402:3 Effect of Certification. Certification or the absence thereof shall not in any way limit the right of an attorney to practice law in that designated area.a. A certified civil trial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Civil Trial Attorney b. A certified criminal trial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney c. A certified matrimonial attorney may use the designation "Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney d. A certified workers' compensation attorney may use the designation "Certified by the Supreme Court of New Jersey as a Workers' Compensation Law Attorney e. A certified municipal court law attorney may use the designation "Certified by the Supreme Court of New Jersey as a Municipal Court Trial Attorney.
An attorney so certified may use the above referenced designations in any dignified manner that complies with the Rules of Professional Conduct of the Supreme Court. An attorney so certified may not use any other combination of words to describe the certification.
402:4 Use of Approved Logo. A certified attorney may use a logo approved by the Supreme Court on his or her letterhead, business cards, and in advertising as long as the logo is not used in a way that would mislead the public in respect of any non-certified attorneys who practice with the certified attorney.
402:6 Division of Fees.
A certified attorney who receives a case referral from a lawyer who is not a partner in or an associate of that attorney's law firm or law office may divide a fee for legal services with the referring attorney. The fee division may be made without regard to services performed or responsibility assumed by the referring attorney, provided that the total fee charged the client relates only to the matter referred and does not exceed reasonable compensation for the legal services rendered therein. Pursuant to Rule 1:39-6(d), referral fees shall not be made by certified attorneys in matrimonial matters.
2. Supreme Court tells Police "Need a Warrant" for Phone Searches. Riley v. California 134 S. Ct. 999 (2014)
The police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.
3. DWI statute and Alcotest not unconstitutional. State v. Campbell 436 N.J. Super. 264 (App. Div. 2014)
Defendant appeals his conviction of drunk driving ("DWI") and the trial court's denial of declaratory relief on his claim of unconstitutionality.
Defendant's prosecution was based upon an Alcotest reading of his blood alcohol content ("BAC") above the per se level of .08 prohibited by N.J.S.A. 39:4-50(a). He argues that case law authorizing the admission of Alcotest BAC results when the prerequisites for such admissibility are shown by "clear-and-convincing" proof, coupled with the statute's conclusively incriminating treatment of a BAC at or above .08, improperly combine to relieve the State of its constitutional burden of proving a driver's guilt by the more rigorous standard of proof "beyond a reasonable doubt."
The Court rejects defendant's claim of unconstitutionality. The argument fails to distinguish the State's threshold burden of establishing the Alcotest's evidential admissibility from the State's ultimate burden at trail of establishing defendant's guilt of a per se offense beyond a reasonable doubt. Even if a pretrial motion to suppress the BAC results has been denied, a defendant can still present competing evidence or arguments at trial to persuade the court that the testing procedures were flawed and that his guilt has not been proven by the more stringent reasonable doubt standard.
4. Son civilly liable for undue influence over mother
A federal judge found a New Jersey lawyer civilly liable for exerting undue influence on his mother and another relative in order to siphon off their savings for his personal use. John Sogliuzzo, of West Orange, was sued by his sister, Jane Adkins, over his handling of the finances of their mother, Jane Sogliuzzo, and her cousin, Mary Grimley, which he allegedly took over when they were in their 80s and in declining health. Source: New Jersey State Bar Association
dailybriefing@njsba-njldailybriefing.com
http://www.njlawjournal.com/id=1202649964750/NJ-Lawyer-Misused-Finances-of--Elderly-Women-US-Judge-Finds?slreturn=20140721225622
5. Fun Upcoming Running Races & Charity events Selected by Kenneth VercammenIf you are attending any of these charity races, please call or email Ken V.
Kenv@njaws.com Often we car pool or meet at these events. I update this list at
http://vercammensport.blogspot.com/
Ice bucket challenge for ALS Tuesday, August 26 at 6pm at Deal Firehouse before Jersey Shore Runners Club meeting. Ken Vercammen and others to participate, challenged by Brian Borden. Pride of the Yankees II
9/1 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/6/14 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite
9/7 Senior Olympics bike race Woodbridge center
9/7 RVRR beach Day Belmar
9/11 every year 911 Memorial run Belmar 6pm Belmar Boardwalk[not a race]
9/13 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
Sept. 13 Edison Festival Amboy Ave.
9/14 JSRC Picnic at Monmouth Park Racetrack
9/20/14 Metuchen-Edison Y 5k 8:30 Garbolino 5k run at Roosevelt Park
Oct 6 North B Wills & Power of Attorney Seminar
North Brunswick Chapter #3885 of AARP 1:30
Oct. 8 NJSBA Open house
Oct. 11 Race to Outrun Hunger Roosevelt Park
Oct. 11 Metuchen Fair
