It’s official – Spring is here as of last Tuesday. The clocks were moved ahead one hour earlier and we had a few days of warmer weather. For me that is a reminder that we will be together at the Boardwalk Seminar soon – more on that below. Allow me to update you on recent activities that your organization has been engaged in over the last month.

ACPE OPINION 745 – REFERRAL FEES

The Advisory Committee on Professional Ethics published Opinion 745 – Referral Fees on March 12, 2024. I referred the matter to the NJAJ Amicus Curiae Committee and on March 14, after review, they recommended that NJAJ file a petition seeking review by the New Jersey Supreme Court. The NJAJ Executive Committee met on March 15 and approved the Amicus Committee’s recommendation to file a petition for review.  Knowing the co-chairs of the Amicus Curiae Committee, the petition will not only be timely, but it will effectively represent our concerns.  As information develops you will receive updates.

The New Jersey Law Journal contacted me for NJAJ’s reaction to the opinion and on March 14 the New Jersey Law Journal published my response:  that “the opinion would appear to create an unnecessary hurdle for the injured or the aggrieved that are seeking redress for the wrongs that created injury or damages or harm.”  And as I further stated, it is NJAJ’s mission to correct those wrongs and “ensure civil justice for [New Jersey’s] citizens and residents and [all] those who are harmed in New Jersey.”  Additionally, we need to ensure that only competent New Jersey lawyers represent those needing our help.

LEGISLATIVE ACTIVITY

The 221st legislative session is now in full swing. With so many new assembly members and senators, the new session got off to a relatively slow start with many committees scheduling introductory sessions on various issues. However, in the last couple of weeks, the pace has picked up and members of NJAJ have been busy developing position papers and testifying in Trenton. Jeff Monaghan joined me in the Senate Labor Committee to testify on S-2822 (Lagana)/A-3986 (Verrelli) a bill that revises workers’ compensation law to increase the attorney fee cap in contingency cases from 20 percent to 25 percent at the discretion of the judge.

President-Elect Adam Lederman and Richard Talbot testified on S-1962 (Vitale and Singer)/A-1888 (Conaway, Verrelli, and Atkins), a bill that provides protections to residents of long-term care facilities in the Senate Health, Human Services and Senior Citizens Committee. The bill was voted out of committee on March 14 and approved by the Senate on March 18. The bill now awaits action in the Assembly.  

NJAJ is monitoring S-2930 (Sarlo)/A-4045 (Danielsen). This bill, which makes some far-reaching changes to New Jersey’s Open Public Records Act (OPRA), has drawn a massive amount of public outcry. The bill, which was introduced Monday, March 4, was not made public until the following evening.  This bill was set to be fast tracked to passage and was heard in both the Assembly State and Local Government Committee and the Senate Budget and Appropriations Committee on Monday, March 11 at 10 am. During more than five hours of testimony, the bill drew intense opposition from good government groups, labor unions and press associations, among many others. It was supported by the League of Municipalities, School Board Association, and the Association of Counties. The bill was released from both committees and was scheduled to be heard in the Assembly Appropriations Committee on March 14, 2024.  However, the bill was pulled from committee as amendments are being developed. NJAJ met with the bill’s sponsors and legislative leadership to voice our concerns with the bill as originally drafted.  We will continue to monitor this bill to ensure that the amendments meet with our approval.

The legislature is now reviewing the budget proposed by Governor Murphy.  Once that process ends, I am sure there will be many more bills for NJAJ to consider.  As always, we will update you on those matters affecting us and our clients.

JUDICIAL CONFIRMATIONS:

The New Jersey Senate approved 12 judicial nominations on Monday, March 18. Of the 433 trial court positions there are now 38 vacancies. That is the lowest number of vacancies since May 2022 when there were 75 vacancies. We are thankful to Governor Murphy, Senate President Scutari, Senate Judiciary Chair Brian Stack and the entire senate for their work in advancing qualified candidates to the bench and look forward to their continued effort to further reduce the number of vacancies.

OFFICE OF ATTORNEY ETHICS SEEKING VOLUNTEERS:

The Office of Attorney Ethics (OAE) is reaching out to bar associations for volunteers to serve on the District Fee Arbitration Committees and District Ethics Committees. NJAJ is doing its part to spread the word about these opportunities to serve the legal community through this effort and hopefully some NJAJ members will participate. More information about this opportunity is found in another section of this issue of In Brief.  Additionally, to serve our members, NJAJ has invited the OAE to the Boardwalk Seminar and you can learn more about these positions by speaking with their staff during your time in Atlantic City.

2022-2024 SUPREME COURT RULES COMMITTEE

In early February 2024, the 2022-2024 Supreme Court Rules Committee published its report on proposed rule changes.  Thereafter, NJAJ’s Civil Practice Committee met to review the report.  On the Committee’s recommendation, The Executive Committee voted to submit written comments to proposed changes to Rule 4:19, Physical and Mental Examination of Persons.  Membership was notified on March 26, 2024 that the comments were filed. View the comments here. 

CONGRATULATIONS TO THE NJAJ AWARD RECIPIENTS

It was my pleasure to emcee the Awards Dinner last month. My gratitude goes to the Awards Committee for their work in producing another wonderful event where many deserving NJAJ members and journalists were recognized for their achievements. If you missed the event, you can watch it here.

MEMBERSHIP MEETING & ELECTION OF OFFICERS

The Nominating Committee met and has published the 2024-25 slate of officers. This list was shared with the membership through an official notice that was emailed on March 19. The election of officers will take place at 9:00 am, Thursday, April 18, 2024 during the Boardwalk Seminar at Harrah’s Atlantic City. Adam Lederman will be installed as President of NJAJ on Tuesday, June 18 at The Grove in Cedar Grove, NJ.  Those persons elected as NJAJ’s officers for the 2024-2025 term will also be installed that evening.  Please be sure to join us at the Installation Dinner to celebrate Adam’s installation.

BOARDWALK SEMINAR 2024

Last, but certainly not least, the Boardwalk Seminar is taking place Wednesday through Friday, April 17 – 19 at Harrah’s in Atlantic City. You can register online or by calling headquarters at (609) 396-0096. The 30 programs will be taught by over 300 faculty, most of whom are members of NJAJ. There will be more than 200 exhibitors offering products and services that allow you to practice law more efficiently.  The Boardwalk Seminar is also an excellent way to socialize and network with over 1,500 trial lawyers from around the state. From my own experience, I can state unequivocally that the three days you spend at the Boardwalk Seminar will energize you and help you practice more efficiently and successfully.  Additionally, you can earn up to two years of your required continuing legal education credits including Diversity, Equity and Elimination of Bias credits. I look forward to seeing many of you next month in Atlantic City.  And if you see me and we have not met previously, please introduce yourself.  I’d love the opportunity to hear from you.

And if I don’t see you at the Boardwalk Seminar, I hope to see you at another of NJAJ’s many upcoming events.