1. a. A person having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section "abandon" means the willful desertion or forsaking of an elderly person or disabled adult.
b. A person shall not be considered to commit an offense under this section for the sole reason that he provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person's or disabled adult's established religious tradition, to an elderly person or disabled adult to whom he has a legal duty to care for or has assumed responsibility for the care of.
c. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.
L.1989,c.23,s.1; amended 1999, c.8.
Wednesday, August 27, 2008
AAA Attorney Fee Reimbursement
Attorney's Fees Reimbursement Service when you hire Ken Vercammen, Esq.
In order to assure a fair hearing for members accused of certain traffic violations, the AAA Club offers an attorney's fees reimbursement service. The Club does not in any way practice law nor does it establish attorney's fees, since such fees will be dependent entirely upon the circumstances surrounding the particular case. The attorney must be chosen by the member and the attorney's fees must be paid in full by the member. The paid receipt should then be submitted to the Club for consideration of reimbursement based on the reimbursement schedule contained herein.
The attorney's fees reimbursement service is strictly for the purpose of helping defray the costs incurred when a member retains the services of an attorney to assist in the defense of charges of common moving violations resulting from the operation of a motor vehicle where the member feels unjustly accused, and desires a fair and impartial trial.
Schedule of Reimbursable Attorney's Fees (This schedule provides the maximum amount to be reimbursed per listed violation for regular AAA members, as well as for AAA members who have the additional benefit of AAA PLUS, provided all conditions for eligibility have been satisfied.)
Regular PLUS Members Members For defense of Reckless Driving or Endangerment, not exceeding 35.00 400.00
If appealed not more than additional 35.00 200.00
For defense of alleged moving violations of traffic laws, not exceeding 25.00 100.00
For lawyer's representation at hearings on suspension or revocation of license or registration by the Dept. of Motor Vehicles, up to 0 100.00
AAA member Kenneth Vercammen, Esq. is available for representation. To schedule an confidential consultation, please contact The Law Office of KENNETH A. VERCAMMEN, 732-572-0500
In order to assure a fair hearing for members accused of certain traffic violations, the AAA Club offers an attorney's fees reimbursement service. The Club does not in any way practice law nor does it establish attorney's fees, since such fees will be dependent entirely upon the circumstances surrounding the particular case. The attorney must be chosen by the member and the attorney's fees must be paid in full by the member. The paid receipt should then be submitted to the Club for consideration of reimbursement based on the reimbursement schedule contained herein.
The attorney's fees reimbursement service is strictly for the purpose of helping defray the costs incurred when a member retains the services of an attorney to assist in the defense of charges of common moving violations resulting from the operation of a motor vehicle where the member feels unjustly accused, and desires a fair and impartial trial.
Schedule of Reimbursable Attorney's Fees (This schedule provides the maximum amount to be reimbursed per listed violation for regular AAA members, as well as for AAA members who have the additional benefit of AAA PLUS, provided all conditions for eligibility have been satisfied.)
Regular PLUS Members Members For defense of Reckless Driving or Endangerment, not exceeding 35.00 400.00
If appealed not more than additional 35.00 200.00
For defense of alleged moving violations of traffic laws, not exceeding 25.00 100.00
For lawyer's representation at hearings on suspension or revocation of license or registration by the Dept. of Motor Vehicles, up to 0 100.00
AAA member Kenneth Vercammen, Esq. is available for representation. To schedule an confidential consultation, please contact The Law Office of KENNETH A. VERCAMMEN, 732-572-0500
AAA Attorney Fee Reimbursement
Attorney's Fees Reimbursement Service when you hire Ken Vercammen, Esq.
In order to assure a fair hearing for members accused of certain traffic violations, the AAA Club offers an attorney's fees reimbursement service. The Club does not in any way practice law nor does it establish attorney's fees, since such fees will be dependent entirely upon the circumstances surrounding the particular case. The attorney must be chosen by the member and the attorney's fees must be paid in full by the member. The paid receipt should then be submitted to the Club for consideration of reimbursement based on the reimbursement schedule contained herein.
The attorney's fees reimbursement service is strictly for the purpose of helping defray the costs incurred when a member retains the services of an attorney to assist in the defense of charges of common moving violations resulting from the operation of a motor vehicle where the member feels unjustly accused, and desires a fair and impartial trial.
Schedule of Reimbursable Attorney's Fees (This schedule provides the maximum amount to be reimbursed per listed violation for regular AAA members, as well as for AAA members who have the additional benefit of AAA PLUS, provided all conditions for eligibility have been satisfied.)
Regular PLUS Members Members For defense of Reckless Driving or Endangerment, not exceeding 35.00 400.00
If appealed not more than additional 35.00 200.00
For defense of alleged moving violations of traffic laws, not exceeding 25.00 100.00
For lawyer's representation at hearings on suspension or revocation of license or registration by the Dept. of Motor Vehicles, up to 0 100.00
AAA member Kenneth Vercammen, Esq. is available for representation. To schedule an confidential consultation, please contact The Law Office of KENNETH A. VERCAMMEN, 732-572-0500
In order to assure a fair hearing for members accused of certain traffic violations, the AAA Club offers an attorney's fees reimbursement service. The Club does not in any way practice law nor does it establish attorney's fees, since such fees will be dependent entirely upon the circumstances surrounding the particular case. The attorney must be chosen by the member and the attorney's fees must be paid in full by the member. The paid receipt should then be submitted to the Club for consideration of reimbursement based on the reimbursement schedule contained herein.
The attorney's fees reimbursement service is strictly for the purpose of helping defray the costs incurred when a member retains the services of an attorney to assist in the defense of charges of common moving violations resulting from the operation of a motor vehicle where the member feels unjustly accused, and desires a fair and impartial trial.
Schedule of Reimbursable Attorney's Fees (This schedule provides the maximum amount to be reimbursed per listed violation for regular AAA members, as well as for AAA members who have the additional benefit of AAA PLUS, provided all conditions for eligibility have been satisfied.)
Regular PLUS Members Members For defense of Reckless Driving or Endangerment, not exceeding 35.00 400.00
If appealed not more than additional 35.00 200.00
For defense of alleged moving violations of traffic laws, not exceeding 25.00 100.00
For lawyer's representation at hearings on suspension or revocation of license or registration by the Dept. of Motor Vehicles, up to 0 100.00
AAA member Kenneth Vercammen, Esq. is available for representation. To schedule an confidential consultation, please contact The Law Office of KENNETH A. VERCAMMEN, 732-572-0500
Friday, August 8, 2008
HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT
HANDLING DRUG, DWI & MOTOR VEHICLE VIOLATIONS IN MUNICIPAL COURT
September 15, 2008 5:30 PM to 9:30 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS
Presiding Judge, Union County
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: “New Jersey Municipal Court Review”
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)
You’ll receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines
This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses someone id likely to confront and suggest effective strategies for handling the.
Includes
EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE TO REPRESENT YOUR CLIENTS ACCUSED OF MORE SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING…
• Lab reports in drug cases
• Driving while suspended and enhanced penalties
• Jurisdiction issues for serious motor vehicle accidents
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• Drug recognition expert cross-examination
• How to impress the Court and not annoy the Court staff
• Forms, motions and demand letters
• Criminal case law developments during the past year
• Sentencing arguments in multiple offense cases
• What’s new on the Alcotest 7110 breath testing machine
• New laws and pending legislation
…and more
Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division
For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362 732-249-5100
program: S1507d-14380
September 15, 2008 5:30 PM to 9:30 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS
Presiding Judge, Union County
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: “New Jersey Municipal Court Review”
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)
You’ll receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines
This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses someone id likely to confront and suggest effective strategies for handling the.
