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The Atlantic County Bar Association

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					MARCH 2004
                         e-Docket
The President’s Corner
By Paul J. Gallagher

      2004 has been a good year for          We have a full schedule
the Bar Association. I am pleased to   planned for the remaining months
report that we a fiscally sound, and   of my term, including a Joint Dinner
our recent dinner meetings have not    with the Realtors in April where we
only attracted good turnouts, but      will award the Volunteer of the Year
they have people talking about         Award to Lloyd Levenson, A series
them.                                  of events, some still in the planning
      Our January meeting at the       stages which will wrap around Law
Crab Trap was postponed one week       Day and, hopefully, the opening of
due to weather, but over one           the new Criminal Court House, and
hundred guests turned out to honor     a Past Presidents’ Dinner at the end
the Deans of our Bar Association,      of May. Check out the “Save the
those members celebrating fifty or     Dates” Flyer for more details.
more years since their admission.
Nelson Johnson gave a fascinating
and appropriate presentation on
“The Lawyers of the Boardwalk
Empire”, reminding each of us of the
role our profession has had in
shaping this community.
      We joined with our brethren in
Cape May, for the first time in
twenty-one years, for a Joint Dinner
at the Pelican Club. U.S. Attorney
Chris Christie reminded us all not     Standing: Sam Curcio, Clarence Mattiolli, Jimmy
only of the importance of Homeland     Cooper, Manny Greenberg, and Paul Gallagher.
                                       Seated: Roy Baylinson and Maury Cole.
Security, but of the important role    Missing from photo: Larry Perskie
we as Lawyers have in the Public
Square.




      The Atlantic County Bar Association
MARCH 2004
                                  e-Docket
           ANNOUNCEMENT                                 Atlantic High Wins County Mock
                                                               Trial Competition
           Charles E. McCaffery
         Trial Court Administrator                          After a grueling elimination
                                                       tournament where schools from
                                                       throughout the county competed at
The Atlantic County Criminal Courts will be            highest levels, Atlantic High
relocating to the new Criminal Courts Justice          emerged the winner of the County
Complex on Unami Boulevard in Mays Landing             competition. Coached by Dan Saul,
during the week of April 26, 2004.                     Jerry Steiner and Dan Cahill, with
The new Justice Complex will be occupied by            teacher Tim Karver, the Vikings
the Superior Court Criminal Courts, including          went on to the State semi-finals
                                                       before falling to Cherry Hill East.
Grand Jury and the Atlantic County Sheriff’s
Department.                                                 The Bar Association
The new facility will officially open for business     appreciated the efforts of all the
on Monday, May 3, 2004.                                lawyers who give so generously of
There will be more than ample parking available        their time as coaches, judges and
                                                       bailiffs to make this remarkable
for litigants, attorneys, jurors and staff. Public     program the great success that it
transportation to the front of the complex will        is. For many students, this is
also be available.                                     their first person to person
Court notices and juror notices for May 3 will         contact with any lawyer, and for
contain directions to the new facility as well as      many it has been a life altering
                                                       experience. In a world where the
telephone numbers.                                     profession is regularly denigrated,
                                                       these kids are meeting lawyers who
 Joint Bar Dinner with Cape May County                 are their coaches and their
                                                       friends, two roles that are pretty
  Bar Association features Chris Christie,             compelling in the life of an
       U. S. Attorney for New Jersey                   adolescent.

                                                            We also want to thank two
                                                       special individuals for their
                                                       longstanding commitment to Mock
                                                       Trial. Mark Roddy, who for years
                                                       has been writing the problem for
                                                       the State Bar and Kim Bloomer,
                                                       whose contribution and tireless
                                                       effort in running our local program
                                                       may well be the single most
                                                       significant service any member
                                                       makes to the bar, certainly on a
                                                       year in year out basis.

