The Straight Word. Run for the Bar 5K. Installation Dinner Dance. Mark Your Diary. Join us for a fun, casual celebration. April.

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1 The Straight Word Vol. XLX, No. 4 Burlington County Bar Association April 2015 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 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 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) with questions. See you there! 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 April 2015 The Straight Word 1

2 New Members Lisa McLeod, Esq. LaVan Law 11 East Main Street, 2nd Floor Moorestown, NJ (856) Fax: (856) Leighann Reilly, Esq. Rabkin Law Offices, P.C Route 70 East, Suite 202 Cherry Hill, NJ (856) Fax (856) Stephanie Malone-Zeitz, Esq. Stern & Eisenberg, P.C N. Kings Highway, Suite 407 Cherry Hill, NJ (609) Fax (856) Amber J. Monroe, Esq. Gary C. Zeitz, LLC 1105 Laurel Oak Road Voorhees, NJ (856) Fax (856) Members on the Move David R. Dahan, Esq. Hyland Levin LLP 6000 Sagemore Drive, Suite 6301 Marlton, NJ (856) Fax (856) Bar Briefs Volunteers Needed Members in the News 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, 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. 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) ext or Thank you. The Straight Word Published Monthly by The Burlington County Bar Association 137 High Street, 3rd Floor Mt. Holly, NJ Website: Phone: (609) Fax: (609) Lawyer Referral Service: (609) OFFICERS Roger Lai...President Kevin Walker...President-Elect Elizabeth M. Garcia... Vice President Douglas L. Heinold...Treasurer Jennifer Stonerod...Secretary TRUSTEES : Joan M. Burke Richard C. Klein Steven A. Traub John A. Zohlman, III : Cedric Edwards Nikitas Moustakas Richard J. Nocella Daniel Posternock : Kim C. Belin Emmett S. Collazo Pamela A. Mulligan Reema Scaramella YOUNG LAWYER TRUSTEES : 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. 2 The Straight Word April 2015

3 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 s 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 s. 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 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 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) April 2015 The Straight Word 3

4 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) By Janice L. Heinold Wine Pick of the Month 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 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! 4 The Straight Word April 2015

5 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 (OBRA- 93). 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 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 U.S.C. 1396p(d)(4)(A) U.S.C. 1396p(d)(4)(A). 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. (Continued on page 13) April 2015 The Straight Word 5

6 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. 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?? Partner Spotlight: A Good Up Front Liability Investigation (Continued from page 4) 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. 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 : 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. 6 The Straight Word April 2015

7 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 NEW JERSEY 35 Kings Highway East Haddonfield, NJ Tel Fax PENNSYLVANIA 123 South Broad Street, Suite 2500 Philadelphia, PA Tel Fax When your client needs their judgment collected, The Burlington Straight Forward let the Big Dogs handle it... Publication: Size: 7.5 inches wide x 5 inches high Date: 2015 Agency: Karp Graphic Design Contact: Client: Contact: Barbara Karp Stacy Clark Marketing LLC Stacy Clark, Esq Kings Highway Suite 300 Cherry Hill, NJ (856) SLGCollect.com NJ: Cherry Hill Lawrenceville PA: Philadelphia West Chester 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

8 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. Bench/Bar Luncheon (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 (l to r) Denis Germano and Kevin Aberant 8 The Straight Word April 2015

9 WE UNDERSTAND YOUR TERMS. Getting the loan* you need for your practice is easier when your bank speaks your language. And faster, too after 160 years in the neighborhood, we know the right people to get you approved quickly. For everything from small business credit lines to term loans and commercial mortgages, we work with you to tailor a plan that fits your needs. Because we both know that, with a strong partnership, great things happen. For more information, get in touch with Tom Kelly at or Or stop by any of our 60 locations in NJ and PA. Have a Beneficial Conversation today. Equal Housing L E N D E R *All loans subject to credit approval. BENR beneficial_BCBA_Ads_FNL.indd 1 11/14/13 5:55 PM April 2015 The Straight Word 9

