get cheery with us! - Burlington County Bar Association

The Straight Word
Vol. XLX, No. 10
Burlington County Bar Association
Mark Your
Diary
HOLIDAY CHEER
GET CHEERY WITH US!
December
2
BCBF Wrapping Party – 5 p.m.
Bar Headquarters, Mt. Holly
5
Children’s Holiday Party – 9 a.m.
Special Services School, Westampton
6
Happy Hanukkah!
10 Personal Injury Seminar – 4:30 p.m.
County Office Building, Mt. Holly
15 CLE Xtravaganza – 8 a.m.
DoubleTree Suites, Mt. Laurel
17 BCBA Board of Trustees Meeting – 4:30 p.m.
Medford Village Country Club, Medford
Holiday Cheer – 5:30 p.m.
Medford Village Country Club, Medford
25 Merry Christmas!
January
19 Winter Mixer – 6 p.m.
Scaturro’s, Marlton
20 Joint Bankruptcy Conference – 4 p.m.
Tavistock Country Club, Haddonfield
BCBA Board of Trustees Meeting – 4:30 p.m.
Bar Headquarters, Mt. Holly
BCBF Board of Trustees Meeting – 5:30 p.m.
Bar Headquarters, Mt. Holly
26 Special Civil Seminar – 4:30 p.m.
County Office Building, Mt. Holly
28 Municipal Court Seminar – 4:30 p.m.
County Office Building, Mt. Holly
Inside This Issue
December 2015 Join friends and colleagues for an evening of Holiday Cheer on
Thursday, December 17 at Medford Village Country Club, 28 Golfview
Drive, in Medford. Enjoy open bar cocktails all evening, passed hors
d’oeuvres, including shrimp cocktail and baby lamb chops, an Asian
and sushi station, carving station, pasta station, grilled salmon, and
sides, as well as an ice cream sundae bar for dessert for just $65 per
person. NEW THIS YEAR—live music courtesy of the Bar’s very
own Joann Ellis!
One of the most popular events
of the Bar year, the Holiday Cheer
brings together friends old and new
to celebrate the holiday season. No
speeches, no program, no awards, just
good old-fashioned fun with
your friends at the Bar!
A registration form
is included in this
month’s issue.
Sign up today!
SEEKING NOMINATIONS
LAST CALL FOR HAINES AWARD
Nominations are currently being accepted for the Hon. Martin L. Haines
Award. The Association’s highest honor, the award was created in honor
of the late Judge Haines’ accomplishments as an attorney and judge and
is presented to a member who best exemplifies the qualities of Judge
Haines: personal and professional integrity, devotion to the
legal profession and legal scholarship, and dedication to the
justice system and the people of Burlington County.
It is the Association’s highest award.
21 Construction Law Seminar – 4:30 p.m.
County Office Building, Mt. Holly
President’s Message. . . . . . . . . . . . . . . . . . . .
Wine Pick of the Month . . . . . . . . . . . . . . . . .
You’ve Just Been Diagnosed with
Early Alzheimer’s, Now What?. . . . . . . . . .
Five Lessons Small Law Firms Can Learn
from the Craft Beer Movement . . . . . . . . .
Whine of the Month. . . . . . . . . . . . . . . . . . . .
December 2015
3
4
5
A nomination form is included in this issue of
The Straight Word. Nominations must
be received by December 14, 2015
to be considered.
6
8
The Straight Word
1
The Straight Word
Bar Briefs
Published by
The Burlington County Bar Association
137 High Street, 3rd Floor
Mt. Holly, NJ 08060
New Members
Members
on the Move
Bincy “Anna” Abraham, Esq.
Abraham Law Group
230 N. Maple Avenue, Suite B1 #299
Marlton, NJ 08053
(866) 645-8311 Fax: (267) 200-0449
[email protected]
Jeffrey Jakob, Esq.
Brown & Connery, LLP
360 Haddon Avenue
Westmont, NJ 08108
(856) 854-8900 Fax: (856)858-4967
[email protected]
Kimberly Bennett, Esq.
Law Offices of Manuela M. Morais
7 E. Main Street, Suite 2C
Moorestown, NJ 08057
(856) 222-0130 Fax: (856) 324-9015
[email protected]
Ellen Kearns
Helmer, Conley & Kasselman, P.A.
600 Beverly-Rancocas Road
Willingboro, NJ 08046
(856) 428-5700
[email protected]
Lisa Castellani, Esq.
Information withheld
William Kearns
Helmer, Conley & Kasselman, P.A.
600 Beverly-Rancocas Road
Willingboro, NJ 08046
(856) 428-5700
[email protected]
Joseph William Gable, Jr., Esq.
The Gable Law Firm
1500 JFK Boulevard, Suite 1205
Philadelphia, PA 19102
(215) 839-9028 Fax: (215) 689-2421
[email protected]
Licardo E. Gwira, Esq.
Information withheld
Alicia D. Hoffmeyer, Esq.
Information withheld
Robert J. Melillo, Esq.
Robert J. Melillo, P.A.
130 Paddock Drive
Columbus, NJ 08022
(609) 723-6036
[email protected]
Manuela M. Morais, Esq.
Law Offices of Manuela M. Morais
7 E. Main Street, Suite 2C
Moorestown, NJ 08057
(856) 222-0130 Fax: (856) 324-9015
[email protected]
John Neckonchuk, Esq.