Includes
EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE TO REPRESENT YOUR CLIENTS ACCUSED OF MORE SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING…
• Lab reports in drug cases
• Driving while suspended and enhanced penalties
• Jurisdiction issues for serious motor vehicle accidents
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• Drug recognition expert cross-examination
• How to impress the Court and not annoy the Court staff
• Forms, motions and demand letters
• Criminal case law developments during the past year
• Sentencing arguments in multiple offense cases
• What’s new on the Alcotest 7110 breath testing machine
• New laws and pending legislation
…and more
Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division
For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362 732-249-5100
program: S1507d-14380
Tuesday, August 5, 2008
ABA GP Solo TORT AND INSURANCE COMMITTEE NEWSLETTER Summer 2008
ABA GP Solo TORT AND INSURANCE COMMITTEE NEWSLETTER Summer 2008
ABA General Practice, Solo and Small Firm Division American Bar Association
Chair: Patricia Sexton, Kansas City
Kenneth Vercammen, Esq. Deputy Chair & Editor
In this Issue:
1.What to Expect in a Personal Injury Case
2. 486b TRUSTS By Thomas D. Begley, Jr., Esquire
3. Useful Personal Injury and Civil Litigation articles added to website http://njpersonalinjurylawcenter.com/:
4. WE PUBLISH YOUR FORMS AND ARTICLES
1. What to Expect in a Personal Injury Case
Compiled by Kenneth A. Vercammen, Esq
The procedures in a Plaintiff personal injury case may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. The following a is portion of the details you may wish to inform your new personal injury clients after you have been retained:
Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement.
Filing of Complaint
If early settlement is not productive, then a complaint is filed, and the parties
served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an "Answer." The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question.
Doctor/ Treatment
It will help your case to tell us and your doctors about any injury or
medical problems before or after your accident. Good cases can be lost by
the injured person's concealing or forgetting an earlier or later injury or
medical problem. Insurance companies keep a record of any and all claims
against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.
Tell your doctors all of your complaints. The doctor's records can only be
as complete as what you have given. Keep track of all prescriptions and
medicines taken and the bills therefore. Also save all bottles or containers
of medicine.
Diary
You should keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc.
In other words, we need you to describe the changes in your working life,
your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook.
And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.
Record Medical and out of pocket expenses
You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.
The Deposition
The deposition is just as important as the trial itself, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.
Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
Do not discuss the case
The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you not discuss this matter
with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
* Questioning: If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
* Surveillance: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.
However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.
There are cases where the insurance agent has attempted to discredit a
personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.
Kenneth Vercammen, Esq.
Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.
2. 486b TRUSTS By Thomas D. Begley, Jr., Esquire
Section 468(b) of the Internal Revenue Code[1] authorizes the establishment of Designated Settlement Funds or Qualified Settlement Funds. These funds are usually collectively referred to as Qualified Settlement Funds (QSFs). The purpose of these funds is to permit a defendant in certain types of litigation to deposit funds into a trust and to receive a full and complete release of liability. The defendant is entitled to a current income tax deduction for the amount paid into the fund at the time the funds are deposited into the trust. This is an exception to the general rule under which the tax deduction is not permitted until the funds are actually disbursed to the plaintiff, which is normally the time in which the plaintiff has received the “economic benefit” of the settlement.
These QSFs arose out of class action lawsuits. They can be very useful in personal injury actions and other types of cases where there are multiple plaintiffs. Many of these cases also have multiple defendants. The QSF is usually established prior to trial. The parties agree on a maximum amount for a settlement. The defendant pays that amount into the QSF and the parties can then take their time in allocating the settlement among themselves and in dealing with various liens, such as Medicaid, Medicare, and third party subrogation. The QSF could also be established after a jury award, as long as there is an appeal pending.
Advantages of 468(b) trusts include the following:
• Defendant Removed from Litigation. Defendants want to be out of the case. By utilizing a QSF a defendant can pay and go. The defendant pays the funds into the QSF and the parties later allocate the settlement between themselves, determine how much should be lump sum and how much to structure, determine whether a special needs trust is required, and wait while a guardian is appointed for an incompetent plaintiff, if required.
• Defendant Removed from Allocation of Settlement. Where 468(b) trusts are used, the defendant leaves to the plaintiff the issue of allocating the settlement among injured parties.
• Plaintiff’s Attorney’s Fees and Costs. When a 468(b) trust is used, the plaintiff’s counsel can be paid fees immediately from the QSF and litigation expenses can also be paid.
• Income to Plaintiff. The plaintiff will immediately begin to receive income from the settlement held by the 468(b) trust. Without the trust, the defendant would be holding the money and the plaintiff would not be receiving the benefit of the income.
• Deduction to Defendant. Defendants and their insurers are able to obtain immediate tax deductions, rather than waiting for “economic performance” to occur.
• Negotiations. Time is no longer a factor in negotiations with Medicare, Medicaid, and third party insurers. Addition time is available to negotiate and satisfy those liens.
Copyright 2008 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
3. Useful Personal Injury and Civil Litigation articles added to website http://njpersonalinjurylawcenter.com/:
What to do in an Accident
What to Expect in a Personal Injury Case
What is a Deposition?
Dog Bites
Uninsured & Underinsured Injury Cases
Workers' Compensation
Hit and Run Injuries
Fall Down Law in New Jersey Based on Jury Request to Charge
Accident Victims Rights: Insurance to Pay for Medical Treatment
NJ Medical Fee Schedule
Lost Wages
Submission of Bills to Car Ins.
Filing of Complaint
Investigation of Defendant Ins.
Interrogatory Questions to Plaintiff
Diary & Record keeping
Subpoenas in a Court Case
Wrongful Death
Medical Malpractice
Personal Injury: Winning Strategies - Book Available
Fighting Insurance Companies
Personal Injury Interview Form
Personal Injury Fact Sheet
4. WE PUBLISH YOUR FORMS AND ARTICLES
The American Bar Association Tort & Insurance Law Committee of the General Practice Division monitors federal and state legislation affecting rules of procedure and tort reform The committee presents and sponsors programs at the Annual Meeting often dealing in tort and litigation issues.
Articles needed for American Bar Association Tort & Insurance Law Committee Newsletter
They feature a newsletter with Personal Injury forms and articles plus tips on marketing and improving service to clients. Kenneth Vercammen of Edison serves as the Editor. Please email articles, suggestions or ideas you wish to share with others in the Tort and Insurance Committee. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. The ABA is increasing the frequency of publication of their email newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author.
5. Reminder: Elder Law 2008- Expanding and Marketing an Elder Law Practice Program at ABA Annual Meeting 50+ Forms and articles
Saturday, August 9, 2008 2:00 - 3:30 p.m. American Bar Association Annual Meeting Hilton, New York City, New York
Speakers: Jay Foonberg, Esq. - Author of Best Sellers “How to Start and Build a Law Practice” and “How To Get and Keep Good Clients”, Beverly Hills, CA Charles Sabatino, Director of the ABA's Commission on Law & Aging Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ Parag Patel, Esq., – Iselin, NJ
Primary Sponsors: General Practice Section Requested co-sponsors: ABA Commission on Law & Aging, Health Law Section, YLD, LPM, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
List of Articles on CD for Elder Law August 9, 2008 American Bar Association General Practice Division
Forms and Documents to be Provided on CD 1 New Client schedule appointment .doc 2 Confidential Will Questionnaire 3 Will bill.doc 4 WILL DRAFT CO 5. Doctor Cert sign POA, will Dr.doc 6 Thank you for Referral_.doc 7 POA DRAFT lt.doc 8 Will Signing Instruction.doc 9 Referral Out Another Atty fax.doc 10 No rep.doc 11 Recommend Will to Cl.doc 12 Post WILL.doc 13 Client questionnaire end case. 14 POA Grantor Now.doc 15 Wills article 25.doc 16 POA Power of Attorney- article 17 LIVING WILLS.doc 18 Gay and Lesbians- Advance Directives.doc 19 Letter of Instruction.doc 20 Remove Executor.doc 21 Alzheimer, POA Guardianship.doc 22 ANSWERS to Questions Probate.doc 23 Estate Planning 10 Ideas.doc 24 Executor Duties.doc 25 Prenuptial Ag.doc 26 Undue Influence article.doc 27 Attorney- Client Confidentiality.doc 29 Executor to Pay and Notify Cred.doc 29 If no Will.doc 30 NJlaws website & articles.doc 31 Trusts.doc 32 Caveat to Will.doc 33 Central Jersey Elder articles.doc 34 ABA Estate Plan Winter 2008 .doc 35 Estate Plan ABA Nov 2007 .doc 36 ABA ELDER News Aug 2007 GP.doc 37 ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice.doc 39 Estate Probate ABA news May. 2007 40 Elder Law ABA news Feb.doc 41 partition suits.doc 42 INTESTACY .doc 43 Lincoln 17- no charge 44 Guardianship bill 45 RETAINER Probate ESTATE 46 WILL - sign front notary 47 Confidentiality Lt to Client 48 Elective Share of Spouse.doc 49 Joint Bank Accounts Upon Death.doc 50 Probate Release Refund Bond.doc 51 Pick Up old Will 52 Index to Documents 53 NJ Probate & Elder Law News Summer 2008 [not on CD]
Contact Kenneth Vercammen, Esq. for program information 732-572-0500
Contact American Bar Association's ITS at 800-421-0459 for registration
6. Great Seminars and Events at ABA New York Meeting for Solo & Small Firm Attorneys
Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys
THURSDAY, AUGUST 7
Registration Opens > 8:00 a.m.
