Hiring an attorney

May 27, 2016
How Does Divorce Work

How Does Divorce Work?

Sadly, the rate for marriage ending in divorce has escalated in the past few years/decades.  Once upon a time people married and stayed together, through thick and thin, for life.  Often, though there were irreconcilable differences, people stayed together for the sake of the kids as they knew the turbulence of divorce and the divisiveness that results is often difficult on the kids.  But sometimes the relationship becomes intolerable and you seek an exit, vowing that you will not let […]
May 19, 2015
Employment Attorney

What to Ask an Employment Attorney

If you have a workplace related legal issue such as workplace bullying, discrimination, harassment of any type of unfair or unlawful termination, it might be time to meet up with an Employment attorney in New Jersey. This is of course, a worst case scenario.  One of the first things you should do is try to talk to the person in charge or to human resources to see what can be done – if anything.  If all else fails, then the […]
May 27, 2014

What is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment which is a form of sexual discrimination. It is prohibited by law to harass an applicant or an employee based on their gender. Harassment can include a wide variety of actions such as unwelcome sexual advances, asking for a sexual favor, and many other verbal, non-verbal or physical actions that are of a sexual nature. However, even offensive remarks that are made about a person’s gender or sexuality […]
September 2, 2013

Benefits of a Chapter 13 Bankruptcy

When an individual schedules an appointment to talk with a bankruptcy attorney in NJ they may be given several options including filing either a Chapter 7 or a Chapter 13 bankruptcy. If they have too much income they may not be able to file a Chapter 7 bankruptcy. But the Chapter 13 may be much more advantageous in some situations than the Chapter 7. There are certain situations where one option is better than the other and in many instances […]
August 29, 2013

Benefits of a Chapter 11 Bankruptcy

A Chapter 11 bankruptcy is sometimes called a “business bankruptcy” even though it can also be a good choice for an individual. A Chapter 11 allows a business or debtor to continue their normal operations while they come up with a “plan for reorganization.” In some circumstances they can create a plan for liquidation as well. It is essential to discuss the particulars of the case with a bankruptcy attorney in NJ to determine if it is beneficial for a […]
June 30, 2013

What is a Collaborative Divorce?

A divorce is never an easy situation to find oneself in; and many times proceedings can seem like they continue forever before they come to an end. A NJ family attorney can help couples file a collaborative divorce which is a new alternative to the traditional process. Collaborative divorce law allows the spouses to work with attorneys who will help them negotiate the terms of a divorce in a much friendlier and peaceful environment. Each spouse will hire a collaborative […]
June 27, 2013

What is an Indemnity Agreement?

A NJ attorney can help companies draw up an indemnity agreement. When an indemnity agreement is set in place, financial responsibility is decided.  Indemnification according to Black’s Law Dictionary, is “a duty to make good any loss, damage or liability incurred by another.” In general it means to “hold harmless” such that one party will hold another harmless in the case of damage or loss. Therefore, indemnification is the act of not being held liable, or of being protected from […]
June 25, 2013

What is Attorney Attorney Confidentiality?

Many times all that is discussed is the lawyer-client relationship as it relates to confidentiality. However, attorney-attorney confidentiality is just as important. A NJ attorney has the ethical duty of not disclosing information that is related to the representation of his client. Confidentiality is in effect at all times for the attorney, not just when they are facing legal demands for client information.
June 21, 2013

What is RPC Rule 1.4?

It is imperative in any professional position that clear communication be established, but even more so for the attorney. If a NJ Attorney desires to have a successful practice good communication skills are essential. They must be able to effectively communicate on many levels with associates, other legal professionals, vendors, staff, partners and of course with their clientele. When a lawyer can communicate effectively they will demonstrate more confidence which can lead to increased clientele. In order to build a […]
June 18, 2013

What is RPC Rule 1.1?