10 ASSOCIATION BOARD Summary of the Association Board Meeting Serving the Legal Profession for over 20 years Services Digital Forensics Laptops, Workstations, Servers, Cell/Smart Phones, Tablets, GPS, Removable Devices, Applications, Internet History, Chat/Event/ Transaction/Firewall/IDS/IPS Logs, Network Traffic, Social Media, Websites, , Malware/ Spyware Data Recovery Camera/SD Cards, Flash Drives, Laptops, Workstations, Servers, RAID Arrays, Logical, Physical, Clean Room Incident Response Blend of Security and Forensics 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. ediscovery Data Mapping, Collection/ Preservation, Filtering/ Pre-Processing, Investigation, Testimony ediscovery Outsourced Partner Services Processing, Hosting, Review, Production Network Security Audits, Assessments, Penetration Tests Consulting DFDR CONSULTING dfdrconsulting.com 10 The Straight Word April 2015

11 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. 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. 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. 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. 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 more, read the full article on NJ.com: politics/index.ssf/2015/02/major_changes_to_nj_drunk_ driving_law_reach_christ.html#incart_m-rpt-1 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 or via at April 2015 The Straight Word 11

12 Burlington Vicinage Civil Jury Trial Verdicts January, 2015 Parties Type of Case Date of Verdict Judge Arbitration Award OUTCOME Frazier vs. Trout Auto (Verbal) 1/22 Little $55,000/100% deft No Cause Attorneys: P: Conrad Bennedetto/Tom Massciochi; D: Rodd DeWitt L Civil Jury Trial Verdicts February, 2015 JURY VERDICTS 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 Peters vs. Saintelien Auto (Verbal) 2/18 Herman $50,000/100% deft No Cause Attorneys: P: Domenic Sanginiti; D: Rachel Haninczak L-L Streichert vs. Wegmans PI 2/20 Little $173,000/75% deft $100,000 in favor of pltf Food Markets Attorneys: P: Thomas Farnish; D: Walter Klekotka L Coleman vs. Paull Auto (Verbal) 2/24 Little $40,000/100% deft No Cause Attorneys: P: Jonathan Marx; D: Melissa Bishop (high-low; low = $5,000) L The Straight Word April 2015

13 Eagle Eye Adjustment Company, LLC Paul J. Balkam PO Box 823, Marlton, NJ Telephone/text: Fax: Comprehensive bodily injury investigations for attorneys. (First one FREE. Call for details.) Process serving and courier service. FOR LESS THAN WHAT YOU ARE CURRENTLY PAYING!!! We find PEOPLE for you (when theyʼve apparently disappeared ). We find COVERAGE for you (when youʼre apparently being ignored ). Our website: Call Today! Top Ten Mistakes in Drafting Special Needs Trusts (Continued from page 5) 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 appropriate manner. 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. OF COUNSEL OPPORTUNITY OFFICE FOR RENT with Possible Referrals Receptionist/Conference Rooms Secretarial Station Convenient Mount Laurel Location Prestige Building April 2015 The Straight Word 13