Parker McCay, P.A.
9000 Midlantic Drive, Suite 300
Mt. Laurel, NJ 08054
(856) 985-4097 Fax: (856) 596-9631
[email protected]
Richard N. Paul, Esq.
Information withheld
Dan C. Pelletier, Esq.
The Sokol Firm
35 Kings Highway, Suite 220
Haddonfield, NJ 08033
(856) 528-2012
[email protected]
Samuel Reale
Helmer, Conley & Kasselman, P.A.
600 Beverly-Rancocas Road
Willingboro, NJ 08046
(856) 428-5700
[email protected]
SENIOR ATTORNEYS
LUNCHEON
Thursday,
December 17, 2015
12:30 p.m.
Burlington
Country Club
Mt. Holly, New Jersey
Have lunch with your friends
at the bar.
★★★
Order from the menu individually.
Dutch treat.
★★★
All those interested in attending
are welcome!
(Continued on page 13)
2
The Straight Word
Email: [email protected]
Website: www.burlcobar.org
Phone: (609) 261-4542
Fax: (609) 261-5423
Lawyer Referral Service: (609) 261-4862
OFFICERS
Kevin Walker. . . . . . .
Elizabeth M. Garcia. .
Douglas L. Heinold. .
Jennifer Stonerod . . .
Pamela A. Mulligan. .
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. . . . President
President-Elect
. Vice President
. . . . Treasurer
. . . . Secretary
TRUSTEES
2013-2016: Cedric Edwards
Richard C. Klein
Nikitas Moustakas
Daniel Posternock
2014-2017:
Kim C. Belin
Emmett S. Collazo
John L. Laskey
Reema Scaramella
2015-2018:
Joan M. Burke
Brett E. J. Gorman
Steven A. Traub
Berge Tumaian
YOUNG LAWYER TRUSTEES
2014-2016: 2015-2017: Victoria A. Schall
Samantha J. Foss
Immediate Past President:
Roger Lai
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 publication,
The Straight Word, by way of suggestions
and contributions.
Contributions are welcome, subject to the
deadline of the 10th day of each month.
The Straight Word is published ten times
a year. The right to edit and publish is
reserved.
December 2015
Bar Briefs
(continued from page 2)
President’s Message
By President Kevin Walker
Members in the News
Capehart Scatchard Shareholder, John H.
Geaney, recently spoke at the New Jersey
Food Council seminar held at Forsgate
Country Club in Monroe Township, NJ. Mr.
Geaney addressed fraud issues in New Jersey
workers’ compensation matters. He presented
the leading cases decided by the Appellate
Division dealing with fraud and the impact
of those decisions when litigating a workers’
compensation case. A seasoned workers’
compensation practitioner for over 30 years,
Mr. Geaney is the author of Geaney’s New
Jersey Workers’ Compensation Manual and A
Guide to Employment Issues Under the ADA &
FMLA, distributed by the New Jersey Institute
for Continuing Legal Education. Mr. Geaney
concentrates his practice in the representation
of employers in workers’ compensation defense
matters, the Americans with Disabilities Act,
and the Family and Medical Leave Act.
Thomas A. Muccifori, shareholder with
Archer & Greiner, P.C., was recently named
to SJ Magazine’s editorial Advisory Board. SJ
Magazine, celebrating 15 years of publishing,
is the most widely read magazine in Southern
New Jersey. Headquartered in South Jersey,
every SJ Magazine staff member is a longtime
resident of Southern New Jersey. An attorney
with Archer & Greiner P.C. since 1986 and
a shareholder of the firm since 1993, Mr.
Muccifori has appeared in SJ Magazine
numerous times. The founder and chair of
Archer & Greiner’s Trade Secret Protection and
Non-Compete Practice Group, Mr. Muccifori
litigates business and employment disputes
of all types both in Federal Court and the
Chancery and Law Divisions in state court. He
has gained nationwide experience in drafting,
negotiating, counseling and litigating on behalf
of employers, employees and others in the
trade secret and restrictive covenant context.
Attorney Karen P. Sampson was recently
appointed to serve as a director to the board
of the New Jersey Association of Professional
Mediators (NJAPM) for a three year term.
NJAPM is a non-profit professional association
dedicated to fostering excellence in the field
of mediation. Sampson is a collaborativelytrained family law attorney and an Accredited
Professional Mediator with a practice in
Moorestown, NJ.
During my career as a public defender, I have
conferred with clients in the stairwells of courthouses,
in jury boxes and on the stainless steel benches of
malodorous holding cells. But this was the first time I
had dispensed legal advice in a chapel.
The location was the Sisterhood, a nonprofit that
sits on East Broad Street in Burlington, on the cusp of one of the city’s
more compromised neighborhoods. Run by Rev. Hilda Covington, the
Sisterhood is one of those faith-based organizations that fills a critical
need in urban America, distributing food, clothing and solace to a largely
impoverished clientele.
On this beautiful autumnal day, it served as a site for BCBA’s inaugural
Day of Service, an ABA-sponsored event intended to draw attention to
the nation’s unmet legal needs. And so I found myself in the small, pewlined vestry of the Sisterhood with fellow criminal-law practitioners Katie
Hartman, Dan Rosenberg, Anthony Aldorasi and Shannon Natale, Katie’s
law clerk. We sat at two folding tables while our clients—nearly 50 during
the course of the day—sat quietly on the wooden benches and waited to
discuss the prospects of having their criminal histories expunged.