                                                            We thank all the Coaches, and
  Lisa Radell, President of the Cape May County Bar    we congratulate all the
   Association, US Attorney Chris Christie, Cape May   participants.
 County Counsel John Porto and Atlantic County Bar
   President Paul Gallagher share a moment at the
               recent Pelican Club dinner


          The Atlantic County Bar Association
MARCH 2004
             e-Docket




     The Atlantic County Bar Association
MARCH 2004
                         e-Docket
                Monday, April 5 in Washington, D.C.
          2004 United States Supreme Court Admission Ceremony

      Wednesday, April 14 at Seaview Country Club
                   Joint Dinner with
           Atlantic County Board of Realtors
                      Sponsored by
        the Volunteer Center and the United Way
         Honoring Lloyd Levenson, Esq. as the
           Volunteer of the Year Award Winner


                           Municipal Court Madness
                                        ~ A Seminar ~
               Thursday, April 29, 2 P.M. to 4:30 P.M.
                  Courtroom 3A, Civil Court House
                      The Ins-and-Outs of Municipal Courts
                For Both the Experienced and Novice Practitioners



      LOOK FOR COURTHOUSE DEDICATION EVENTS

                     LAW DAY ETHICS LUNCH
                      Lefty’s at Atlantic and South Carolina
                    Monday, May 3 from Noon to 2:00 P.M.


                   Monday, May 24 at Harbor Pines
                               Past Presidents’ Dinner

               Mike Gill Installation on June 4 at Greate Bay
       For further information contact the Atlantic County Bar Association at 345-3444 or
                                 mailto:ATCOBARA@aol.com


     The Atlantic County Bar Association
MARCH 2004
                             e-Docket
                                                   NEW JERSEY STATE BAR
                                                           ASSOCIATION
                                                 Karol Corbin Walker, Esq.
                                                          President

                                                March 15, 2004

RE:   Assembly Bill 2088

Dear Member of the General Assembly:

       On behalf of the New Jersey State Bar Association, I respectfully express our concerns
regarding Assembly Bill 2088 (Caraballo/Vas/Cruz-Perez) which responds to recently
established N.J. Supreme Court precedent in the case of Macedo v. Dello Russo (A-93-02)
which clarified that advertisements by certain regulated licensed professionals are not subject to
the Consumer Fraud Act.

       The NJSBA Board of Trustees voted to support participation in Dello Russo because the
Appellate Division case created confusion and uncertainty regarding the applicability of the New
Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to 106 (hereafter, “the Consumer Fraud Act”) to
highly regulated professionals such as attorneys. The Appellate Division had unequivocally held
in Vort v. Hollander, 257 N.J. Super. 56, 57 (App. Div. 1992), that practicing attorneys are not
subject to suit under the Consumer Fraud Act. The plaintiff, an attorney, filed suit for legal fees
allegedly owed. The court held that, “[a]lthough the sale of certain services falls within the
purview of the Act, it is clear that attorney’s services do not fall within the intendment of the
Consumer Fraud Act.” Id at 62. In affirming this decision, the Supreme Court stated that,
“advertisements by learned professionals in respect of the rendering of professional services are
insulated from claims under the Consumer Fraud Act.”

       Thus, the instant question before the General Assembly posed by this legislation is
whether advertising by learned professionals, regulated by other schemes and/or
instrumentalities, should be subject to the Consumer Fraud Act? We submit that they should
not, and that this legislation should especially exclude advertising by attorneys.




        The Atlantic County Bar Association
MARCH 2004
                             e-Docket
        First, the Consumer Fraud Act (CFA) does not currently and should not apply to highly
regulated professionals where a direct and unavoidable conflict exists between the application
of the CFA and the application of another regulatory scheme which deals specifically,
concretely, and pervasively with the activity at issue. Under the holding in Lemelledo v.
Beneficial Management Corporation, 150 N.J. 255, 259-260 (1997), the Supreme Court held
that “in order to overcome the presumption that the CFA applies to a covered activity, a court
must be satisfied…that a direct and unavoidable conflict exists between the application of the
other regulatory scheme or schemes. It must be convinced that the other source or sources of
regulation deal specifically, concretely, and pervasively with the particular activity, implying a
legislative intent not to subject the parties to multiple regulations that, as applied, will work at
cross purposes”. Id at 270. Thus, even if this legislation were enacted, where another regulatory
scheme “specifically, concretely and pervasively” dealt with the advertising of a profession the
CFA would still not apply. It would be inapplicable to attorneys under this test, because the
Supreme Court of New Jersey since July 1, 1987 has specifically regulated attorney advertising
through its Committee on Attorney Advertising which closely monitors this subject matter and
issues advisory opinions to offer guidance to attorneys in this area.

