linda Eynon
Dave Epler & Les Jandoli Rocco DePersia & Judge Stein
Allie Pollice & Lauren Tedesco
Judge Baxter, Judge Lario, Judge King & Pasquale Guglietta
Standing in front of their portraits are Judge Rand, Judge Baxter, Judge Donaldson, Judge Orlando & Judge Melendez following the presentation by President Brenda Eutsler
Scholarship checks were presented to four of this year’s recipients in attendance by Foundation President Linda Eynon . Brian Block (Portella), Shelby Sparrow (Asbell), Linda Eynon, John Neckonchuk (Wallace) & Philip Jaworskyj (Rossetti) . Congratulations and good luck all!
Ken Roth, Brenda Eutsler & Partner in Progress Marty Abo Stephanie Cantave & Aneliya
Judge Brown & Judge FreemanMike Berger & Judge Meloni Mary Kay Wysocki, Karen Savage &
Michelle CoreaJudge Fratto, Judge Blue & Brenda Eutsler
Page 10 THE BARRISTER JUNE 2013
Back in the Day
By Hon. Richard S. Hyland (ret.)
While you're reading this, law graduates throughout New Jersey are preparing for the bar exam and I don't envy them. Anxiety has always been a part of taking the exam, but back in the day things were less stressful. Most had employment lined up and there was little talk about student loan debt. The only improvement now is the ability to answer essay questions by laptop. (By the way, how did we get through law school and become competent attorneys without laptops?)
In June 1960, I was studying at home with the air conditioning going full blast and an ashtray full of butts. I had opted out of taking the Brigadier bar review course in Newark, but many did, like Ray Drozdowski, Jim Mullen and others. My "preceptor" and brother Bill advised it was an unnecessary expense and not needed if I reviewed my law school notes instead. Although he was usually right about everything, I still had a glimmer of doubt which I couldn't suppress, so I discussed this course with Frank Travaline. He was an old family friend and had been a member of the Board of Bar Examiners. He echoed my brother's advice and dismissed the review course as unnecessary, also.
Ray and I had become close friends since our days in Camden (Parkside). I was the best man at his wedding to Mimi, which was the result of my match-making. We were an odd pairing since he was six feet-four and I was a vertically challenged five feet-six. Some wags said we resembled "Mutt and Jeff," the popular comic strip cartoon characters.
However, we did not travel together for the first day's exam. I had been invited to stay overnight in Trenton at the apartment of a college friend. I had met "Eddie" during our first days as pre-law freshmen at
St. Joe's College. Eddie was the most hyper person I have ever known, and had already mapped out his career plans. After graduation, he was going to Fordham Law School for the specific purpose of taking the New Jersey Practice course taught by Superior Court Judge Victor Kilkenny, who had an almost 100% pass rate for our exam. His mandatory clerkship was to be served with Richard J. Hughes, a prominent railroad lawyer in Trenton. (We later knew him as Governor and our beloved
Chief Justice). After a successful bar exam he was going to marry his pretty and well-to-do high school sweetheart. After the first day, Ray, Eddie and I walked from the War Memorial to the nearest bar for a debriefing. Eddie couldn't wait to tell us how he nailed the first question since it was covered by the New Jersey Personal Loan Act. I was astounded because I thought it was about offer and acceptance issues under the recently enacted UCC. I had never heard of this Act nor have I since that day. Ray was astounded too, and I saw his face drop. As Eddie
became more insistent and confident, I concluded that he had garnered this legal nugget from the Kilkenny course. Ray then drained his drink and took off feeling he had blown the exam.
Feeling somewhat shaky, I stayed up to brush up for the next day. Eddie took off while I was studying and rolled in from a heavy date (not with his intended) at 5 a.m. After the next day, Ray made it very clear that he wanted no part of any debriefing with Eddie and took off for a vacation in Provincetown. I was feeling much better because there were two major questions that tracked "hypos" we discussed at length in two third year classes and I knew I had aced them. Thanks, Bill and Frank! Also, there was a major question about the Supreme Court Cowan case which had established recovery for prenatal torts, and was decided shortly before the exam and was bound to be included.
Back at the bar, I mentioned the case to Eddie and he looked at me quizzically saying there was no prenatal tort question. Now I wondered if they had put out two separate exams, so I literally collared the guy on the next stool who said there was such a question. Now Eddie's face dropped, and in his zeal he had breezed past the question at the bottom of the exam page.
By now, you may suspect how all this turned out. Yes, Ray and I passed and later became Superior Court judges. Yes, Eddie didn't pass until his third try, but did put together a rewarding career. He did marry his intended, but she later divorced him.