In a way, the chapel was the perfect setting. These “congregants,” after
all, had come to seek absolution, albeit the type only the state can give,
by way of its expungement statute. But their stories would have been
familiar to any pastor: They were looking for a second chance—a shot at
redemption—by excising from their official records what amounted to, for
many, a youthful misstep (or two).
For some, the news was good. They were eligible for expungement, and we
gave them kits and instructions on how to undertake the exacting process.
But for others, the news was not as heartening. The expungement statute is
narrowly drawn; someone with as few as two disorderly person’s offenses—
hardly the hallmark of a career criminal—is ineligible. And the courts have
not helped, at times giving the law an unnecessarily pinched reading.
For such a generous, big-hearted people, we have allowed our politicians,
intent on scoring easy points, to devise a criminal justice system that can
be harsh and unforgiving—a system that seems to be at odds with the
quintessentially American notion that once you pay your debt to society,
you should be able to move beyond the shadow of your past.
Fortunately, leaders and opinion-makers as diverse as Barack Obama and
the Koch brothers are starting to acknowledge the disabling effect a criminal
conviction, or even an arrest, can have on those seeking employment. A
move is afoot to enact statutes to “ban the box,” the section on a typical
job application that requires a would-be employee to disclose a criminal
history; employers can still ask about convictions but only deep into the
hiring process, after the applicant has had a fair shot at making the cut.
Our legislators in Trenton should get with the program and, in the spirit of
this reform, retool the expungement statute to cast an even broader net for
(Continued on page 14)
December 2015 The Straight Word
3
MESSAGE FROM THE BAR
Wine
Pick
of the
Month
REMEMBER US IN YOUR
HOLIDAY GIVING
Do
you
regularly
support
charitable
organizations during the holiday season
and at other times of the year? If so, please
consider making a donation to your Burlington
County Bar Foundation. A registered 501(c)(3),
the Bar Foundation is a charitable organization
just like the others you may donate to on
a regular basis. The Burlington County
Foundation sponsors numerous community
service projects throughout the year such as
the Children’s Holiday Party for needy children,
scholarship awards, Law Day programs and
awards, grant awards for local high school
civic groups, donations to local charities such
as the Food Bank of South Jersey, and more.
In addition, the Foundation Board of Trustees
is committed to a host of worthwhile causes
and organizations throughout Burlington
County. Our Raising the Bar campaign is also
ongoing. We have made great strides towards
fully funding our offices at 137 High Street,
but we still have a long way to go. Please
consider making a tax-deductible donation to
the Raising the Bar Campaign. A donation form
is included in this issue of The Straight Word.
To make your tax-deductible donation simply
mail a check made payable to the Burlington
County Bar Foundation to 137 High Street,
3rd Floor, Mount Holly, NJ 08060. To arrange
for a specifically appointed donation, such as
one to the Raising the Bar Campaign, you can
send a note along with your check or contact
our offices directly at (609) 261-4542. Please
remember us in your planned giving as well!
ROOMS FOR RENT
The Bar Association
has two conference rooms
available for rent for meetings,
depositions and mediations.
Members get discounted rates.
Conveniently located just steps
away from the courthouse.
Call 609.261.4542 for
more information.
4
By Janice L. Heinold
This past Columbus Day weekend, I visited the Finger
Lakes region of New York State. I had never been there,
and my wine school girlfriends and I decided it was high
time we remedied this glaring omission. For many years,
I simply wrote off wines in the Finger Lakes as being only
off-dry Rieslings. This is clearly not the case anymore! We
were surprised at the quality and variety of wines they are
making. Four of my favorites from the weekend follow.
On the northwestern tip of Lake Seneca, in the town of
Geneva, Ravines Wine Cellars makes consistently lovely
wines, and fun ones, too. Their 2014 Keuka Village White
is a blend of 80% Cayuga and 20% Vignoles, FrenchAmerican hybrid varieties. Melon, Lime, and Grassy notes
grace an incredibly drinkable white. I wish I had bought
more than one bottle of this! $12.95 at the vineyard, it can
also be found in several stores in NYC.
Although many of the Rieslings we tasted were good, as
expected, what really stood out to us were the Chardonnays
(done in a Burgundian style, i.e., apple, pear and mineral
flavors, not flabby, oak-y and buttery). Domaine LeSeurre is
a relatively new winery on the eastern shore of Keuka Lake,
founded by a French couple, Sebastian and Celine LeSeurre.
Their 2013 Chardonnay unoaked was a sublime example.
You’ll have to go to their winery in Hammondsport ($18)
or Saratoga Wine Exchange ($23) for this one.
We knew that the Finger Lakes were known for white
wines, but had no idea how well they were doing red
wines. Ryan William Vineyard and Winery, on the eastern
shore of Lake Seneca, had a delectable, food-friendly 2011
Ryan William Cabernet Franc, with light, peppery notes,
rather than vegetal dirt (yes, that’s a flavor in some bad
Cab Francs). Available at the Vineyard ($20) and in Ithaca
wine shops ($22).