Rhinelander Gallery, 2nd Floor, Hilton New York
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. to 3:30 p.m.
Day of Equality: 7 Habits of Highly Successful Women in the Industry—
Tort Trial and Insurance Practice Section
Nassau Suite B, 2nd Floor, Hilton New York
3:45 p.m- . The Last Thing Hanging in the Closet: Legal Assistance for Lesbian, Gay, Bisexual and Transgender Domestic Violence Victims
Hilton New York Petit Trianon, 3rd Floor
5:30 p.m. to 7:00 p.m.
Day of Equalitea Reception
West Ballroom (3rd Floor), Hilton New York [Free]
6:30 p.m. to 8:00 p.m.
Litigation Welcome & Outreach Reception
Grand Salon, Lobby Level, Jumeirah
Essex House [across from Central Par] [Free]
7:00 p.m. – 8:30 p.m. LPM Gathering Reception The Atrium Room @ Remi Restaurant (145 West 53rd Street - between 6th and 7th Avenues) [Free] [approx 2 blocks from Hilton]
8:00 p.m. – 11:00 p.m. GP Chair’s Hospitality Suite
Plymouth Room, 9th Floor, Westin Times Square [Free] [approx 12 blocks from Hilton]
Friday, August 8—
6:45am Run 5 miles Central Park Start at NY Hilton
8:00 a.m. – 9:00 a.m. LPM Group Breakfast Sheraton
Riverside Ballroom (3rd Floor)
8:30 a.m. – 10:00 a.m. Solo Day: Takin’ It to the House
Morgan Suite, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. Solo Day: Running with the Big Dogs : How To Eat Well Without Being Swallowed Up. A
Primer on Getting Work from Large Law Firms
and Corporate Clients.
Nassau Suite A, 2nd Floor, Hilton New York
Hilton New York Nassau Suite A, 2nd Floor
8:30 a.m. Improving Your Public Speaking Skills Center for Continuing Legal Education
Nassau Suite B, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. CLE - Best of ABA TECHSHOW: Law Practice Management & Technology Tips Conference Room D, Executive Conference Center - Sheraton Towers
11:00 a.m. to 12:00 Noon
Professional Development
Program—Presentation Skills:
Coaching & Tips for the IP
Practitioner
Starlight South Terrace, 18th Floor,
Waldorf=Astoria [approx 6 blocks from Hilton]
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. – 3:30 p.m. Solo Day: The Pot of Gold at the end of the Rainbow Retirement Planning, Pensions & Estate Planning for You and Your Firm Hilton New York Nassau Suite A, 2nd Floor
2 :00 p.m. – 3:30 p.m.
Working Together, Wherever You Are: The Lawyer's Guide to Collaboration Tools Conference Room D, Executive Conference Center, Sheraton New York LPM
3:45 p.m. to 5:15 p.m.
Annual Survey of Supreme Court Decisions—Criminal Cases
Conference Room K, Executive Conference Center, Sheraton New York
This program will review and discuss the cases that came before the Supreme Court during the current term. Constitutional, evidentiary issues and habeas cases will be addressed.
5:30 p.m. to 7pm ABA Women Rainmakers Reception Sheraton New York
Lenox Ballroom, 2nd Floor
6:00 p.m. to 7:30 p.m.
Welcome Reception for the Sections of International Law,
The Starlight Roof, 18th Floor,
Waldorf=Astoria
Primary Sponsor: Section of International Law
Additional Sponsors: Section of Science &
Technology Law, Intellectual Property Law and
Science & Technology Law [$$]
10:00 p.m. – 12:00 a.m. GP Chair’s Hospitality Suite Plymouth, 9th Floor, Westin Times Square
SATURDAY, AUGUST 9
6:45am Run 5 miles Central Park Start at NY Hilton
8:30 a.m. – 10:00 a.m. CLE - Social Networking Sites: The Newest Tools for Investigative Research Conference Room D, Executive Conference Center - Sheraton
10:45 a.m. – 12:15 p.m.
"Going Solo - Starting Your Own Firm"
Belasco Room, 5th Floor of the New York Marriott Marquis
[Approx 9 blocks from Hilton]
2pm Elder Law 2008—Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
Additional Sponsors: Senior Lawyers
Division, Young Lawyers Division,
Health Law Section, Section of Real
Property, Trust and Estate Law, Section of
Taxation; Commission on Law & Aging and Physical Disability Law
3:45 PM -5:15 The Lawyer’s Guide to Buying, Selling, Merging and/or Closing a Law Practice
General Practice, Solo & Small Firm Division
Nassau Suite B, 2nd Floor, Hilton New York
4:30 p.m. to 6:30 p.m.
GP Incoming Chair’s Event
Plymouth, 9th Floor, Westin Times Square
OPENING ASSEMBLY > 5:30 p.m.
Grand Ballroom, 3rd Floor, Waldorf=Astoria
Admittance by Badge Only (No Charge)
The TomCats Jazz Aces
President’s Reception > 7:00 p.m. - 9
Museum of Modern Art MoMA, 11 West 53rd Street, New York [$]
SUNDAY, AUGUST 10
6:45am Run 5 miles Central Park Start at NY Hilton
7:30 Solo Caucus Breakfast 7:30 a.m. - 9:00 a.m.
Westin Times Square, Gershwin II Room, 4th floor New York, New York
8:30 AM The Art of Impeachment
Madison Suite, 2nd Floor, Hilton New
York
2:00 p.m. to 3:30 p.m.
The Future is Now! Blogs, Social Networks, Second Life and
How They are Changing the Legal Profession
Rendezvous Trianon, 3rd Floor, Hilton New York
Primary Sponsor: Section of Science & Technology
Voting- House of Delegates ABA
The polls will be open during the following hours:
Thursday, August 7 8:00 a.m. to 6:00 p.m.
Friday, August 8 8:00 a.m. to 6:00 p.m.
Saturday, August 9 8:00 a.m. to 6:00 p.m.
Sunday, August 10 8:00 a.m. to 5:00 p.m.
Monday, August 11 8:00 a.m. to 5:00 p.m.
Tuesday, August 12 8:00 a.m. to 10:00 a.m.
Six Delegates-at-Large are elected at each Annual
Meeting to serve a three-year term in the House
of Delegates. Any member of the Association is
eligible to be a Delegate-at-Large, although of the
six elected each year, no two may be accredited to
the same state, territory or possession. Nominations
for Delegates at Large are made by written petition.
At this Annual Meeting, there will also be two
Delegate-at-Large elected to fill vacancies. All
ABA lawyer members who have registered at the
Annual Meeting are entitled to vote for Delegates-
at-Large. Voting will commence on Thursday,
August 7, and continue until 10:00 a.m. on Tuesday,
_______________________
TORT AND INSURANCE COMMITTEE General Practice, Solo and Small Firm Division
Chair: Patricia Sexton, Kansas City
Mailing Address: Patricia A Sexton
Polsinelli Shalton Welte et al
Ste 1000
700 W 47th St
Kansas City, MO 64112-1805
Business Phone: (816) 753-1000
Fax: (816) 753-1536
E-Mail: psexton@polsinelli.com
Kenneth Vercammen, Esq. Deputy Chair and Past Chair
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
kenv@njlaws.com
website- http://njpersonalinjurylawcenter.com/
Personal Injury blog- http://njlawspersonalinjury.blogspot.com/
ABA General Practice, Solo and Small Firm Division American Bar Association
Chair: Patricia Sexton, Kansas City
Kenneth Vercammen, Esq. Deputy Chair & Editor
In this Issue:
1.What to Expect in a Personal Injury Case
2. 486b TRUSTS By Thomas D. Begley, Jr., Esquire
3. Useful Personal Injury and Civil Litigation articles added to website http://njpersonalinjurylawcenter.com/:
4. WE PUBLISH YOUR FORMS AND ARTICLES
1. What to Expect in a Personal Injury Case
Compiled by Kenneth A. Vercammen, Esq
The procedures in a Plaintiff personal injury case may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. The following a is portion of the details you may wish to inform your new personal injury clients after you have been retained:
Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement.