14 American Investigative Services James F. Hansen Private Investigator Process Server Process Server PER DIEM & DIVORCE MEDIATION 110 Threadleaf Terrace 110 Threadleaf Terrace JENNIFER C. APELL, ESQ., LL.M Burlington, New Jersey Burlington, New Jersey Fax Fax Need space for depositions in Mercer County? Rent Former law clerk to Superior Court Judge office, conference, training, and meeting rooms by the hour, Please call (856) & leave message day, week or month. Ibis Venue Center, 3525 Quakerbridge Road, Suite 903, Hamilton, NJ x103 MOORESTOWN MOORESTOWN OFFICE SPACE OFFICE SPACE One room to 2000 One room to 2000 square square feet. feet. Call Jim Wilson: Call Jim Wilson: (609) American Investigative Services James F. Hansen Private Investigator Divorce Mediation - private and court appointed Per Diem includes: Divorce Motions, Mediab research, appearances, Family law, estates, wills, civil litigation, real research, estate, appe pro MOORESTOWN HELPING ATTORNEYS professionally & personally OFFICE SPACE PAULA SUSAN, MSW, LCSW One room to 2000 Relationship & Trauma Specialist square feet. Masters in Social Work & Psychology Call Jim Wilson: See P P A-1 COURIER SERVICE 24 HOURS ~ 7 DAYS ~ SAME DAY DELIVERY Process Service Available Now Offering Document Destruction/Paper Shredding HELPING ATTORNEYS professionally & personally PAULA SUSAN, MSW, LCSW Relationship & Trauma Specialist Masters in Social Work & Psychology See American Investigative Services James F. Hansen Private Investigator Process Server 110 Threadleaf Terrace Burlington, New Jersey Fax LRS/Pro Bono/Legal Services Committee Meeting Wednesday, April 29 at 4 p.m. at South Jersey Legal Services, Inc. Burlington County Office 107 High Street, Mt. Holly ALL ARE WELCOME! PER DIEM & DIVORCE MEDIATION JENNIFER C. APELL, ESQ., LL.M Divorce Mediation - private and court appointed Per Diem includes: Motions, briefs, research, appearances, Family law, estates, wills, civil litigation, real estate, probate Former law clerk to Superior Court Judge Please call (856) & leave message PROFESSIONAL OFFICE SPACE AVAILABLE BLASON PLAZA 505 S. LENOLA ROAD MOORESTOWN, NJ CONTACT JOHN RAVIKIO COMMERCIAL REAL ESTATE & APPRAISING OFFICE SPACE AVAILABLE BURRS ROAD OFFICE CENTER I0I Burrs Road, Westampton, NJ FOR LEASE: 1875 sq. ft. finished law office, w/parking Near Exit 5 of NJ Turnpike and Route 295. FOR LEASE: Up to 4,500 sq. ft. Route 38, Hainesport, NJ UP TO 5000 SQ. FT. professional offices; WILL DIVIDE on Woodlane Road, Westampton Twp. FOR LEASE: Single or multiple professional offices; beautiful historic office building in Mount Holly. CALL TERRA ASSOCIATES (609) The Straight Word April 2015

15 April 2015 The Straight Word 15

16 The Straight Word Burlington County Bar Association 137 High Street, 3rd Floor Mount Holly, NJ PRESORTED STANDARD US POSTAGE PAID PERMIT 1822 BELLMAWR, NJ As Certified Civil Trial Attorneys, we have and will pay one third referral fees to those attorneys who give us the opportunity to serve their clients. Andrew A. Ballerini Certified Civil Trial Attorney Million Dollar Advocates Forum Member Accepting Referrals of Serious and Catastrophic Injury Cases Including: Nursing Home, Medical Malpractice, Product Liability, Premises Liability, Truck & Automobile Injuries Richard J. Talbot Certified Civil Trial Attorney Million Dollar Advocates Forum Member N.J.A.J. Board of Governors A.A.J. Nursing Home Litigation Group Member BRAIN ANEURYSM HIP SPINE ANKLE ELBOW PRESSURE ULCER See other We RELENTLESSLY represent our clients using our valuable resources to help prove the significance of OUR CLIENTS INJURIES! Recent case results include: $260K Nursing Home Neglect Fractured Prosthetic Hip/Hip Pressure Ulcer $300K Slip & Fall During Storm Fractured Prosthetic Knee $415K Nursing Home Neglect Pressure Ulcer $490K Truck Accident Lumbar Fusion Partial Disability $990K Nursing Home & Assisted Living Facility Neglect Multiple Pressure Ulcers $400K Recovery Pain & Suffering for Fatal Fire (Verdict of $375K plus $25K Settlement) $500K Jury Verdict Excess Over Remainder of $100K CSL Policy Against Allstate Insureds with Offer of Judgment for Policy Herniated Discs $500K Nursing Home/Hospital Neglect Pressure Ulcers $750K Nursing Home Neglect During Rehab Admission Infected Pressure Ulcer-Surgery $950K Nursing Home Neglect Failure to Recognize and Act Upon Signs of Stroke

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