We were especially delighted with the reds from
Hector Wine Company, located on the eastern shore
of Lake Seneca. The winery is a partnership between
Jason Hazlitt, a local viticulturist, and Justin Boyette, a
winemaker from the Northern Rhone in France. We were
privileged to spend over an hour with Emma, the tasting
room manager, who grilled us about WSET while pouring
fantastic Pinot Noirs, Cabernet Francs, and Syrahs. Their
Hector Soul Red, a blend of Chelois, Cabernet Franc,
Cabernet Sauvignon, and Merlot, was incredibly smooth for $16. I should
have bought more. The winemaker has another label, “Forge Cellars,” also
available for tasting and purchase at Hector Wine Company. The 2013 Forge
Cellars Pinot Noir Les Alliés would be mistaken for a Grand Cru from Burgundy
in a blind tasting. $22 at the winery, $28 at Wine Library in Springfield, NJ.
If you do decide to visit the region, we stayed at the Watkins Glen Harbor
Hotel in Watkins Glen, right on the shore of Seneca Lake. The hotel was a
block away from Graft, a great wine and cider bar. The ciders are dry, fizzy and
delicious! Watkins Glen also has State Park full of waterfalls and gorges, for a
beautiful morning hike. And do not miss dinner at Suzanne’s Fine Regional
Cuisine (book well in advance)!
The Straight Word
December 2015
You Have Just Been Diagnosed with Early Alzheimer’s:
Now What?
By Thomas D. Begley, Jr., CELA
Background on Alzheimer’s
According to the American Alzheimer’s
Association, Alzheimer’s disease is
a progressive brain disorder that
damages and eventually destroys brain
cells, leading to memory loss and
changes in thinking and other brain
functions. It usually develops slowly and gradually gets worse
as brain function declines and brain cells eventually wither
and die. Ultimately, Alzheimer’s is fatal and currently, there is
no cure. An estimated 5.3 million Americans of all ages have
Alzheimer’s disease in 2015. Thirty-six percent are age 85 or
older, 43% are between 75 and 84, 16% are between 65 and
74, and 4% are under age 65.
Once an individual is diagnosed with early Alzheimer’s, what
steps should be taken?
Estate Planning Documents
Assuming the client still has mental capacity, the first step
would be to review any existing estate planning documents
and bring them up to date, or if there are no such documents,
to put them in place. These documents include the following:
Directive/Living Will. The Advance Directive gives
instructions for end-of-life decision-making. There are
essentially four choices:
1. Terminate life;
2. Treat aggressively;
3. Medical Power of Attorney only; or
4. Ignore the problem and have a guardian appointed
by a court to make medical decisions.
The first three options make sense, the fourth option does not.
The Living Will should address the individual’s intention with
respect to organ donations, whether or not the individual
wants to make an anatomical gift of their body, and, in the
case of a woman of child-bearing years, whether or not she
wants to be kept alive long enough to deliver a baby. There
should be clear instructions as to whether the Health Care
Representative or the document controls, if there is a conflict
between them. The document should be durable, which
means that it remains in effect even after the incapacity of
the individual signing the document.
(Continued on page 16)
• Will. Wills are designed to transfer property on death.
Wills can contain appropriate tax planning techniques.
Typically, the beneficiaries of Wills include a spouse,
children, and other family member, friends or charities.
The individual must be of sound mind. This is why it is
important to make a Will before the individual diagnosed
with Alzheimer’s deteriorates. The Will disposes of the
individual’s property on death and appoints Executors
and a Trustee, if a trust is established in the document.
• Living Trust. A revocable Living Trust is designed to
avoid probate on the death of the individual. If the
individual owns real estate in more than one state, the
real estate can be transferred to a Living Trust to avoid
probate in multiple states. In these cases, the Will simply
leaves everything to the Trust, and the Trust spells out
to whom the assets are to be distributed. The Trust can
be funded during the individual’s lifetime. A Trustee
is appointed to administer the Trust. The Trust can be
revocable during the lifetime of the person establishing
it. Tax planning can be done in the Trust document.
• Seven locations
• Rent one, access to all
• Virtual & private law offices
• Deposition and arbitration rooms
• Paralegal, reception & IT support
• Living Will and Health Care Power of Attorney. A
Health Care Power of Attorney simply appoints a Health
Care Representative to make medical decisions without
giving any direction to the representative. A Health Care
Power of Attorney can be combined with an Advance
December 2015 The Straight Word
Schedule a tour today!
Call 866.978.7500
[email protected]
www.AmericanExecutiveCenters.com
5
PARTNER SPOTLIGHT – BASHFUL BUFFALO HERITAGE MARKETING AGENCY
Five Lessons Small Law Firms Can Learn from the
Craft Beer Movement
By Matthew R. Litt, Esq.
Founder, Bashful Buffalo
Heritage Marketing Agency
BashfulBuffalo.com
[email protected]
(908) 902-7071
I was never much of a beer drinker. I still don’t drink more than
a few bottles a week, but now I find myself perpetually filling
and re-filling my refrigerator with craft beer, proselytizing to
friends and giving away more than I care to actually consume.
I feel good about supporting and evangelizing for these small
businesses that I can identify with, small businesses which stand
for the things and support communities that I care about.