Filing of Complaint
If early settlement is not productive, then a complaint is filed, and the parties
served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an "Answer." The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question.
Doctor/ Treatment
It will help your case to tell us and your doctors about any injury or
medical problems before or after your accident. Good cases can be lost by
the injured person's concealing or forgetting an earlier or later injury or
medical problem. Insurance companies keep a record of any and all claims
against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.
Tell your doctors all of your complaints. The doctor's records can only be
as complete as what you have given. Keep track of all prescriptions and
medicines taken and the bills therefore. Also save all bottles or containers
of medicine.
Diary
You should keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc.
In other words, we need you to describe the changes in your working life,
your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook.
And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.
Record Medical and out of pocket expenses
You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.
The Deposition
The deposition is just as important as the trial itself, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.
Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
Do not discuss the case
The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you not discuss this matter
with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
* Questioning: If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
* Surveillance: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.
However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.
There are cases where the insurance agent has attempted to discredit a
personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.
Kenneth Vercammen, Esq.
Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.
2. 486b TRUSTS By Thomas D. Begley, Jr., Esquire
Section 468(b) of the Internal Revenue Code[1] authorizes the establishment of Designated Settlement Funds or Qualified Settlement Funds. These funds are usually collectively referred to as Qualified Settlement Funds (QSFs). The purpose of these funds is to permit a defendant in certain types of litigation to deposit funds into a trust and to receive a full and complete release of liability. The defendant is entitled to a current income tax deduction for the amount paid into the fund at the time the funds are deposited into the trust. This is an exception to the general rule under which the tax deduction is not permitted until the funds are actually disbursed to the plaintiff, which is normally the time in which the plaintiff has received the “economic benefit” of the settlement.
These QSFs arose out of class action lawsuits. They can be very useful in personal injury actions and other types of cases where there are multiple plaintiffs. Many of these cases also have multiple defendants. The QSF is usually established prior to trial. The parties agree on a maximum amount for a settlement. The defendant pays that amount into the QSF and the parties can then take their time in allocating the settlement among themselves and in dealing with various liens, such as Medicaid, Medicare, and third party subrogation. The QSF could also be established after a jury award, as long as there is an appeal pending.
Advantages of 468(b) trusts include the following:
• Defendant Removed from Litigation. Defendants want to be out of the case. By utilizing a QSF a defendant can pay and go. The defendant pays the funds into the QSF and the parties later allocate the settlement between themselves, determine how much should be lump sum and how much to structure, determine whether a special needs trust is required, and wait while a guardian is appointed for an incompetent plaintiff, if required.
• Defendant Removed from Allocation of Settlement. Where 468(b) trusts are used, the defendant leaves to the plaintiff the issue of allocating the settlement among injured parties.
• Plaintiff’s Attorney’s Fees and Costs. When a 468(b) trust is used, the plaintiff’s counsel can be paid fees immediately from the QSF and litigation expenses can also be paid.
• Income to Plaintiff. The plaintiff will immediately begin to receive income from the settlement held by the 468(b) trust. Without the trust, the defendant would be holding the money and the plaintiff would not be receiving the benefit of the income.
• Deduction to Defendant. Defendants and their insurers are able to obtain immediate tax deductions, rather than waiting for “economic performance” to occur.
• Negotiations. Time is no longer a factor in negotiations with Medicare, Medicaid, and third party insurers. Addition time is available to negotiate and satisfy those liens.
Copyright 2008 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
3. Useful Personal Injury and Civil Litigation articles added to website http://njpersonalinjurylawcenter.com/:
What to do in an Accident
What to Expect in a Personal Injury Case
What is a Deposition?
Dog Bites
Uninsured & Underinsured Injury Cases
Workers' Compensation
Hit and Run Injuries
Fall Down Law in New Jersey Based on Jury Request to Charge
Accident Victims Rights: Insurance to Pay for Medical Treatment
NJ Medical Fee Schedule
Lost Wages
Submission of Bills to Car Ins.
Filing of Complaint
Investigation of Defendant Ins.
Interrogatory Questions to Plaintiff
Diary & Record keeping
Subpoenas in a Court Case
Wrongful Death
Medical Malpractice
Personal Injury: Winning Strategies - Book Available
Fighting Insurance Companies
Personal Injury Interview Form
Personal Injury Fact Sheet
4. WE PUBLISH YOUR FORMS AND ARTICLES
The American Bar Association Tort & Insurance Law Committee of the General Practice Division monitors federal and state legislation affecting rules of procedure and tort reform The committee presents and sponsors programs at the Annual Meeting often dealing in tort and litigation issues.
Articles needed for American Bar Association Tort & Insurance Law Committee Newsletter
They feature a newsletter with Personal Injury forms and articles plus tips on marketing and improving service to clients. Kenneth Vercammen of Edison serves as the Editor. Please email articles, suggestions or ideas you wish to share with others in the Tort and Insurance Committee. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. The ABA is increasing the frequency of publication of their email newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author.
5. Reminder: Elder Law 2008- Expanding and Marketing an Elder Law Practice Program at ABA Annual Meeting 50+ Forms and articles
Saturday, August 9, 2008 2:00 - 3:30 p.m. American Bar Association Annual Meeting Hilton, New York City, New York
Speakers: Jay Foonberg, Esq. - Author of Best Sellers “How to Start and Build a Law Practice” and “How To Get and Keep Good Clients”, Beverly Hills, CA Charles Sabatino, Director of the ABA's Commission on Law & Aging Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ Parag Patel, Esq., – Iselin, NJ
Primary Sponsors: General Practice Section Requested co-sponsors: ABA Commission on Law & Aging, Health Law Section, YLD, LPM, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
List of Articles on CD for Elder Law August 9, 2008 American Bar Association General Practice Division
Forms and Documents to be Provided on CD 1 New Client schedule appointment .doc 2 Confidential Will Questionnaire 3 Will bill.doc 4 WILL DRAFT CO 5. Doctor Cert sign POA, will Dr.doc 6 Thank you for Referral_.doc 7 POA DRAFT lt.doc 8 Will Signing Instruction.doc 9 Referral Out Another Atty fax.doc 10 No rep.doc 11 Recommend Will to Cl.doc 12 Post WILL.doc 13 Client questionnaire end case. 14 POA Grantor Now.doc 15 Wills article 25.doc 16 POA Power of Attorney- article 17 LIVING WILLS.doc 18 Gay and Lesbians- Advance Directives.doc 19 Letter of Instruction.doc 20 Remove Executor.doc 21 Alzheimer, POA Guardianship.doc 22 ANSWERS to Questions Probate.doc 23 Estate Planning 10 Ideas.doc 24 Executor Duties.doc 25 Prenuptial Ag.doc 26 Undue Influence article.doc 27 Attorney- Client Confidentiality.doc 29 Executor to Pay and Notify Cred.doc 29 If no Will.doc 30 NJlaws website & articles.doc 31 Trusts.doc 32 Caveat to Will.doc 33 Central Jersey Elder articles.doc 34 ABA Estate Plan Winter 2008 .doc 35 Estate Plan ABA Nov 2007 .doc 36 ABA ELDER News Aug 2007 GP.doc 37 ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice.doc 39 Estate Probate ABA news May. 2007 40 Elder Law ABA news Feb.doc 41 partition suits.doc 42 INTESTACY .doc 43 Lincoln 17- no charge 44 Guardianship bill 45 RETAINER Probate ESTATE 46 WILL - sign front notary 47 Confidentiality Lt to Client 48 Elective Share of Spouse.doc 49 Joint Bank Accounts Upon Death.doc 50 Probate Release Refund Bond.doc 51 Pick Up old Will 52 Index to Documents 53 NJ Probate & Elder Law News Summer 2008 [not on CD]
Contact Kenneth Vercammen, Esq. for program information 732-572-0500
Contact American Bar Association's ITS at 800-421-0459 for registration
6. Great Seminars and Events at ABA New York Meeting for Solo & Small Firm Attorneys
Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys
THURSDAY, AUGUST 7
Registration Opens > 8:00 a.m.