        Second, as the decision in Vort highlights, even if other learned professionals are
included in the legislation, the conduct of attorneys is highly regulated by the Supreme Court of
New Jersey and should be exempted. Consistent with that opinion and its rationale, the position
of the NJSBA is that subjecting attorneys to lawsuits under the Consumer Fraud Act would be
inconsistent with the Supreme Court’s authority to comprehensively regulate the profession as
established by New Jersey State Constitution in Article VI, Section 2, Paragraph 3. Therefore, in
contrast to other professions regulated by the Executive Branch of government, there is a
greater problem created since the subject of the regulation is controlled by another branch of
government as designated in the State Constitution. While the legislation pays close attention to
this relationship by urging the Supreme Court to act under its own auspices to make attorneys
subject to the Consumer Fraud Act, it is the NJSBA’s position that there is no need for the
application of the CFA to attorneys given the close and independent scrutiny of lawyer conduct
by the many instrumentalities overseen by the Supreme Court. Consequently, such application
would be duplicative and unnecessary.

        For the foregoing reasons, the NJSBA respectfully urges that you vote “NO” on this
legislation.

     Thank you for your time and attention. Please contact me if you have any questions or
comments in this regard.

                                                 Very truly yours,

                                                 KAROL CORBIN WALKER
                                                 President


        The Atlantic County Bar Association
MARCH 2004
             e-Docket
                             It is a dark and rainy night. You
                   are working late at the office when the
      Opinions     phone rings. “Good evening, Law Office”,
                   you say.
                             “Mr. Barrister, its me, Joey, next door.
                   You know, the kid who mows your lawn”.
                   Before you can reply, Joey is on a tear.
                             “Mr. Barrister, I’m on the Atlantic City
                   Expressway going up to see some girl in Atco
                   and there’s a trooper behind me with his flashers
                   on. I’m just coming up to the Hammonton
                   exit….”
                             At his point, while trying to process the
                   implications of the new ban on phoning while
                   driving, you interject “Joey, is he telling you to
                   pull over? If he is, or if you think he is, you
                   have to pull over.”
                             “Mr. Barrister, I was doing at least
                   eighty when I passed him. But there are four
                   ounces of fresh weed in plain view on the
                   passenger seat. I can’t get busted, I just got into
                   Brown. You know my father will kill me.”
                             So as you dismiss questions about
                   probable cause and start thinking about plea-
                   bargaining, Joey is back. “I’m passing the
                   Hammonton exit, Mr. Barrister and he’s on his
                   loudspeaker telling me to pull over. What do I
                   do?”
                             Of course, you have to tell him to pull
                   over. And you have to tell him that immediately.
                   You can’t even consider the implications of
                   having him drive over the county line into
                   Camden County, probably less than a mile away,
                   where he would be processed through a Drug
                   Court and would likely serve no more than the
                   next few hours in custody. Instead, he’ll be
                   arrested in Atlantic County, where after he is
                   processed, indicted and plead, he could do
                   maybe ninety days in the County jail. Unlikely,
                   but he could. In either case, he probably isn’t
                   going to Brown in September. But if he is
                   arrested in Atlantic, Joey could be in Orange in
                   September. If he’s arrested in Camden, he could
                   at least be starting community college in the fall.
                             At this point in time, and apparently
                   continuing, the disparate treatment of first time
                   drug offenders in New Jersey will continue. The
                   explanation must be in Law (money) because it
                   cannot stand in Equity. Aequlatis est Aequitas.
                   "Equality is equity."
                                                         PJG



The Atlantic County Bar Association
         MARCH 2004
                                      e-Docket
                               The Atlantic County Bar Association,
                         the Atlantic City & County Board of Realtors and
                         United Way’s Volunteer Center of Atlantic County
                                 cordially invite you to attend our
              13th Annual Volunteer Recognition Professionals
                                  Dinner
                                                         Honoring
                                     Lloyd D. Levenson, Esq.
                                 Cooper Levenson Attorneys at Law
                                           Atlantic County Bar Association
                                                Volunteer of the Year
                                                  Peggy Bessey
                                   Prudential Fox & Roach, Margate
                                     Atlantic City & County Board of Realtors
                                               Volunteer of the Year
            Wednesday, April 14, 2004, 6 p.m. Cocktails, 7 p.m. Dinner
             Seaview Marriott Resort & Spa, Galloway, New Jersey
                             $60 per person*, Cash Bar
            * Proceeds benefit United Way’s Volunteer Center of Atlantic
                                      County
            Menu Choices: Tuscan Stuffed Chicken Breast OR Broiled Salmon
                       Please send your check (made payable to United Way of Atlantic County)
                   and choice of entree by April 7 to Alice Woods, United Way of Atlantic County,
           4 E. Jimmie Leeds Rd., Ste. 10, Galloway, NJ 08205. Questions? Call Alice at 609.404.4483 ext. 19.