The David and Goliath story of how the craft breweries wrestled
substantial market share from the traditional monoliths like
Budweiser, Coors and Miller provides a blueprint for small law
firms to compete for market share with the larger ones. Show
some personality and be clear and conspicuous about what
makes you different, and allow clients and potential clients to
identify with you and feel great about working with you.
6
No different than the beer monoliths, larger law firms are of
course far better funded and often have inertia on their side,
two advantages that can seem insurmountable. But just like the
craft breweries, small law firms can win by being smarter, more
flexible, and moving more swiftly.
Five lessons small law firms should learn from the craft beer
movement:
1) Be Innovative. Stop doing what everyone else is doing. Try
something that’s never been done before. The world of legal
services has been so homogeneous for so long that it takes
only a very minor deviation to stand out. It doesn’t have to be
something as wild as Doughnut Maple Bacon Ale beer—think
more subtle innovations like a craft beer that adds a taste of
watermelon.
2) Avoid the Commodity Trap. Before the craft beer movement
took hold, beer was largely a commodity—they all tasted similar
enough that price and happy hour specials dictated which
you bought. Craft breweries had the audacity to reverse the
commodity trap, and did it successfully. They don’t compromise
The Straight Word
(Continued on page 7)
December 2015
PARTNER SPOTLIGHT – Continued from page 6
their offering or apologize for its price; they produce a unique
and superior product and charge a higher price for it, trusting
that their consumers appreciate the difference and will be happy
to pay for it.
Like craft breweries, small law firms are not going to win on
quantity and by participating in a race to the bottom. Instead
of competing on price, small law firms should be competing on
uniqueness and quality – convince clients and potential clients
that you represent a better value even at a higher price, and
they’ll be eager to pay for it.
3) Stand for Something—And It’s Okay if You Don’t Please
Everyone. Who are you? What do you do best? Why should a
client choose your firm? The success of a craft brewery is most
often contingent on the faithfulness of its followers, not the
volume. The faithfulness of a brewery’s followers is contingent
on the beer’s taste, of course, but also on the consumer’s capacity
to feel good about identifying with the mission and overall vibe
of the brewery.
Nearly every craft brewery stands for something, and invites
its customers to stand along with it. Some craft breweries stand
for rebellion, some stand for tradition. Some stand for the East
Coast, some stand for the West Coast. Some stand for Eastern
Pennsylvania, some stand for Western Pa. Some stand for
experimentation, some stand for perfection.
PRIME OFFICE SPACE
FOR RENT
MARLTON, NEW JERSEY
Established lawyer with large office in prime office
location seeks lawyer to rent office space (150 sq ft).
Office can be rented fully furnished or unfurnished.
Additional space is available for
secretarial staff if needed.
Includes use of conference room and kitchen.
Possibility of referral work.
For further information, contact
Nancy or Suzan at the
Law Office of Norman Shabel
Marlton, New Jersey
856-797-9954
December 2015 Like a successful craft brewery, a small law firm has an opportunity
to select and appeal to a certain niche—and it’s okay if that means
alienating other niches in the process. If you’re trying to appeal
to everyone, you’re going to wind up appealing to no one. Create
and commit to an identity that clients will feel good and maybe
even brag about. An “us vs. them” approach may alienate certain
segments, but, more importantly, it will make fierce devotees
of others.
4) Think Locally. Most craft breweries have succeeded not
by distributing their beer nationally, regionally or even statewide. Rather, they have concentrated on teaming up with and
getting their beer into local restaurants and bars within a small,
manageable radius.
Though it may be counter-intuitive in a highly competitive legal
market, think about how you can catch more fish by casting a
smaller net. Think about how your law firm can become better
entrenched and more visible in the immediate community.
What local entities can your law firm team up with? Think
about mutually beneficial partnerships in terms of strength,
not vastness.
5) Create and Nurture a Following. Craft breweries don’t have
the advertising budgets the large breweries do so they rely heavily,
sometimes even exclusively, on traditional and social media wordof-mouth. Small breweries don’t just give customers something
to tell their friends about, they nurture the relationship and
continue to give customers new things to tell their friends about.
So law firms should defy expectations and do something
remarkable that will compel clients to tell their friends about
you. Most importantly, keep in touch with your clients. Your
relationship shouldn’t stop when the representation ends – make
sure to keep in touch with past clients and continue to do things
that will cause them to think and talk about you.
Matthew Litt is the founder of the Bashful Buffalo Heritage
Marketing Agency, and the bestselling author of Christmas 1945 –
The True Story of the Greatest Celebration in American History.
CLE XTRAVAGANZA
December 15 • 8:00 a.m.
DoubleTree Suites • Mount Laurel
The CLE Xtravaganza is co-sponsored by
Investors Bank, CosmoLex and
Garden State Trust Company.
A flier for the CLE Xtravaganza
has been included in this month’s
issue of The Straight Word.
The Straight Word
7
Whine of the Month
By Katherine D. Hartman
Cell phones are both the best and
worst modern day tool. They allow
you to reach out in an emergency, be
connected to your family, and obtain
information
immediately.
Their
existence also means that your clients
expect you to be available at all times,
via email, text and phone.
One of the strange things about calling people on their cell
phone is not knowing where they are, or what they are doing.
Are they in court, at the gym, enjoying dinner with friends? I
begin every conversation asking if it is a convenient to speak
with me. I do not like getting calls from clients on personal
time as it requires you to go immediately into lawyer mode
when you may have just begun to relax and unwind after a
difficult day. Apparently this is not a sentiment shared by
some of my clients.