I've come to believe the adage that when man makes plans, God laughs. Please forward any comments to: [email protected]
Members of the Elder Law & Disabilities Committee recently presented the CLE seminar “Respect Thy Elders” at Tavistock . Discussion topics included Medicaid, Guardianships and Special Needs Trusts . Presenters were Helen C. Dodick, Esq., Office of the Public Guardian, Trenton; Laura L. Ergood, Esq., Law Offices of Laura L . Ergood, Cherry Hill; Moderator Maisie C. Smith, Esq., Law Offices of Maisie Chin Smith, Cherry Hill; John Koehler, Camden County Board of Social Services, Camden .
JUNE 2013 THE BARRISTER Page 11
President’s perspective by Gary W. Boguski
As my recent predecessors have all written in their President’s Perspective columns for the Barrister, which is nonetheless still true and heartfelt for me, it is an honor for me to be able to address you as the 87th President of the Camden County Bar Association. As my year as President commences, we celebrate the Association’s more than 130 years serving the lawyers in our Association and the community. More about the “and the community” later.
When news of my impending installation became known, I received a number of different reactions, ranging from congratulations to condolences. In anticipation of my year at the helm, I have also spoken with a number of past Presidents. All were challenged by the office and very much enjoyed their term, even as they commented on the many hours that were involved in their time as President. I welcome the challenge because of my deep appreciation for the history and contributions of our Association as well as the strength and diversity of our current members.
My appreciation for the Camden County Bar Association and Foundation has developed and grown over the years. To be honest, out of law school I was skeptical of the value of bar associations generally and had little interest in participating. Over time I became acquainted with a number of Bar leaders who bowled me over with their integrity, intellect and commitment to our Association. Over that period of time I came to appreciate the value of the Bar Association in supporting its members and generally enhancing the legal profession.
As a young lawyer I also became drawn to the wonderful activities and projects of the Bar Foundation. With the establishment of the Public Benefits Committee of the Bar Foundation, pioneered by Judge Louise Donaldson and Terri Keeley, for me the deal was sealed. I was hooked, and from that time on for 30 plus years, I have enjoyed and appreciated my involvement with the Bar Association and Foundation.
For many of the same reasons, I am proud to be a member of the Camden County Bar Association and proud to be a lawyer. We all hear (and sometimes laugh at) the many lawyer jokes that are out there. We are also aware of the lawyer-bashing that goes on periodically by
segments of our society. But I defy you to name another profession or occupation that consistently encourages and celebrates the donation of time, energy and money by its members to help disadvantaged children, seniors, veterans and those in our community who could not otherwise afford legal representation.
Over the next year I hope to encourage our members to renew their commitment to the profession and to the community at large. I am not reinventing the wheel here. Nonetheless, I do want to encourage us to double down on our efforts to positively impact the community while at the same time maintaining the high level of support and camaraderie that the Association provides to all of us.
While we are at it, I encourage everyone to glance over the list of former trustees, officers and Presidents of the Bar Association. That list reads like a who’s who of legal champions and role models.
I also want to congratulate and thank Brenda Eutsler and Linda Eynon, the outgoing Association and Foundation Presidents. They kept our ship on course and raised the bar (pun intended) with their strong and compassionate leadership. It is a tough act to follow Brenda but, as always, I know that Brenda is only one telephone call away if the Association or I need help.
I also congratulate incoming Bar Foundation President Lou Lessig. I look forward to working with Lou and the Bar Foundation as we continue to positively impact our community. I know that Lou is up for the challenge.
I look forward to working alongside our tireless Executive Director, Larry Pelletier and his crack team of Denise Whybark and Kathleen Del Prato. Their collective efforts make our job as trustees and officers of the Association and Foundation easy.
As for our 2,300 members, and any law students, lawyers or interested persons reading this column who are not members of the Camden County Bar Association, be on the look out for the many upcoming opportunities to contribute to our great works, to take advantage of the CLE seminars and committee efforts and to positively impact our community.
Lastly, I want to thank in advance my partner, Michael Taylor, my secretary, the office staff, my family and most importantly, my wife for their patience and support in the year ahead.
Greetings!
Members of the Taxation Committee and Probate & Trust Committee joined forces to present the CLE Seminar “American Taxpayer Relief Act of 2012 and Its Effects on Individuals & Estates . On hand to present the seminar were Brian W. Donnelly, Esq., Donnelly Ritigstein, Haddonfield; Eric A. Feldhake, Esq., Kulzer & DiPadova, Haddonfield; Moderator Jenifer G. Fowler, Esq., Eisner & Fowler, Haddonfield; Glenn A. Henkel, Esq., Kulzer & DiPadova, Haddonfield .