Rhinelander Gallery, 2nd Floor, Hilton New York
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. to 3:30 p.m.
Day of Equality: 7 Habits of Highly Successful Women in the Industry—
Tort Trial and Insurance Practice Section
Nassau Suite B, 2nd Floor, Hilton New York
3:45 p.m- . The Last Thing Hanging in the Closet: Legal Assistance for Lesbian, Gay, Bisexual and Transgender Domestic Violence Victims
Hilton New York Petit Trianon, 3rd Floor
5:30 p.m. to 7:00 p.m.
Day of Equalitea Reception
West Ballroom (3rd Floor), Hilton New York [Free]
6:30 p.m. to 8:00 p.m.
Litigation Welcome & Outreach Reception
Grand Salon, Lobby Level, Jumeirah
Essex House [across from Central Par] [Free]
7:00 p.m. – 8:30 p.m. LPM Gathering Reception The Atrium Room @ Remi Restaurant (145 West 53rd Street - between 6th and 7th Avenues) [Free] [approx 2 blocks from Hilton]
8:00 p.m. – 11:00 p.m. GP Chair’s Hospitality Suite
Plymouth Room, 9th Floor, Westin Times Square [Free] [approx 12 blocks from Hilton]
Friday, August 8—
6:45am Run 5 miles Central Park Start at NY Hilton
8:00 a.m. – 9:00 a.m. LPM Group Breakfast Sheraton
Riverside Ballroom (3rd Floor)
8:30 a.m. – 10:00 a.m. Solo Day: Takin’ It to the House
Morgan Suite, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. Solo Day: Running with the Big Dogs : How To Eat Well Without Being Swallowed Up. A
Primer on Getting Work from Large Law Firms
and Corporate Clients.
Nassau Suite A, 2nd Floor, Hilton New York
Hilton New York Nassau Suite A, 2nd Floor
8:30 a.m. Improving Your Public Speaking Skills Center for Continuing Legal Education
Nassau Suite B, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. CLE - Best of ABA TECHSHOW: Law Practice Management & Technology Tips Conference Room D, Executive Conference Center - Sheraton Towers
11:00 a.m. to 12:00 Noon
Professional Development
Program—Presentation Skills:
Coaching & Tips for the IP
Practitioner
Starlight South Terrace, 18th Floor,
Waldorf=Astoria [approx 6 blocks from Hilton]
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. – 3:30 p.m. Solo Day: The Pot of Gold at the end of the Rainbow Retirement Planning, Pensions & Estate Planning for You and Your Firm Hilton New York Nassau Suite A, 2nd Floor
2 :00 p.m. – 3:30 p.m.
Working Together, Wherever You Are: The Lawyer's Guide to Collaboration Tools Conference Room D, Executive Conference Center, Sheraton New York LPM
3:45 p.m. to 5:15 p.m.
Annual Survey of Supreme Court Decisions—Criminal Cases
Conference Room K, Executive Conference Center, Sheraton New York
This program will review and discuss the cases that came before the Supreme Court during the current term. Constitutional, evidentiary issues and habeas cases will be addressed.
5:30 p.m. to 7pm ABA Women Rainmakers Reception Sheraton New York
Lenox Ballroom, 2nd Floor
6:00 p.m. to 7:30 p.m.
Welcome Reception for the Sections of International Law,
The Starlight Roof, 18th Floor,
Waldorf=Astoria
Primary Sponsor: Section of International Law
Additional Sponsors: Section of Science &
Technology Law, Intellectual Property Law and
Science & Technology Law [$$]
10:00 p.m. – 12:00 a.m. GP Chair’s Hospitality Suite Plymouth, 9th Floor, Westin Times Square
SATURDAY, AUGUST 9
6:45am Run 5 miles Central Park Start at NY Hilton
8:30 a.m. – 10:00 a.m. CLE - Social Networking Sites: The Newest Tools for Investigative Research Conference Room D, Executive Conference Center - Sheraton
10:45 a.m. – 12:15 p.m.
"Going Solo - Starting Your Own Firm"
Belasco Room, 5th Floor of the New York Marriott Marquis
[Approx 9 blocks from Hilton]
2pm Elder Law 2008—Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
Additional Sponsors: Senior Lawyers
Division, Young Lawyers Division,
Health Law Section, Section of Real
Property, Trust and Estate Law, Section of
Taxation; Commission on Law & Aging and Physical Disability Law
3:45 PM -5:15 The Lawyer’s Guide to Buying, Selling, Merging and/or Closing a Law Practice
General Practice, Solo & Small Firm Division
Nassau Suite B, 2nd Floor, Hilton New York
4:30 p.m. to 6:30 p.m.
GP Incoming Chair’s Event
Plymouth, 9th Floor, Westin Times Square
OPENING ASSEMBLY > 5:30 p.m.
Grand Ballroom, 3rd Floor, Waldorf=Astoria
Admittance by Badge Only (No Charge)
The TomCats Jazz Aces
President’s Reception > 7:00 p.m. - 9
Museum of Modern Art MoMA, 11 West 53rd Street, New York [$]
SUNDAY, AUGUST 10
6:45am Run 5 miles Central Park Start at NY Hilton
7:30 Solo Caucus Breakfast 7:30 a.m. - 9:00 a.m.
Westin Times Square, Gershwin II Room, 4th floor New York, New York
8:30 AM The Art of Impeachment
Madison Suite, 2nd Floor, Hilton New
York
2:00 p.m. to 3:30 p.m.
The Future is Now! Blogs, Social Networks, Second Life and
How They are Changing the Legal Profession
Rendezvous Trianon, 3rd Floor, Hilton New York
Primary Sponsor: Section of Science & Technology
Voting- House of Delegates ABA
The polls will be open during the following hours:
Thursday, August 7 8:00 a.m. to 6:00 p.m.
Friday, August 8 8:00 a.m. to 6:00 p.m.
Saturday, August 9 8:00 a.m. to 6:00 p.m.
Sunday, August 10 8:00 a.m. to 5:00 p.m.
Monday, August 11 8:00 a.m. to 5:00 p.m.
Tuesday, August 12 8:00 a.m. to 10:00 a.m.
Six Delegates-at-Large are elected at each Annual
Meeting to serve a three-year term in the House
of Delegates. Any member of the Association is
eligible to be a Delegate-at-Large, although of the
six elected each year, no two may be accredited to
the same state, territory or possession. Nominations
for Delegates at Large are made by written petition.
At this Annual Meeting, there will also be two
Delegate-at-Large elected to fill vacancies. All
ABA lawyer members who have registered at the
Annual Meeting are entitled to vote for Delegates-
at-Large. Voting will commence on Thursday,
August 7, and continue until 10:00 a.m. on Tuesday,
_______________________
TORT AND INSURANCE COMMITTEE General Practice, Solo and Small Firm Division
Chair: Patricia Sexton, Kansas City
Mailing Address: Patricia A Sexton
Polsinelli Shalton Welte et al
Ste 1000
700 W 47th St
Kansas City, MO 64112-1805
Business Phone: (816) 753-1000
Fax: (816) 753-1536
E-Mail: psexton@polsinelli.com
Kenneth Vercammen, Esq. Deputy Chair and Past Chair
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
kenv@njlaws.com
website- http://njpersonalinjurylawcenter.com/
Personal Injury blog- http://njlawspersonalinjury.blogspot.com/
Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys
Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys
THURSDAY, AUGUST 7
Registration Opens > 8:00 a.m.
Rhinelander Gallery, 2nd Floor, Hilton New York
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. to 3:30 p.m.
Day of Equality: 7 Habits of Highly Successful Women in the Industry—
Tort Trial and Insurance Practice Section
Nassau Suite B, 2nd Floor, Hilton New York
3:45 p.m-5 . The Last Thing Hanging in the Closet: Legal Assistance for Lesbian, Gay, Bisexual and Transgender Domestic Violence Victims
Hilton New York Petit Trianon, 3rd Floor
5:30 p.m. to 7:00 p.m.