As a criminal defense lawyer, I give my cell phone to new clients
with this instruction: “If the police come to your door you
may call me on this number. If you have any other questions
or concerns you are to call the office.” I used to sleep with
my phone by my bed in case my children or another family
member had an emergency. Now I sleep with the phone by
my bed in case there is a police shooting or my client is about
to be or has been arrested and I have to respond to the scene.
I am okay with this, as it is part of my job and doesn’t happen
all that often.
What I am not okay with is the casual call from a client because
they have a fleeting thought they want to share at 9:30 at
night. In private practice it is important to be able to speak
to a potential client quickly. They may be going through the
phone book, or more likely online, and calling one lawyer after
another until they speak to a human. That requires you to call
a potential client from your cell phone while you are in the
car (Bluetooth) or otherwise out of the office. I am convinced
that once you call from your cell phone, they immediately
store the number and your fate with that client is sealed.
Saturday at 10:00 p.m. I get a call from a client asking me if his
court date was that Friday, or the following week. No kidding.
First of all, hard though this is to believe, I am a human with
a life; secondly, this is not an emergency; and lastly, this a
question best answered by my secretary at the office.
I represent some municipal police officers and state troopers.
The problem is they work shift work. I do not. As they drive
around in their cars at work, or have a conversation that
relates in some way to their discipline they want to make sure
I know their thoughts, even if those thoughts occur to them
on Sunday morning, or at midnight.
Most of the calls begin, “I am sorry to bother you,” or, “I feel
bad calling.” I don’t believe that. If they were sorry or felt
bad, they would call the office, or at least not after hours. This
is true about calls while on vacation as well, “I am sorry to
bother you on vacation but….” I fill in the rest of that sentence
as, “but I had something on my mind, I don’t really care if you
are at the beach and my issue/problem/concern is far more
important than your leisure time.”
I find texts almost as annoying as calls. I don’t know if this
is idiosyncratic to me, but I find texts far more invasive than
emails. When you make a decision not to answer a call, it is
often followed up by a text, letting you know that they called
and need to speak with you. Sometimes there is no call just a
demand by text that you contact them ASAP.
Like most attorneys, I work hard. I work long hours, go to court
at night, and bring files home. I wake up in the middle of the
night thinking about a case. However, I am a wife and mother,
friend and neighbor, and I enjoy many things other than the
practice of law. It has always been hard to compartmentalize
your life in a profession like ours, but cell phones make it
much harder.
8
The Straight Word
December 2015
MEET THE JUDGES & LAW CLERKS
Judges, Their Law Clerks and Secretaries Adjourn to Their Party Chambers
Nearly 200 members of the Burlington County Bar Association came out to the Meet the Judges & Law Clerks reception on
October 21, 2015 at DoubleTree Suites in Mount Laurel to meet and mingle with judges from the Burlington vicinage, their law
clerks for the 2015-16 court year, as well as the judges’ secretaries. In addition, we were joined by Judge Marie Lihotz and Judge
Michael Haas, from the Appellate Division, as well as their law clerks. As the pictures show, a wonderful time was had by all!
(l to r) Andrew Winegar, Karen Savage, Brett Gorman,
Jarad Silverstein and Samantha Vander Weilen
(l to r) Antoinette DiPaula, Hon. Mark Tarantino and
Nancy Johnson
(l to r) Christine Mathews, Sanu Dev, Stephen Raymond,
Tanya Yost, Ethan Ordog and Jennifer Stonerod
(l to r) Elizabeth Garcia and Katherine Hartman
(l to r) Hon. Jeanne Covert, Brittany DeBord and Annie
Roberts-Ames
(l to r) Katherine Constantine, Erika Page, Kayleen Egan
and Hon. Michael Haas
(l to r) John Laskey and Mark Schiavo
(l to r) Trevor Cooney, Joseph Martin and Tom Muccifori
December 2015 The Straight Word
9
A FOND FAREWELL
Over 200 members of the Bench and Bar were on hand at Braddock’s Tavern on November 12, 2015 to honor and pay tribute
to the Honorable M. Patricia Richmond and her distinguished career. Assignment Judge Ronald E. Bookbinder reflected on
Judge Richmond’s career as well as his memories of their time together on the bench. Judge Richmond graciously thanked
all those who came out to congratulate and celebrate with her as she shared memories of her time as an attorney and a judge.
It was a lovely celebration of happiness and friendship. As the pictures show, a wonderful time was had by all.
p Robert Newman and Judge Richmond
p (l to r) Hon. John Sweeney and Carlo Scaramella
q (l to r) Mary Kay Wysocki,
Carol Erikson, John Rigden,
Carolyn Sleeper and Karen Savage
p (l to r) Justin Yost, Michael
Mascino, Kyle Wu and
Michael Schuman
10
The Straight Word
December 2015
FOR JUDGE RICHMOND
(l to r) Leonard Wizmur, Francis Hartman u
and Hon. John Sweeney
t(l to r) Mark Sander, Mary Brennan and
Lucinda Lane
(l to r) Sanu Dev, Kathryn Eisenmann u
and Dina Rocco
tJudge Richmond with her former
law clerks
December 2015 The Straight Word
11
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The Straight Word
December 2015
More Bar Briefs
New Members
(Continued from page 2)
Steven Petersen, Esq.