As another year of The Barrister concludes, I want to thank all of you who read this column. Your comments and support are always appreciated, providing the incentive to hunt for value-priced wines and to meet each month’s publishing deadline. As is often the case with wine, I have been fortunate to meet many of you not because our paths crossed in a legal setting, but because of the connection this forum has given us.
I want to continue where we left off last month, but switching to some standout wine buys from another distributor with whom you are familiar from many past references. Michael Skurnik Wines has an enviable stable of producers, many of whom I have been privileged to meet at the company’s trade events in New York City. Once again in March, I attended the company’s annual portfolio tasting, where many of the represented winemakers gather and more wines than any human could sample are there for the tasting. Some of the people pouring are true stars in the world of wine, so it is always enjoyable to be able to chat a bit over a glass of their wine. However, my mission is to find wines I think may be of interest to you, and this leads me a bit off the beaten track for those hidden gems that deliver real quality at affordable prices.
Since the summer is upon us, let’s talk about some white wines for patio sipping or enjoying with lighter fare, as well as some candidates to accompany your barbecue. As you may recall from past columns, including one interviewing a top wine critic, Portuguese table wines really have made inroads in our country. A perfect example of why this is so is the 2011 Obrigado Vinhos Portugal Vera Vinho Verde. This is a spritely, crisp white wine composed of three indigenous Portuguese varietals. The fruit leans toward melon and very ripe apple, with a gently extracted spiciness that enhances what is a very enjoyable mouth feel. When you see the cost, the corners of that mouth should be lifting upward. While Vinho Verde wines once were viewed with disdain, a new wave of quality offerings is quickly altering that perspective.
Another wine area that rarely enjoys acclaim is the Jurançon in the French Basque region. To the extent there is any spotlight on these wines, it tends to be for the sweeter versions made primarily from the Petit Manseng grape. The consensus leader among wineries there is Domaine Cauhapé, wines from which I am pleased to include in my cellar. While the dessert wines can be a bit pricey, particularly those made from later picked grapes, the winery makes a very nice, affordable dry wine, and the current vintage is worth trying. 2011 Domaine Cauhapé Chants des Vignes is a fruit-filled wine that conveys pulpy apple taste and very subtle ginger spice in a fleshy, but not flashy, medium body. This bottling is a blend of Gros Manseng and Camarlet, and I suspect the lesser regard for these grape along with the greater yield achieved by earlier picking allows the wine’s favorable price point to be achieved.
Another country currying favor with American consumers is Austria, particularly for wines made from the Grüner Veltliner grape. While many of these wines are simple quaffers bearing clever labels, there are a few top producers who work to provide nice entry level offerings. 2011 Nigl Grüner Veltliner Freiheit manages to deliver what might be considered an elegant rendition of the grape. Where many Grüners feature notes of green vegetables and white pepper, this seems fashioned to be more versatile. There is an impression of steely minerality, with a seltzery salinity and a touch of iodine. The fruit is subdued, under-ripe apples and pears, but it is the lean structure that conveys a sense of delicacy.
Let’s start our search for red wines with one from Greece made from a grape variety I really enjoy for its ability to straddle dishes (in fact, at a Boulud restaurant in NYC, it was the varietal chosen to pair with my pork and Linda’s fish entrees). 2009 Alpha Estate Xinomavro Hedgehog Vineyard is a pretty wine, with soft features that offer both a surprising lushness and yet clean, focused penetration. The fruit has a darker profile, not
due to extraction, but rather purity of grape essence. There are nuances of leather and game, but again the overriding impression is one of balanced precision. If you’ve not tried the grape (pronounced Zee NO’ mah vro), give it a try.
Back to France, the Cahors wine region is one that remains relatively untraveled by tourists, but is well worth visiting. One estate we visited while there is Chateau Coustarelle, so it was nice to see and be able to try one of the property’s latest releases, 2012 Chateau Coustarelle Grand Cuvée Prestige. The primary grape in Cahors (pronounces KA-oar) wines is Malbec. It has been grown there with some acclaim long before its rise in popularity in Argentina, and often is blended either with Tannat, as here, or Merlot. This wine has mouthwatering, dark, loamy fruit that is tart and is framed with oak that is noticeable but not intrusive. There is ample acidity escorting the fruit in this medium weight wine that surely will aid its pairing with food.
I hope you have an enjoyable summer, taking time to leave the office for whatever excites or relaxes you. Hopefully, you will find time to open some nice bottles of wine. Cheers!