Day of Equalitea Reception
West Ballroom (3rd Floor), Hilton New York [Free]
6:30 p.m. to 8:00 p.m.
Litigation Welcome & Outreach Reception
Grand Salon, Lobby Level, Jumeirah
Essex House [across from Central Park] [Free]
7:00 p.m. – 8:30 p.m. LPM Gathering Reception The Atrium Room @ Remi Restaurant (145 West 53rd Street - between 6th and 7th Avenues) [Free] [approx 2 blocks from Hilton]
8:00 p.m. – 11:00 p.m. GP Chair’s Hospitality Suite
Plymouth Room, 9th Floor, Westin Times Square [Free] [approx 12 blocks from Hilton]
Friday, August 8—
6:45am Run 5 miles Central Park Start at NY Hilton
8:00 a.m. – 9:00 a.m. LPM Group Breakfast Sheraton
Riverside Ballroom (3rd Floor)
8:30 a.m. – 10:00 a.m. Solo Day: Takin’ It to the House
Morgan Suite, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. Solo Day: Running with the Big Dogs : How To Eat Well Without Being Swallowed Up. A
Primer on Getting Work from Large Law Firms
and Corporate Clients.
Nassau Suite A, 2nd Floor, Hilton New York
Hilton New York Nassau Suite A, 2nd Floor
8:30 a.m. Improving Your Public Speaking Skills Center for Continuing Legal Education
Nassau Suite B, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. CLE - Best of ABA TECHSHOW: Law Practice Management & Technology Tips Conference Room D, Executive Conference Center - Sheraton Towers
11:00 a.m. to 12:00 Noon
Professional Development
Program—Presentation Skills:
Coaching & Tips for the IP
Practitioner
Starlight South Terrace, 18th Floor,
Waldorf=Astoria [approx 6 blocks from Hilton]
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. – 3:30 p.m. Solo Day: The Pot of Gold at the end of the Rainbow Retirement Planning, Pensions & Estate Planning for You and Your Firm Hilton New York Nassau Suite A, 2nd Floor
2 :00 p.m. – 3:30 p.m.
Working Together, Wherever You Are: The Lawyer's Guide to Collaboration Tools Conference Room D, Executive Conference Center, Sheraton New York LPM
3:45 p.m. to 5:15 p.m.
Annual Survey of Supreme Court Decisions—Criminal Cases
Conference Room K, Executive Conference Center, Sheraton New York
This program will review and discuss the cases that came before the Supreme Court during the current term. Constitutional, evidentiary issues and habeas cases will be addressed.
5:30 p.m. to 7pm ABA Women Rainmakers Reception Sheraton New York
Lenox Ballroom, 2nd Floor
6:00 p.m. to 7:30 p.m.
Welcome Reception for the Sections of International Law,
The Starlight Roof, 18th Floor,
Waldorf=Astoria
Primary Sponsor: Section of International Law
Additional Sponsors: Section of Science &
Technology Law, Intellectual Property Law and
Science & Technology Law [$$]
10:00 p.m. – 12:00 a.m. GP Chair’s Hospitality Suite Plymouth, 9th Floor, Westin Times Square
SATURDAY, AUGUST 9
6:45am Run 5 miles Central Park Start at NY Hilton
8:30 a.m. – 10:00 a.m. CLE - Social Networking Sites: The Newest Tools for Investigative Research Conference Room D, Executive Conference Center - Sheraton
10:45 a.m. – 12:15 p.m.
"Going Solo - Starting Your Own Firm"
Belasco Room, 5th Floor of the New York Marriott Marquis
[Approx 9 blocks from Hilton]
2pm Elder Law 2008—Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
Additional Sponsors: Senior Lawyers
Division, Young Lawyers Division,
Health Law Section, Section of Real
Property, Trust and Estate Law, Section of
Taxation; Commission on Law & Aging and Physical Disability Law
3:45 PM -5:15 The Lawyer’s Guide to Buying, Selling, Merging and/or Closing a Law Practice
General Practice, Solo & Small Firm Division
Nassau Suite B, 2nd Floor, Hilton New York
4:30 p.m. to 6:30 p.m.
GP Incoming Chair’s Event
Plymouth, 9th Floor, Westin Times Square
OPENING ASSEMBLY > 5:30 p.m.
Grand Ballroom, 3rd Floor, Waldorf=Astoria
Admittance by Badge Only (No Charge)
The TomCats Jazz Aces
President’s Reception > 7:00 p.m. - 9
Museum of Modern Art MoMA, 11 West 53rd Street, New York [$]
SUNDAY, AUGUST 10
6:45am Run 5 miles Central Park Start at NY Hilton
7:30 Solo Caucus Breakfast 7:30 a.m. - 9:00 a.m.
Westin Times Square, Gershwin II Room, 4th floor New York, New York
8:30 AM The Art of Impeachment
Madison Suite, 2nd Floor, Hilton New
York
2:00 p.m. to 3:30 p.m.
The Future is Now! Blogs, Social Networks, Second Life and
How They are Changing the Legal Profession
Rendezvous Trianon, 3rd Floor, Hilton New York
Primary Sponsor: Section of Science & Technology
Voting- House of Delegates ABA
The polls will be open during the following hours:
Thursday, August 7 8:00 a.m. to 6:00 p.m.
Friday, August 8 8:00 a.m. to 6:00 p.m.
Saturday, August 9 8:00 a.m. to 6:00 p.m.
Sunday, August 10 8:00 a.m. to 5:00 p.m.
Monday, August 11 8:00 a.m. to 5:00 p.m.
Tuesday, August 12 8:00 a.m. to 10:00 a.m.
Six Delegates-at-Large are elected at each Annual
Meeting to serve a three-year term in the House
of Delegates. Any member of the Association is
eligible to be a Delegate-at-Large, although of the
six elected each year, no two may be accredited to
the same state, territory or possession. Nominations
for Delegates at Large are made by written petition.
At this Annual Meeting, there will also be two
Delegate-at-Large elected to fill vacancies. All
ABA lawyer members who have registered at the
Annual Meeting are entitled to vote for Delegates-
at-Large. Voting will commence on Thursday,
August 7, and continue until 10:00 a.m. on Tuesday,
THURSDAY, AUGUST 7
Registration Opens > 8:00 a.m.
Rhinelander Gallery, 2nd Floor, Hilton New York
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. to 3:30 p.m.
Day of Equality: 7 Habits of Highly Successful Women in the Industry—
Tort Trial and Insurance Practice Section
Nassau Suite B, 2nd Floor, Hilton New York
3:45 p.m-5 . The Last Thing Hanging in the Closet: Legal Assistance for Lesbian, Gay, Bisexual and Transgender Domestic Violence Victims
Hilton New York Petit Trianon, 3rd Floor
5:30 p.m. to 7:00 p.m.
Day of Equalitea Reception
West Ballroom (3rd Floor), Hilton New York [Free]
6:30 p.m. to 8:00 p.m.
Litigation Welcome & Outreach Reception
Grand Salon, Lobby Level, Jumeirah
Essex House [across from Central Park] [Free]
7:00 p.m. – 8:30 p.m. LPM Gathering Reception The Atrium Room @ Remi Restaurant (145 West 53rd Street - between 6th and 7th Avenues) [Free] [approx 2 blocks from Hilton]
8:00 p.m. – 11:00 p.m. GP Chair’s Hospitality Suite
Plymouth Room, 9th Floor, Westin Times Square [Free] [approx 12 blocks from Hilton]
Friday, August 8—
6:45am Run 5 miles Central Park Start at NY Hilton
8:00 a.m. – 9:00 a.m. LPM Group Breakfast Sheraton
Riverside Ballroom (3rd Floor)
8:30 a.m. – 10:00 a.m. Solo Day: Takin’ It to the House
Morgan Suite, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. Solo Day: Running with the Big Dogs : How To Eat Well Without Being Swallowed Up. A
Primer on Getting Work from Large Law Firms
and Corporate Clients.