Petersen & Martone, LLC
885 Haddon Avenue
Collingswood, NJ 08108
(856) 240-7770 Fax: (856) 240-7491
[email protected]
Arthur F. Risden, Esq.
Information withheld
Andrew Rochester, Esq.
Morgenstern & Rochester
1874 Route 70 East, Suite 4
Cherry Hill, NJ 08003
(856) 489-6200 Fax: (856) 424-6977
[email protected]
Mario R. Rodriguez, Esq.
Mario R. Rodriguez, Esq., L.L.C.
1916 Route 70 East, Suite 6
Cherry Hill, NJ 08003
(856) 938-4495
Fax: (856) 751-8796
[email protected]
December 2015 Leonard R. Rossetti, Esq.
Sherman, Silverstein, Kohl, et al.
308 Harper Drive, Suite 200
Moorestown, NJ 08057
(856) 662-0700 Fax: (856) 661-2087
[email protected]
Nicholas Sansone, Esq.
Cooper Levenson
1415 Marlton Pike East, Suite 205
Cherry Hill, NJ 08034
(856) 857-5508 Fax: (856) 857-5509
[email protected]
Robert E. Schwartz, Esq.
Sherman, Silverstein, Kohl, et al.
305 Harper Drive, Suite 200
Moorestown, NJ 08057
(856) 661-2077 Fax: (856) 661-2089
[email protected]
H. Benjamin Sharlin, Esq.
Law Office of H. Benjamin Sharlin, LLC
1540 Kuser Road, Suite A9
Hamilton, NJ 08619
(609) 585-0606 Fax: (609) 257-6055
[email protected]
Saurabh Singal, Esq.
Information withheld
Faith S. Steinberg, Esq.
Information withheld
The Straight Word
Erin Szviewski, Esq.
Parker McCay, P.A.
9000 Midlantic Drive, Suite 300
Mount Laurel, NJ 08054
(856) 985-4007 Fax: (856) 596-9631
[email protected]
Law Clerk/
Student Members
Brittany DeBord
Law Clerk to Hon. Jeanne T. Covert
49 Rancocas Road
Mount Holly, NJ 08060
(609) 518-2710
Dominic Carrera
Law Clerk, Office of Foreclosure
25 Market Street
Trenton, NJ 08625
Nicholas Sullivan, Student
Information withheld
WINTER MIXER
January 19, 2016
6:30 p.m.
Scaturro’s • Marlton
13
President’s Message
Continued from page 3
those seeking a small measure of redemption. I am sure they
would do it, too, if they had sat with us in the sanctuary of the
Sisterhood and seen the hopeful, almost pleading look in the
eyes of the souls we counseled.
• • •
While the criminal defense bar was working at the Sisterhood,
our colleagues on the civil side were doing their part at
Lyceum Hall, the ornate Greek revival building at the center of
Burlington’s downtown. There, they provided general advice
on the bankruptcy laws, and a cadre of lawyers prepared wills,
powers of attorney and advance directives for clients who
otherwise could not afford to have these critical documents
drafted. I am told our lawyers did as many as 25 wills during
the course of the day, no small accomplishment. Among those
participating at the Lyceum were: Jeffrey Apell, Melanie Levan,
Thomas Egner, Paul Detrick, Doug Nelson, Brittany Verga, plus
Maria Born and Michelle Nuciglio of Legal Services. Thanks,
too, to Dan Posternock and Tom Begley III for supporting
our efforts.
In all, our inaugural Day of Service, spearheaded by trustee
Reema Scaramella and aided by Donna Mazzanti and Chip
Thomas of the Superior Court and Burlington’s director of
public affairs, John Alexander, was a proud moment for
BCBA. In the coming year, we need to discuss how we, as an
association, can sustain this campaign to address Burlington
County’s unmet legal needs. But for now, we can all take
satisfaction in knowing that on a gorgeous fall day in October,
BCBA did its part to close the nation’s justice gap.
The Burlington County Bar Association conducted a day
of service for the citizens of Burlington County on Friday,
October 30, from 10 a.m. to 4 p.m. in Lyceum Hall and
the Sisterhood Inc. in Burlington City. These free legal
services included the preparation of simple wills and advice
on expungements and personal bankruptcy. The Bar
Association also provided information on employment law,
social service benefits and programs and services available
in the Burlington County Superior Court.
The Burlington County Bar Association’s efforts were
spearheaded by Reema Scaramella, Chairperson of the
Community & Public Relations Committee. In performing
a day of service, the BCBA partnered with the American Bar
Association, whose president, New Jersey attorney Paulette
Brown, has issued a national call to service.
“There is a justice gap in this country,” said Kevin Walker,
President of the Burlington County Bar Association. “Many
people, even those of modest means, cannot afford to go
into court and vindicate their rights.”
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“We have to change that dynamic,” Walker said. “Whether
by performing more pro bono work, taking cases at reduced
rates or just educating people in general on their legal
rights, we have to provide more pathways to social and
economic justice. The legal profession, despite the drubbing
it sometimes takes in the popular media, has always been at
the forefront of change, and we cannot cede that leadership
role now.”