Wine foodBy Jim Hamilton
&
JUNE 2013 THE BARRISTER Page 13
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LAW PRACTICE MARKETING
Leverage Summer Months to Grow Network
By Kimberly Alford RiceWith the summer months upon us, it is too
easy to be lulled into a sense of complacency and slack off on targeted business development initiatives. Avoid the temptation and leverage these next several months with a concentrated effort to build and strengthen your network.
Contact lists—gotta have them…and you should be growing them.
If there is one element in the business development arsenal which is fatal to ignore or not attend to faithfully, it is the contact list. This is and will be the foundation of your practice for many years ahead. Why, you may ask? Well, put simply: no list equals no connections and communications with friends, peers, industry contacts, prospects and ultimately, no clients.
In my practice, particularly with newer attorneys, I hear consistently: “I do not have a list, how (or why) do I get one?” and “I don’t know anyone to add to a list.” Unless you live in a cave on a deserted island, you have all the tools you need to grow your own quality contact list.
To be clear, a contact list should be comprised of a group of people who are interested, engaged and willing to both talk
about and share your messages. These most likely will include:
Friends and family•School classmates (law school, college, •high school, etc.)Peers and former co-workers•Contacts from former clerkships•Professional contacts (YLC members, •Chamber YP contacts, etc.)Association contacts•Community contacts•Holiday card recipients, and so on•
In short, most people with whom you come into contact who also have a network of contacts.
Living in the age of social media, it has never been easier to develop a network, professional and personal. We all “know” people and they “know” people, etc. Point being, it is imperative to “collect” contacts as you move along your career, even as early as “day one” as a lawyer.
Collecting names in and of itself is useless, but rather, how you get and stay connected is the real prize. Old-time thinking of others
has not gone out of style and is an effective means of cultivating relationships with others who may be in a position to directly refer you new business and/or introduce you to new prospects.
In our hyper-busy work lives, time is of the very essence so we must be highly intentional of reaching out to our networks. Email marketing programs such as Constant Contact, Mail Chimp, Vertical Response and others are a highly effective tool to send a quick Legal Alert and/or e-newsletter to an email distribution list of many of your contacts on a regular basis. Once you create the email template, it literally can take less than five minutes to import content and send a communiqué out to your contact list.
Too many lawyers I coach sadly make the mistake of omission of not focusing on their list as soon as they start their legal career. Five or more years later when they realize they need to concentrate on expanding their network and educate their contacts to the legal services they provide, they find that
Continued on Page 19
Page 14 THE BARRISTER JUNE 2013
However, many states have modified versions of the Collateral Source Rule and other states permit subrogation rights for the collateral source to collect either against the defendant or by placement of a lien on the personal injury settlement. The effect of the ACA on personal injury settlements in these jurisdictions will depend on the form of the Collateral Source Rule in effect in any given state.
Other states have completely abrogated the Collateral Source Rule. In those states defendants may argue that they no longer need to pay large sums of money to the injured plaintiff for future medical care. Instead, they should only be responsible for the defendant’s out-of-pocket expense. Therefore, an argument can be made in those states without a Collateral Source Rule that damage awards for health expenditures should be capped at a maximum of $6,250 for an individual in 2013. However, this cap would apply only to future health care expenditures covered by the ACA. The ACA provides coverage for acute care, rather than chronic care. Therefore, home and community-based services, such as attendant care, home care, assisted living facilities, and nursing homes, would not be covered. At this writing, it is too early to determine what else will not be covered.
There is also an argument being made that once the ACA is fully implemented, there is little reason to continue the Collateral Source Rule. If the rule is discontinued, this would be significant tort reform. The argument against the Collateral Source Rule is that it results in double recovery for some claimants and inflated insurance costs.
Whether or not personal injury awards are reduced because defendants are not required to pay for future medical expenses covered by the ACA remains to be seen. Unless and until the Collateral Source Rule is repealed, it is likely that personal injury settlements will include a component for future medical care.