Greetings: I am a business education teacher at Pleasantville High School and I am looking for members of the chamber
who may be able to help me enlighten some of my students into some career choices. I am looking for guest speakers to
come to our class and either present something about their industry or to just have a conversation with students interested in a
particular field. I will accept any area of expertise. Banking, manufacturing, service, law, or real estate just to name a few. I
am also currently starting a chapter of the Future Business Leaders of America at my school and would appreciate any
assistance from a chamber member.
If there are any members interested please contact me at the e-mail address below.

                  Thanks in advance,
                  Robert Carson             mailto:Carson.robert@pleasantville.k12.nj.us


          The Atlantic County Bar Association
MARCH 2004
                       e-Docket
PROFESSIONALISM AND INDEPENDENCE

New Jersey Commission on Professionalism in the Law

        Just what is “professionalism” anyway? It is a valid and timely question, and one
that has generated differing responses. For starters, the term “professionalism”, when
applied to lawyers, has much broader connotations than many realize. For instance,
professionalism means more than smiling at your adversary, or standing politely at the
counsel table when a judge takes the bench.

        It is also important to recognize the distinction between professionalism and
ethics, even though they go hand in hand. The ethics rules (codified in the Rules of
Professional Conduct) are mandatory, black letter standards that establish a minimum
level of conduct. Failure to abide by the rules may result in disciplinary sanction.
Professionalism, however, is grounded in aspirational goals and traditions that seek to
encourage the bar, and bench, towards conduct that preserves and strengthens the dignity,
honor, and integrity of the profession. See Between Law and Virtue, Joseph P. Tomain
and Barbara G. Watts, 71 U.Cin.L.Rev 585 (2003).

        Often professionalism is equated with civility, but it is much more than that. A
few years ago a New Jersey State Bar Association study committee attempted to come up
with a definition, and concluded that professionalism means “not what you have the right
to do, but rather to do what’s right.”

        United States Supreme Court Justice Sandra Day O’Connor has said that “the
essence of professionalism is a commitment to develop one’s skills and to apply them
responsibly to the problems at hand. Professionalism requires….a willingness to
subordinate narrow self interest in pursuit of the more fundamental goal of public
service….Lawyers must temper bold advocacy for their clients with a sense of
responsibility to the larger legal system which strives, however imperfectly, to provide
justice for all.”

        Implied in Justice O’Connor’s definition is a key component in the fabric of a
truly professional lawyer -- an understanding that the exercise of independent judgment is
essential. Too many lawyers seem to have forgotten that they should not, indeed must
not, slavishly do the bidding of a client without regard for the consequences. For
instance, the lawyer who has an aggressive and “hands on” client must know better than
to heed a client’s advice to “litigate like a mad dog” or “make them not only sweat, but
bleed cash.”

       RPC 2.1 requires lawyers to provide clients with independent judgment and
candid advice. The Principles of Professionalism adopted by the Commission encourage


 The Atlantic County Bar Association
MARCH 2004
                          e-Docket
lawyers to advise clients against pursuing a course of action that is without merit, or
tactics that are intended to harass or drain the financial resources of an opposing party.

        Lawyers must remember that they are counselors, not hired hands or legal
technicians. The highly competitive nature of practice results naturally in a desire to
please and retain clients. However, the truly professional lawyer knows that unrealistic
client expectations must be addressed and effectively managed. In this way, the best
interests of the client will be served, and lawyer independence and moral accountability
preserved.

This article is one of a series intended by the Commission on Professionalism in the Law to encourage
discussion about professionalism issues and problems facing the legal community.



                                           NOTICE
                  There are vacancies on the
               Bar Association Board of Trustees
                                Reply to Mary Berard.




                                      Sunday, March 28
                                        Kingpin Lanes
                           http://www.bfksatlanticcape.kintera.org/

Professional Office Space             immediately available (furnished or
unfurnished). Perfect for sole practitioner. Located at 505 New Road Northfield.
Call Stephen Browndorf @ 609-646-5010.




 The Atlantic County Bar Association

				
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