In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013), certif. denied, 217 N.J. 303 (2014), the Appellate Division rejected a legal malpractice claim filed by sons against their father’s estate planning attorney. When widower Mr. Salvemini contemplated remarriage, he and his sons went to attorneys Spector & Dimin, who.. read more →
A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the defendant law firm owed a duty of care to explain the terms of an agreement to a client even though they were unambiguous and the client was a sophisticated businessman who personally negotiated the agreement without assistance from defendant. Cottone.. read more →
New Jersey appeals court ruled pro se litigants who bungle their own cases can seek redress under the same rules as litigants whose cases are bungled by negligent lawyers. The Ridge at Back Brook v. Klenert, Docket No. A-2345-12T1 (App. Div., August 12, 2014) Plaintiff, The Ridge at Back Brook, owns an 18-hole golf course.. read more →
In a case recently decided by the United States Court of Appeals for the Third Circuit, a New Jersey ethics rule restricting lawyers from using complimentary statements by judges in attorney advertising was found to violate the constitutional right to free speech. Dwyer v. Cappell, Docket No. 13-3235 (3d Cir., August 11, 2014) In 2007,.. read more →
Trial lawyers must know where the ethical line is drawn between properly investigating jurors and improperly communicating with them. In today’s Internet-saturated world, the line is increasingly blurred. Therefore, the ethics committee of the American Bar Association (ABA) recently issued an opinion describing a trial lawyer’s ethical obligation when reviewing jurors’ information on the Internet in.. read more →
A California appeals court held that a trial court’s order directing a trial attorney to remove posts from her law firm website touting her successes constituted an unlawful prior restraint on the trial attorney’s constitutional right to free speech. Christie Steiner v. Superior Court of Santa Barbara County, 2d Civil No. B235347 (Super. Ct. No… read more →
Chen Li has been associated with the Law Office of Donald Vanarelli since 2007. Chen was born in Shanghai, China. After completing high school in China, she immigrated to New York in the late 80’s. Chen earned a B.A. from Queens College, City University of New York, Flushing, New York. She obtained her J.D. from.. read more →
In a decision that could have a big impact on all bloggers in New Jersey, a New Jersey trial judge ruled a self-declared “citizen watchdog” blogger has the same legal protections as a professional journalist. In re January 11, 2013 Subpoena by the Grand Jury of Union County, New Jersey, Prosecutor’s Docket No. 12 – 0001. Plaintiff,.. read more →
Social media websites like Facebook, Twitter and LinkedIn often contain an enormous amount of highly personal information. Lawyers frequently mine social media websites for relevant evidence to be utilized in court when users of social media are involved in lawsuits. In general, information contained in social media websites is not protected by legal privilege or.. read more →
Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court ruled that plaintiffs in a defamation suit over anonymous postings on a blog may not obtain the writers’ names via subpoena served on the corporate host of the blog. Somerset Development, LLC v. Cleaner Lakewood, Superior Court of New Jersey,.. read more →
Two New Jersey defense attorneys allegedly caused a paralegal to “friend” the plaintiff in a personal injury case so they could access information on his Facebook page that was not available to the public. The Office of Attorney Ethics (OAE) charged that the “friend” request, made “on behalf of and at the direction of” the.. read more →
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by the scrivener of a will to third parties, and declined to extend that duty to the stepson of a decedent who had been omitted from the decedent’s will. In Taffaro v. Connell, No. A-4928-09T2 (App. Div. Sept. 30, 2011), Dolores.. read more →
A new ethics opinion by the American Bar Association, Formal Opinion 10-457 (Lawyer Websites), identifies some of the ethical obligations that lawyers should address in considering the content and features of their websites. The major recommendations which I culled from the ethics opinion follow: (1) Information about Lawyers, their Law Firm, or their Clients. No.. read more →
In the article below, I discussed some interesting (I hope) developments in the rules governing attorney ethics in New Jersey. I also provided links to other ethics resources at the end of the article. Bona Fide Office Rule: Under New Jersey’s “bona fide office rule”, lawyers must have an office where confidential information can be.. read more →
Yesterday, the New Jersey Supreme Court ruled that the attorney-client privilege protects e-mails between a would-be plaintiff / employee and her attorney discussing a possible employment lawsuit against the plaintiff’s employer that were transmitted on the corporate laptop of the employer. In Stengart v. Loving Care Agency, Inc., ___ N.J. ___ (Docket No. A-16-09, March.. read more →
Each year, the Elder and Disability Law Section of the New Jersey State Bar Association holds its annual Elder Law Retreat, an exciting two day event for practitioners and others interested in improving the lives of the aged and disabled in our State. As Vice-Chair of the Section this year, I am in charge of.. read more →
Have you noticed the enormous growth in the user base of the internet and social media? Hard to miss it, I know. The numbers of friends and neighbors, even strangers apparently, who regularly use the internet and social media such as Facebook, Linked In and Twitter is staggering, and the growth rate in the past.. read more →
Starting January 1, 2010, New Jersey joins 42 other states by requiring continuing legal education for every lawyer licensed to practice in the State, including judges, law school professors and in-house counsel. Under a newly adopted court rule, Rule 1:42, New Jersey lawyers must take a minimum of 24 hours of continuing legal education courses.. read more →
Google recently announced that the company was entering into the legal research field. Google Scholar will now allow users to search full-text legal opinions from U.S. federal courts, state appellate and trial courts and legal journals. That’s right – now students, attorneys, clients, and – most importantly – average citizens, can access a free, easy-to-use,.. read more →
Like it has in each of the past six years, the New Jersey Law Journal again published its annual Legal Almanac this year. The Legal Almanac attempts to sum up the condition of the state’s legal profession each year. This year, the Law Journal described the state of New Jersey’s legal profession in four words:.. read more →
In an effort to help the press and public identify and understand important federal appeals court rulings and cases, the American Bar Association’s Standing Committee on Federal Judicial Improvements has launched a new website that will summarize the most interesting or newsworthy recent decisions and pending cases before federal appeals courts. Reporters and others can.. read more →
Here’s a hot news flash (NOT): law firms in 2009 should market themselves on the Internet. This recent message to lawyers and law firms from the American Bar Association seems just a bit dated. But not uninteresting. At the ABA’s Law Firm Marketing Strategies Conference held last week in Philadelphia, the participants in a panel.. read more →
This week, the New Jersey Supreme Court changed the ethics rules to allow lawyers, for the first time, to mention their inclusion in Super Lawyers, Best Lawyers in America, the Martindale-Hubbell AV rankings or other rating services in advertisements and other promotional materials distributed to the public. Under the original Rule of Professional Conduct 7.1(a)(3),.. read more →
Yesterday, the New Jersey Supreme Court announced that it will require mandatory continuing legal education (MCLE) for all lawyers admitted to practice law in New Jersey starting next year. Under the plan, attorneys licensed in New Jersey, including judges, law school professors and in-house counsel, will have to take 24 hours of continuing legal education.. read more →
Recently, The Wall Street Journal and Carolyn Elefant at MyShingle.com reported on a landmark study by the Gallup Poll of 100,826 working adults which examined how occupation affects happiness. In the study, business owners outranked 10 other occupational groups on a composite measure of six criteria of contentment, including emotional and physical health, job satisfaction,.. read more →
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