The Impact of the Affordable Care Act on Personal Injury
SettlementsContinued from Page 7
VERDICTS OF THE COURT Superior Court of New Jersey
VERDICT: No Cause (3/28/13)Case Type: Medical Malpractice Judge: Lee A. Solomon, P.J., Cr.Plaintiff’s Attys: Jeffrey A. Krawitz, Esq. and Michael
C. Ksiazek, Esq.Defendant’s Atty: Thomas M. Walsh, Esq.L-1961-09 Jury
VERDICT: No Cause (4/4/13)Case Type: Auto NegligenceJudge: Robert G. Millenky, P.J., Cv.Plaintiff’s Atty: Brian Katz, Esq.Defendant’s Atty: Diane Magram, Esq.L-1235-11 Jury
VERDICT: No Cause (4/4/13)Case Type: Auto Negligence Judge: John A. Fratto, J.S.C.Plaintiff’s Attys: Rocco Cipparone, Jr., Esq. and Lucille
A. Bongiovanni, Esq.Defendant’s Atty: William H. Hanifen, Esq.L-537-11 Jury
VERDICT: Damage Verdict: $50,000 Against Defendant ($75,000 verdict molded per agreement) (4/10/13)
Case Type: Auto NegligenceJudge: Louis R. Meloni, J.S.C.Plaintiff’s Atty: William Weiss, Esq.Defendant’s Atty: Everett Simpson, Esq.L-5855-11 Jury
VERDICT: Damage Verdict: $500,000 Against Defendant (4/11/13)
Case Type: Auto NegligenceJudge: John A. Fratto, J.S.C.Plaintiff’s Atty: David K. Cuneo, Esq.Defendant’s Atty: Diane Magram, Esq.L-3747-11 Jury (6)
VERDICT: No Cause (4/11/13)Case Type: Contract Judge: Stephen Holden, J.S.C.Plaintiff’s Atty: Jason LeBoeuf, Esq.Defendant’s Atty: Steve Rudolph, Esq.L-6143-11 Jury
VERDICT: No Cause Liability Verdict: 66% Against Plaintiff, 34% Against Defendant (4/15/13)
Case Type: Auto Judge: Deborah Silverman Katz, J.S.C.Plaintiff’s Atty: Saul Steinberg, Esq.Defendant’s Atty: Robert Kaplan, Esq.L-4050-10 Jury (8)
VERDICT: Damage Verdict: $10,000 Against Defendant (4/15/13)
Case Type: Auto NegligenceJudge: John T. Kelley, J.S.C.Plaintiff’s Atty: Marc Weinberg, Esq.Defendant’s Atty: Daniel Distasi, Esq. L2565-11 Jury (8)
VERDICT: No Cause Declaratory Judgment Action on Issue of UIM Coverage Decided in Favor of Defendant (4/16/13)
Case Type: UIM Judge: Louis R. Meloni, J.S.C.Plaintiff’s Atty: Daniel Snyder, Esq.Defendant’s Atty: Colleen Ready, Esq.L-3577-10 Bench
VERDICT: Case Settled During Jury Selection (4/22/13)
Case Type: Auto Judge: Deborah Silverman Katz, J.S.C.Plaintiff’s Atty: Mark Nathan, Esq.Defendant’s Atty: Diane Magram, Esq.L-1444-11 Jury (7)
VERDICT: No Cause (4/24/13)Case Type: Auto NegligenceJudge: Robert G. Millenky, P.J., Cv.Plaintiff’s Atty: Bruce Wallace, Esq.Defendant’s Atty: Karin Coger, Esq.L-2492-11 Jury
VERDICT: Damage Verdict: $45,000 Against Defendant (4/29/13)
Case Type: Medical MalpracticeJudge: John T. Kelley, J.S.C.Plaintiff’s Atty: Ronald Pollack, Esq.Defendant’s Atty: Jonathan Weiss, Esq. and Brian
Spiegel, Esq.L-6378-09 Jury (8)
VERDICT: Liability Verdict: 100% Against Plaintiff, Damage Verdict: $5,500 Against Defendant (4/29/13)
Case Type: AutoJudge: Deborah Silverman Katz, J.S.C.Plaintiff’s Atty: Samuel Kafrissen, Esq.Defendant’s Atty: Rodd Dewitt, Esq.L-2063-11 Jury (6)
Get Involved and Shape the Future of Your AssociationA major benefit of your CCBA membership is the opportunity
to serve on one of the many Association substantive law committees. Committee participation offers you a voice in the future of YOUR professional organization. As a new Bar year begins, committee appointments will be one of the first official acts of President Gary Boguski. Let Gary know how you want to be involved!
Use the committee call list included in this month’s inserts and return it to Bar Headquarters with your committee choice(s) indicated. Committee involvement is important to the future of the Association, and a terrific way to meet and network with fellow lawyers, judges and other members of the legal community. The strength of your Association depends upon the strength and activities of its committees.
JUNE 2013 THE BARRISTER Page 15
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32. Have you addressed how you plan to establish an effective chain of command?
33. Do you know the profitability of particular services (i.e. which ones will be money makers, which ones need volume, which ones
are dogs)?