Nassau Suite A, 2nd Floor, Hilton New York
Hilton New York Nassau Suite A, 2nd Floor
8:30 a.m. Improving Your Public Speaking Skills Center for Continuing Legal Education
Nassau Suite B, 2nd Floor, Hilton New York
8:30 a.m. – 10:00 a.m. CLE - Best of ABA TECHSHOW: Law Practice Management & Technology Tips Conference Room D, Executive Conference Center - Sheraton Towers
11:00 a.m. to 12:00 Noon
Professional Development
Program—Presentation Skills:
Coaching & Tips for the IP
Practitioner
Starlight South Terrace, 18th Floor,
Waldorf=Astoria [approx 6 blocks from Hilton]
ABA EXPO 10:00 a.m. -4:00 p.m.
America's Hall I/II, Hilton New York
2:00 p.m. – 3:30 p.m. Solo Day: The Pot of Gold at the end of the Rainbow Retirement Planning, Pensions & Estate Planning for You and Your Firm Hilton New York Nassau Suite A, 2nd Floor
2 :00 p.m. – 3:30 p.m.
Working Together, Wherever You Are: The Lawyer's Guide to Collaboration Tools Conference Room D, Executive Conference Center, Sheraton New York LPM
3:45 p.m. to 5:15 p.m.
Annual Survey of Supreme Court Decisions—Criminal Cases
Conference Room K, Executive Conference Center, Sheraton New York
This program will review and discuss the cases that came before the Supreme Court during the current term. Constitutional, evidentiary issues and habeas cases will be addressed.
5:30 p.m. to 7pm ABA Women Rainmakers Reception Sheraton New York
Lenox Ballroom, 2nd Floor
6:00 p.m. to 7:30 p.m.
Welcome Reception for the Sections of International Law,
The Starlight Roof, 18th Floor,
Waldorf=Astoria
Primary Sponsor: Section of International Law
Additional Sponsors: Section of Science &
Technology Law, Intellectual Property Law and
Science & Technology Law [$$]
10:00 p.m. – 12:00 a.m. GP Chair’s Hospitality Suite Plymouth, 9th Floor, Westin Times Square
SATURDAY, AUGUST 9
6:45am Run 5 miles Central Park Start at NY Hilton
8:30 a.m. – 10:00 a.m. CLE - Social Networking Sites: The Newest Tools for Investigative Research Conference Room D, Executive Conference Center - Sheraton
10:45 a.m. – 12:15 p.m.
"Going Solo - Starting Your Own Firm"
Belasco Room, 5th Floor of the New York Marriott Marquis
[Approx 9 blocks from Hilton]
2pm Elder Law 2008—Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
Additional Sponsors: Senior Lawyers
Division, Young Lawyers Division,
Health Law Section, Section of Real
Property, Trust and Estate Law, Section of
Taxation; Commission on Law & Aging and Physical Disability Law
3:45 PM -5:15 The Lawyer’s Guide to Buying, Selling, Merging and/or Closing a Law Practice
General Practice, Solo & Small Firm Division
Nassau Suite B, 2nd Floor, Hilton New York
4:30 p.m. to 6:30 p.m.
GP Incoming Chair’s Event
Plymouth, 9th Floor, Westin Times Square
OPENING ASSEMBLY > 5:30 p.m.
Grand Ballroom, 3rd Floor, Waldorf=Astoria
Admittance by Badge Only (No Charge)
The TomCats Jazz Aces
President’s Reception > 7:00 p.m. - 9
Museum of Modern Art MoMA, 11 West 53rd Street, New York [$]
SUNDAY, AUGUST 10
6:45am Run 5 miles Central Park Start at NY Hilton
7:30 Solo Caucus Breakfast 7:30 a.m. - 9:00 a.m.
Westin Times Square, Gershwin II Room, 4th floor New York, New York
8:30 AM The Art of Impeachment
Madison Suite, 2nd Floor, Hilton New
York
2:00 p.m. to 3:30 p.m.
The Future is Now! Blogs, Social Networks, Second Life and
How They are Changing the Legal Profession
Rendezvous Trianon, 3rd Floor, Hilton New York
Primary Sponsor: Section of Science & Technology
Voting- House of Delegates ABA
The polls will be open during the following hours:
Thursday, August 7 8:00 a.m. to 6:00 p.m.
Friday, August 8 8:00 a.m. to 6:00 p.m.
Saturday, August 9 8:00 a.m. to 6:00 p.m.
Sunday, August 10 8:00 a.m. to 5:00 p.m.
Monday, August 11 8:00 a.m. to 5:00 p.m.
Tuesday, August 12 8:00 a.m. to 10:00 a.m.
Six Delegates-at-Large are elected at each Annual
Meeting to serve a three-year term in the House
of Delegates. Any member of the Association is
eligible to be a Delegate-at-Large, although of the
six elected each year, no two may be accredited to
the same state, territory or possession. Nominations
for Delegates at Large are made by written petition.
At this Annual Meeting, there will also be two
Delegate-at-Large elected to fill vacancies. All
ABA lawyer members who have registered at the
Annual Meeting are entitled to vote for Delegates-
at-Large. Voting will commence on Thursday,
August 7, and continue until 10:00 a.m. on Tuesday,
Elder Law 2008- Expanding and Marketing an Elder Law Practice
Elder Law 2008- Expanding and Marketing an Elder Law Practice
Saturday, August 9, 2008 2:00 - 3:30 p.m.
American Bar Association Annual Meeting, New York City
Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Charles Sabatino, director of the ABA's Commission on Law & Aging
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Parag Patel, Esq. Iselin, NJ
Joan Burda, Ohio
Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Medicaid Law changes in 2006-2007- Protect yourself from inaccurate advice and malpractice
Getting referrals from other professionals
The aftermath of the Terry Schiavo case and Living Wills.
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
- Foonberg's 10 page check list."
How to get more referrals and repeat business
How to manage telephone conversations with your clients
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Medicaid and will need legal advise. Elder Law is one of the biggest growth fields. Substantial changes in Medicaid law requires attorneys to learn ideas to avoid Medicaid/ nursing home liens.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Association's Experient at 800-421-0450 or at aba@experient-inc.com for registration & tickwets to events
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Saturday, August 9, 2008 2:00 - 3:30 p.m.
American Bar Association Annual Meeting, New York City
Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Charles Sabatino, director of the ABA's Commission on Law & Aging
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Parag Patel, Esq. Iselin, NJ
Joan Burda, Ohio
Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Medicaid Law changes in 2006-2007- Protect yourself from inaccurate advice and malpractice
Getting referrals from other professionals
The aftermath of the Terry Schiavo case and Living Wills.
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
- Foonberg's 10 page check list."
How to get more referrals and repeat business
How to manage telephone conversations with your clients
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Medicaid and will need legal advise. Elder Law is one of the biggest growth fields. Substantial changes in Medicaid law requires attorneys to learn ideas to avoid Medicaid/ nursing home liens.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Association's Experient at 800-421-0450 or at aba@experient-inc.com for registration & tickwets to events
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Saturday, May 10, 2008
Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
NJSBA Annual Meeting and Convention.
NJSBA Annual Meeting and Convention Annual Meeting and Convention 2008 Trump Taj Mahal Casino Resort in Atlantic City May 21 - 23. The NJ State Bar Association will hold its 2008 Annual Meeting and Convention at the Trump Taj Mahal Casino Resort, right on the Atlantic City Boardwalk. A favorite location for the NJSBA's annual conference, the boardwalk offers the Atlantic City seaside right outside the doors of the resort. Attend from May 21-22 for education, top speakers and networking with the top legal professionals in the state and your fellow NJSBA members.
Hot Topics in Municipal Court Practice Thursday, May 22 (8 - 9:30 a.m.)
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Transitional & Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An overview of the top 25 municipal court cases of the year and interactive discussion of the most current topics in municipal court.
Speakers: Paris P. Eliades, Esq. - Daggett Kraemer Eliades Kovach & Ursin, Sparta
Kenneth A. Vercammen, Esq. - Kenneth Vercammen & Associates, Edison
http://www.njsba.com/calendar_events/index.cfm?fuseaction=annual_mtg#207
Alcotest Update - State v. Chun
Municipal Court Practice Section NJ Institute for Continuing Legal Education (Municipal Court Practice Track)
Thursday, May 22 (1 - 2:30 p.m.)