Scaramella added that she was “thrilled” to be partnering
with Burlington City on this initiative. “So many great
things are starting to happen in Burlington City. We think
it is the perfect site for our inaugural Day of Service.”
The Straight Word
December 2015
DAY OF SERVICE
“We hope this is the beginning of a long
and beneficial relationship with the Bar
Association,” said Mayor James Fazzone.
“We are grateful that the Association has
chosen the City of Burlington as the site
of this valuable, free legal service that will
help so many residents and neighbors
who desperately need but cannot afford or
access such resources.”
We thank all those who participated in the
Day of Service, especially Reema Scaramella,
Jeffrey Apell, Maria Born, Paul Detrick,
Thomas Egner, Katherine Hartman, Melanie
Levan, Donna Mazzanti, Shannon Natale,
Douglas Nelson, Michelle Nuciglio, Daniel
Posternock, Daniel Rosenberg, Heshim
Thomas, and Brittany Verga. Featured here
are some photos from the event.
December 2015 The Straight Word
15
You Have Just Been Diagnosed with Early Alzheimer’s: Now What?
• Financial Power of Attorney. The Financial Power of
Attorney is also known as a General Durable Power of
Attorney. The principal designates an individual to
serve as an Agent to transact financial decisions on the
individual’s behalf. The document should be detailed as
to exactly what powers are included.
If a Power of Attorney is not in place, a guardianship
may be required in order to make medical and financial
decisions. Two physicians must certify that the individual
lacks capacity to conduct their affairs. Physicians perform
an examination, and a commonly-used tool by physicians
is a Mini Multi-State Examination. Proceedings must
be filed in court. Notice must be given to all interested
parties. There are frequently challenges as to whether or
not the individual has capacity and also disagreements
as to who should be appointed guardian. A contested
guardianship can be expensive and execution of a power
of attorney is always preferable.
The Continuum of Care
The continuum of care consists of the following:
• Informal Caregiving. Most care for Alzheimer’s patients
is provided by informal caregiving provided by a family
(Continued from page 5)
member or friend who aids and supervises the daily care
of the patient. The estimated economic value of care
provided is about $450 billion per year. Caregivers report
significant losses of wages, job security, career paths,
employment benefits and retirement income.
• Geriatric Care Managers. Geriatric Care Managers
generally perform six functions: an initial assessment of
the patient, development of a Care Plan, implementation
and coordination of the Care Plan, monitoring services,
appropriate re-assessment, and appropriate discharge.
Many families do not know what level of care the patient
requires and a Care Manager is invaluable in assisting in
this regard.
• Adult Day Care. There are two types of adult day care
facilities. One is medical, the other is non-medical.
Transportation is generally provided by the adult day
care facility to pick up the patient at home and transport
them to the adult day care center and return the patient
at the end of the day. These facilities generally offer
recreational therapy, exercise, a mid-day meal, morning
and afternoon snacks, and social services. Medical
day centers also provide medical supervision, nursing
care, personal care, education, rehabilitation and
transportation. These facilities offer social interaction for
attendees and respite for family members.
• Home Health Care. Elderly persons who require care
almost universally prefer to receive the care in the
comfort of their own homes. They are familiar with
their surroundings, often with loved ones nearby. Home
health care is also often less expensive than institutional
care. There are medical models and non-medical models
(Continued on page 17)
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The Straight Word
December 2015
You Have Just Been Diagnosed with Early Alzheimer’s: Now What?
of home care agencies. Many patients employ aids “under
the table.” This is not a wise choice. Federal law requires
the withholding of FICA and FUTA. Good sense dictates
that Worker’s Compensation insurance be provided.
Home health aides can be arranged on an hourly basis
or can live-in. LPNs or registered nurses can be provided
on an “as needed” basis. The Department of Labor has
mandated the payment of minimum wages to home
health workers. A court has overturned the regulation,
but the case is currently on appeal.
• Assisted Living. The portion of the U.S. population
living in nursing homes is declining slightly, and the
portion living in assisted living facilities or receiving care
at home is increasing. Approximately one million people
live in assisted living facilities. Most are professionallyrun homes. Typically, they provide custodial care and
are usually not licensed to provide skilled care. They
combine housing and health care and are less expensive
than nursing homes.
• Nursing Homes. Nursing homes provide skilled nursing
care and related services as well as custodial care for
residents. Nursing homes also often provide rehabilitation
services. Approximately 1,400,000 residents live in
December 2015 (Continued from page 16)
approximately 15,000 nursing homes throughout the
United States.
• Continuing Care Retirement Communities. Continuing
care retirement communities (CCRCs) are an excellent
type of long-term care for the middle and uppermiddle income population. Typically residents enter
independent living facilities, such as an apartment, and
then as their health declines they are eligible to move on
to assisted living and then ultimately a nursing home at
the same campus as such care is required. Unfortunately,
they usually require a medical examination, which an
individual diagnosed with Alzheimer’s is not likely to
pass. However, there are fee-for-services CCRCs that
provide independent living, assisted living, and nursing
homes without a medical examination.
• Hospice. There are approximately 3,500 Hospice
organizations in the United States. Most are Medicarecertified. Hospice is designed for people who no
longer want medical treatment and are preparing to
die. The average stay per patient in a Hospice is
approximately 88 days.
The Straight Word
17
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The Straight Word
December 2015
December 2015 The Straight Word
19
The Straight Word
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