34. Are you able to work in the practice prior to committing (confidentiality agreements)?
35. Can part or all of the wages you earn be applied to the buy-in/purchase price?
36. Have you conferred with vendors to check their knowledge of the firm, the partner’s/seller’s payment practices, integrity and acumen, continuation of credit terms to you, etc.?
37. Have you analyzed the partner’s/seller’s perks (i.e. necessary vs. additional compensation)?
38. Have you conferred with clients to see if they will continue to patronize the practice?
39. Have you conferred with lost clients, looking for “skeletons”?
40. Have you conferred with previous associates/partners?
41. Have you considered how you will manage any remaining college or law school loans (i.e. consider finding out about deferment by going to www.salliemae.com, by looking to Student Lawyer published by the Law Student Division of the ABA or reaching out to specific lenders)?
42. Have you considered what will be Plan B if this doesn’t work out?
Merging, Starting or Buying (or Buying into) a Practice?Continued from Page 5
Welcome new members April 2013
Active (5)
Kelly Barse, Esq.Simeone & Raynor, LLC1522 Route 38Cherry Hill, NJ 08002P: 856-663-6700
Lucille A. Bongiovanni, Esq.Law Offices of Rocco Cipparone203-205 Black Horse PikeHaddon Heights, NJ 08035P:856-547-2100
Andrew Chigounis, Esq.LaVan Law11 East Main StreetMoorestown, NJ 08057P: 856-235-4079
Ralph Gerstein, Esq.12 Canoe Brook DriveWest Windsor, NJ 08550P: 609-558-0031
Andrew Klein, Esq.Drinker Biddle & Reath, LLP105 College Road EastPrinceton, NJ 08542P: 215-988-2632
Law Students (1)
Ilene LamplittSchool: Rutgers Camden39 Crofton CommonsCherry Hill, NJ 08034
John NeckonchukSchool: Rutgers Camden145 Whitman AvenueStratford, NJ 08084
Page 16 THE BARRISTER JUNE 2013
800-838-BIRE (2473) • www.bireswan.com
Stuart A. Leibowitz, Managing PartnerDennis M. Freedman, Partner
Joel A. Goodhart, Founder & Partner
through informed decision making.
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We rely on members to provide announcements for the Legal Briefs section. If you have a new member of the firm, you’ve moved or you or a member of your firm has received an award or recognition for a professional or community activity, we want to know and share it with fellow bar members. Please email your submissions to [email protected].
Legal briefs
Richard Lawrence Friedman is pleased to announce the opening of his law office where he will continue to practice in the areas of criminal defense, motor vehicle defense and arbitration in civil litigation . He was formerly with Aveno and Friedman for 35 years . The office is located at 415 Federal Street, Camden, NJ 08103 . The phone number is (856) 964-9500 and the fax number is (856) 338-0217 .
Capehart Scatchard Shareholder Ralph R. Smith, III spoke at the “14th Annual Best Practices in Labor and Employment Law” seminar sponsored by Sterling Education Services, Inc . The seminar took place in Wilmington, DE . His presentation focused on the increased employer’s risks associated with using social media networking sites for employment decisions and the best practices and policies to minimize those risks .Mr . Smith is Vice Chairman of the Labor and Employment Department . He concentrates his practice in the areas of labor and employment law, and complex commercial litigation .
Kimberly Alford Rice recently presented “Marketing Basics to Survive and Thrive in 2013” to the Middlesex Bar Association’s membership . Among her topics, Rice outlined how lawyers can make their network work for them to cultivate and forge strategic relationships for business development as well as the imperative of developing and executing a solid business development plan for success .
Capehart Scatchard Shareholder Amy C. Goldstein, was featured in a May 1, 2013 Burlington County Times article entitled “Mount Laurel Attorney Weighs in on Alimony Reform .” The article references a bill recently introduced in the state Assembly that would eliminate permanent alimony in New Jersey and refine guidelines for awarding other types of alimony after the dissolution of a marriage or civil union . Ms . Goldstein’s practice areas include marital and civil union dissolutions, alimony, child support, cohabitation and prenuptial agreements, child custody and related matters .
Stella M. Tsai and Carlton L. Johnson, Partners with Archer & Greiner in Philadelphia, have been named Pennsylvania Diverse Attorneys of the Year for 2013 by the editorial staff of The Legal Intelligencer, the Philadelphia-based legal journal .
In the diversity supplement, The Legal noted Mr . Johnson’s key role in the creation of Archer & Greiner’s Diversity Scholarship Program at Temple University’s Beasley School of Law, and recognized Ms . Tsai’s wide-ranging practice encompassing litigation, transactional and regulatory matters, including representation of multi-national companies, as well as her extensive involvement in leading civic organizations and causes .