Trial Attorney Certification: 1.5 criminal credits pending
NY CLE (Non-transitional): 1.5 professional practice credits
PA CLE: 1.5 substantive credits pending ($8 fee payable to ICLE)
An analysis of the recent Chun discussion and the documentation required in order to admit the Alcotest 7110 into evidence.
Speaker: Jeffrey E. Gold, Esq. Vice Chair, Municipal Court Practice Section Gold & Farrow, PC, Cherry Hill
Friday, April 18, 2008
NJ Laws Email Newsletter E271 - April 7, 2008
In This Issue
_______________
1. Car Insurance coverage liberally applied to victim of shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences.
3. Contractors Must Register With Consumer Affairs.
4. Police May need to give 2nd Miranda Warnings.
5. Upcoming Charity Running Events.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer.
_______________________________________________________________
1. Car Insurance coverage liberally applied to victim of shooting Livsey v. Mercury Insurance Group 396 NJ Super. 373 (App. Div. 2007).
Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences. State v. J.J. ___ NJ Super. ___ (Decided December 11, 2007) A-2777-05T5.
When, as part of a guilty plea, defendant is subject to community supervision under Megan's Law, the court must ensure that defendant understands the particular consequences of such supervision. In this case, defendant was not informed that Megan's Law would prevent him from living with his new wife and her child. Therefore, defendant should have been allowed to withdraw his guilty plea and proceed to trial on all the charges contained in the indictments.
3. Contractors Must Register With Consumer Affairs. State v. Rowland 396 NJ Super. 126 (App. Div. 2007).
The Contractors' Registration Act, N.J.S.A. 56:8-136 to -152, includes provisions under which knowingly engaging in the business of making or selling home improvements without having registered with the Division of Consumer Affairs is a fourth degree crime. Although the Act states that "a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree," the underlined phrase does not mean that the State must prove defendant knew about the Act and its provisions. In short, when used in a statute, the underlined phrase does not make knowledge of the law an element of the crime.
4. Police May need to give 2nd Miranda Warnings. State v. Nyhammer 396 NJ Super. 72 (App. Div. 2007).
The Court reversed a conviction for aggravated sexual assault on a girl, then nine years old, concluding that each of two rulings constituted reversible error. First, the judge should not have admitted defendant's confession. An investigator called defendant and explained he was conducting an investigation against another man in connection with the abuse of another child as well as the victim in this case. The investigator did not indicate to defendant that the victim in this case had made allegations of abuse by defendants. Defendant went to the police station. The investigator gave defendant the Miranda warnings. After defendant gave a formal statement regarding the incident of abuse by the other man, the investigator told him that the victim had made accusations against defendant as well. Defendant became distraught. Miranda warnings were not given a second time. Defendant confessed. The Court concludes that defendant did not make a knowing and voluntary waiver of his right to remain silent. Therefore, his confession was admissible.
Second, the Court concluded that the victim's hearsay videotape, which was the sole substantive evidence proving defendant's conduct, should have been excluded from evidence, pursuant to confrontation clause. The videotaped statement was "testimonial," there was no prior opportunity for defendant to cross-examine the victim, and there was no opportunity for an adequate and meaningful cross-examination at trial because the victim was unresponsive to many questions. At trial, she did not recollect questions going to the heart of the charges. Therefore, the videotape was the sole substantive evidence at trial.
5. Upcoming Charity Running Events.
April 19 - Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 If you cant run, you can still help by contributing or buying a ticket for the post run party
April 26 - CASA Kids 5K Run 9am Princeton Pike Corporate Center, 1009 Lenox Drive Lawrenceville, NJ 08648, Race Hotline: 609 631-9211, Great race organized by Gerry Fennelly. When you register, write down under the team category- "RVRR Ken V."
May 3 - Farmlands 50 mile bike- Central Jersey Bike Club Middletown.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer in the Criminal Law - DWI section for the third year in a row.
HOW SUPER LAWYERS ARE SELECTED:
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers
http://www.njlaws.com/superlawyer.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Car Insurance coverage liberally applied to victim of shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences.
3. Contractors Must Register With Consumer Affairs.
4. Police May need to give 2nd Miranda Warnings.
5. Upcoming Charity Running Events.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer.
_______________________________________________________________
1. Car Insurance coverage liberally applied to victim of shooting Livsey v. Mercury Insurance Group 396 NJ Super. 373 (App. Div. 2007).
Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
2. Guilty plea permitted to be withdrawn where defendant not advised of plea consequences. State v. J.J. ___ NJ Super. ___ (Decided December 11, 2007) A-2777-05T5.
When, as part of a guilty plea, defendant is subject to community supervision under Megan's Law, the court must ensure that defendant understands the particular consequences of such supervision. In this case, defendant was not informed that Megan's Law would prevent him from living with his new wife and her child. Therefore, defendant should have been allowed to withdraw his guilty plea and proceed to trial on all the charges contained in the indictments.
3. Contractors Must Register With Consumer Affairs. State v. Rowland 396 NJ Super. 126 (App. Div. 2007).
The Contractors' Registration Act, N.J.S.A. 56:8-136 to -152, includes provisions under which knowingly engaging in the business of making or selling home improvements without having registered with the Division of Consumer Affairs is a fourth degree crime. Although the Act states that "a person who knowingly violates any of the provisions of this act is guilty of a crime of the fourth degree," the underlined phrase does not mean that the State must prove defendant knew about the Act and its provisions. In short, when used in a statute, the underlined phrase does not make knowledge of the law an element of the crime.
4. Police May need to give 2nd Miranda Warnings. State v. Nyhammer 396 NJ Super. 72 (App. Div. 2007).
The Court reversed a conviction for aggravated sexual assault on a girl, then nine years old, concluding that each of two rulings constituted reversible error. First, the judge should not have admitted defendant's confession. An investigator called defendant and explained he was conducting an investigation against another man in connection with the abuse of another child as well as the victim in this case. The investigator did not indicate to defendant that the victim in this case had made allegations of abuse by defendants. Defendant went to the police station. The investigator gave defendant the Miranda warnings. After defendant gave a formal statement regarding the incident of abuse by the other man, the investigator told him that the victim had made accusations against defendant as well. Defendant became distraught. Miranda warnings were not given a second time. Defendant confessed. The Court concludes that defendant did not make a knowing and voluntary waiver of his right to remain silent. Therefore, his confession was admissible.
Second, the Court concluded that the victim's hearsay videotape, which was the sole substantive evidence proving defendant's conduct, should have been excluded from evidence, pursuant to confrontation clause. The videotaped statement was "testimonial," there was no prior opportunity for defendant to cross-examine the victim, and there was no opportunity for an adequate and meaningful cross-examination at trial because the victim was unresponsive to many questions. At trial, she did not recollect questions going to the heart of the charges. Therefore, the videotape was the sole substantive evidence at trial.
5. Upcoming Charity Running Events.
April 19 - Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Hts To Asbury Park 732-681-9464 If you cant run, you can still help by contributing or buying a ticket for the post run party
April 26 - CASA Kids 5K Run 9am Princeton Pike Corporate Center, 1009 Lenox Drive Lawrenceville, NJ 08648, Race Hotline: 609 631-9211, Great race organized by Gerry Fennelly. When you register, write down under the team category- "RVRR Ken V."
May 3 - Farmlands 50 mile bike- Central Jersey Bike Club Middletown.
6. Kenneth Vercammen, Edison Attorney was selected a 2008 NJ Super Lawyer in the Criminal Law - DWI section for the third year in a row.
HOW SUPER LAWYERS ARE SELECTED:
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers
http://www.njlaws.com/superlawyer.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Saturday, March 1, 2008
WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday April 8, 2008 7 - 8:30 P.M.
You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # SPS ....... Fee: $29
Tues. 7:00–9:00 pm ........ 1 session: 4/8
$ 29.00 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Spring_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to:
Director, East Brunswick Adult and Community Education,
EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
WHEN: Tuesday April 8, 2008 7 - 8:30 P.M.
You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # SPS ....... Fee: $29
Tues. 7:00–9:00 pm ........ 1 session: 4/8
$ 29.00 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Spring_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to:
Director, East Brunswick Adult and Community Education,
EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
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