Kimberly Alford Rice, Principal of KLA Marketing Associates recently addressed an audience of women trial lawyers during the New Jersey Association for Justice’s annual Boardwalk Seminar at Bally’s in Atlantic City Rice presented “Business Development Boot Camp: Inspiring Women to Realize Their Career Dreams” which outlined critical steps women lawyers may take to propel their practices forward .
Raymond, Coleman, Heinold & Norman, LLP ., Moorestown, is pleased to announce that Armando V. Riccio has joined the law firm as a Partner and will chair the firm’s labor and employment group . Mr . Riccio’s practice is concentrated in representing management in the public and private sector in employment related matters such as discrimination, harassment, retaliation and wrongful termination claims . Mr . Riccio also conducts investigations of discrimination and harassment claims, training sessions on workplace discrimination and harassment issues, advises clients regarding employment practices and procedures and provides services as an independent hearing officer .
JUNE 2013 THE BARRISTER Page 17
Wills for Heroes Event Gives Back to Local First Responders
By Benjamin E. FosterPresident Elect, Rutgers Law Student Bar AssociationPresident, Rutgers Law Estates and Trusts SocietyJD/MBA Candidate – 2015
There is a large building on the Rutgers Law School campus in Camden, the Clark Commons Bridge, which extends over Fifth Street. The Bridge is one huge room and it is the hub where law students can be found chatting, eating, studying and napping. The Bridge is relatively quiet on Saturday mornings but such was not the case on Saturday, April 13th, when members of the Camden County Bar Association, Rutgers Law alumni, New Jersey notaries and current students at Rutgers Law-Camden joined forces and volunteered their Saturday to serve the estate planning needs of police, fire and emergency medical personnel through the Wills for Heroes Foundation (WFH).
WFH is a national nonprofit sponsored by Ballard Spahr, LLP. Its mission is to connect volunteer attorneys with first responders in order to create will packages free of charge for those who place themselves in harm’s way every day to serve our communities. During the course of the day, 34 attorneys and 30 students worked together to provide wills and power of attorney documents to nearly 40 local first responders, their spouses and partners.
The event was hosted by Rutgers’ Estates and Trusts Society which teamed up with the Camden County Bar Association’s Probate & Trust Committee and Ballard Spahr. Association President, Brenda Lee Eutsler, Esquire, is an Adjunct Professor at Rutgers Law and serves as the Faculty Advisor for the Estates and Trusts Society. Professor Eutsler is a strong advocate for student involvement in community service and firmly believes students realize important lessons from participating in programs such as WFH. “The students worked side-by-side with attorneys who eagerly shared their knowledge and experience with the students. The lawyers also provided a great mentoring experience for the students who learned first-hand the importance of giving back to your communities,” observed
Professor Eutsler.The event did not commence without a few IT glitches. While WFH
Co-founder Daniel McKenna, Esquire of Ballard Spahr’s Philadelphia office trained the attorneys, a couple of the computers used to create the documents malfunctioned, threatening scheduling chaos. Fortunately, Estates and Trusts Society Treasurer, Jonathan Tung, sprang into action and creatively solved the IT problems. As the first responders were arriving, Jonathan cleared the last IT hurdle and the day ran smoothly thereafter, allowing each scheduled responder to be served as promised.
The coordination of 60 volunteers and 32 appointments could have been chaos but the students implementing the program handled their duties with expediency and efficiency. Student volunteer, Brian Herman, took charge of the registration desk and was able to simultaneously make first responders feel welcomed and relaxed during intake while deftly assigning each attorney, student and responder to the designated stations.
The police, fire and emergency medical personnel were the focus of the day. Each openly expressed his or her gratitude to the attorneys and students and shared their relief at having finally completed their wills. Only four days after the tragic loss of Philadelphia firefighter Capt. Michael Goodwin, the volunteers and responders both approached the event with a heightened awareness of its importance. In the wake of the subsequent tragedies at the Boston Marathon and the factory explosion in Texas and the stories of first responders losing their lives to save others, serving the first responders on April 13th was even more poignant for the attorneys and students who served the first responders.
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JUNE 2013 THE BARRISTER Page 19
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Bette E. Uhrmacher was a Judge of the Superior Court of New Jersey for more than 15 years, serving in all three divisions. Seven of those years were served in the Civil Division where she recently managed the medical malpractice calendar. Judge Uhrmacher has handled a broad spectrum of civil cases aswell as handling some probate and general equity matters. For four years, Judge Uhrmacher was Presiding Judge of the Criminal Division.
Prior to joining the bench, Judge Uhrmacher served as the Chief of the Civil Division of the U.S. Attorney’s Office for the District of New Jersey. Additionally, she was Attorney-in-Charge of the Trenton U.S. Attorney’s Office, and appointed to a Senior Litigation Counsel position. She also served as an Assistant U.S. Attorney for the District of New Jersey.
Throughout her career, Judge Uhrmacher has been active in Teaching and Continuing Legal Education programs. Currently, she serves as Chair, Haydn Proctor Inn of Court, Monmouth County and will be teaching a Trial Advocacy course in the Fall.
Judge Uhrmacher has received consistently high ratings from attorneys appearing before her in each of the New Jersey Law Journal surveys of the Judiciary.
Judge Uhrmacher received a JD from the University of Texas at Austin and a BS from Simmons College, Boston, Massachusetts.
Please call Mike Carney at (215) 564-1775 to submit your case for Judge Uhrmacher.
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they can’t put the “toothpaste back into the tube” of individuals with whom they have lost touch.
It is critical to develop a clean, accurate and precise contact list in order to engage in specific marketing initiatives such as sending out e-newsletters, direct mail campaigns, blogging, seminars, trade show conferences, and anywhere you want to demonstrate your area of expertise and communicate directly in front of those individuals who may retain you directly and/or refer you to others.
During the summer months, pace yourself with actively attending targeted networking events, and then go with a positive spirit of meeting and engaging new contacts productively. There are so many nuances to networking effectively that we all can learn from but suffice it to say that if you are talking more than you are listening, you are not optimizing your networking time.
To leverage your networking time, be sure to have a plan in place to follow up with each new contact within 1-2 days following the event with a simple email to stay on their radar. If you deem that someone you met may have little value to you, keep in mind that, at this point, you do not yet know the extent of their network. Do not undervalue the strength of the extrapolating value of networking. For sure, we are all living in a “linked in” world and it can be amazingly powerful for helping you build and grow a prosperous practice.
Take advantage of the summer months to get and stay connected with your growing network. It is one of the most impactful business development initiatives in which you can engage
LAW PRACTICE MARKETING
Leverage Summer Months to Grow NetworkContinued from Page 13
Page 20 THE BARRISTER JUNE 2013
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Success Story from the South Jersey Legal Services, Inc.
Private Attorney Involvement ProgramBy John “Jake” Van Dyken, Esq.
As an attorney, I feel an obligation to provide pro bono services to those in need. I have represented multiple battered women in domestic violence matters during my career and I encourage all attorneys of whatever age or experience to devote some measure of their professional time to pro bono efforts for those who cannot afford counsel.
In a recent case through the South Jersey Legal Services, Inc. (SJLS) Private Attorney Involvement Program (PAI), I represented a young woman of Turkish descent residing in Burlington County who was severely beaten by her husband during a violent encounter in December of this past year. On the night in question, she was traveling as a passenger in a motor vehicle with her husband and daughter from another relationship. An argument ensued and at some point, her husband began striking her. Subsequently, he stopped the vehicle on the side of the road and dragged her out continuing to beat her. He told her he was going to take her to a nearby field and kill her. Thankfully, police were notified in time by a concerned neighbor. The husband fled in the car, which he drove to nearby railroad tracks and set afire for unspecified reasons. He was ultimately apprehended, arrested, and charged with multiple felonies. A temporary restraining order was entered at the request of law enforcement.
Subsequently, the woman sought a final restraining order, but she did not have the financial resources to hire an attorney. She sought and received help from Providence House, which is a local organization offering free services to victims of domestic violence. Providence House referred her to SJLS, which quickly supplied her with experienced counsel on a pro bono basis.
At the final restraining order hearing, facing multiple criminal charges, her husband consented to the entry of the final restraining order requiring him to stay a certain distance away from her and her biological children. In addition, he was ordered to pay spousal support, rent and restitution to the State. The woman was extremely pleased with the services of counsel through SJLS and plans on divorcing her husband and returning to school to begin a new life.
As a solo attorney practicing in South Jersey, I encourage all attorneys to devote some time to representing victims of domestic violence and offering pro bono services in general. It is our duty to ensure justice is secured by all especially those who cannot afford counsel. If you would like to volunteer, please contact Michelle T. Williams, Esq., Director of Pro Bono Services and Centralized Intake at SJLS, at (856) 964-2010 ext. 6229 or [email protected].
John “Jake” Van Dyken is a solo attorney with a general practice in Moorestown, N.J. Email: [email protected]