The Rules of Professional Conduct cover many different topics as they pertain to lawyers and how they handle their profession. Section 1.1 deals with the lawyer’s competency. The two sections contained under competency explain that lawyers must handle legal matters ethically; they cannot neglect a matter which has been entrusted to them in any way that constitutes gross negligence. Lawyers must be competent in their handling of legal matters in general such that they do not show evidence of patterns […]
June 13, 2013

What is RPC Rule 7.3?

Every New Jersey attorney is required to handle all their professional legal matters according to the Rules of Professional Conduct. The RPC outlines how lawyers are to conduct themselves in an ethical manner. Following these rules of conduct can help protect clients from lawyer’s unethical practices but they are also in place to provide protection for lawyers. Rule 7.3 offers the guidelines by which lawyers should handle personal contact with their clients or prospective clients. Lawyers must be allowed to […]
June 10, 2013

What is RPC Rule 1.16?

New Jersey has established the Rules of Professional Conduct for attorneys. Rule 1.16 of the Rules of Professional Conduct deals with the termination of professional services. It is possible for a NJ attorney to withdraw from any case when a client requests that the attorney engage in behavior that he fundamentally disagrees with. RPC Rule 1.16 deals with the specifics of how and when a NJ attorney can withdraw from representation.
June 8, 2013

What is RPC Rule 8.3?

Every NJ attorney is compelled to be responsible to maintain the integrity of the legal profession. Every lawyer is bound by a set of legal ethics and they must adhere to them in order to protect the integrity of the profession. Many people have often asked what an attorney should do if they are aware of unethical actions committed on the part of another attorney or legal professional. Are they bound by the law to report these types of actions, […]
June 4, 2013

What is an RPC Violation?

The NJ attorney is bound by the Rules of Professional Conduct as they are outlined to provide protection for both the client and the legal professional. Lawyers must conduct all of their business in an ethical and honest way. Some of the rules contain wording which states either “shall” or “shall not”; while other portions use the kinder terms, “may” or “may not.” The rules which state a lawyer “may” or “may not” participate in a specific action are largely […]
May 15, 2013

How to Choose a Family Law Attorney

Choosing a family law attorney can be a difficult task that we all must face at one time or another. However, it is important to remember that a family law attorney does much more than help with divorce proceedings. They may assist setting up a trust fund, a living will or help get any number of legal documents in order. NJ family law attorneys help protect both families and assets. Even though selecting one seems like an arduous task, there […]
May 13, 2013

How is Spousal Support Determined?

Upon choosing to get a divorce, most couples will choose a NJ family law attorney to handle the entire legal proceeding. For individuals obtaining a divorce in New Jersey there are some clear cut calculations which are used to determine any child support that is to be paid. But it is not that simple to determine spousal support, or alimony. NJ alimony laws offer some very general guidelines for determining how much spousal support, alimony or divorce maintenance will be […]
March 14, 2013

What is Arbitration?

Arbitration is a way to solve a dispute legally. An independent third party will determine the resolution to the dispute in a private setting. An arbitration hearing can use either a tribunal or an individual arbitrator. A tribunal is typically made up of several arbitrators. It is customary in most settings to have an odd number of tribunal members in order to avoid a tie. The parties who are involved in the dispute will hand their power to decide the […]
March 11, 2013

Benefits of Mediation

Mediation can help settle disputes for those who choose not to pursue lawsuits or for those types of cases which do not merit a full blown lawsuit. Even though mediation does not guarantee that everyone will agree with the results, there are some benefits for choosing to settle a matter through the mediation process. Economic Decision Choosing to pursue mediation to settle a matter can completely be an economic decision. The process is usually much less expensive than litigation or […]
March 9, 2013

What is Mediation?

While some people just want to have their day in court, for the vast majority court is not considered to be fun or appealing in any way. Mediation provides a way to resolve legal issues without requiring a court appearance. It can be substantially less time consuming than pursuing a court case and justice can be just as obtainable. The Process of Mediation Two parties who cannot reach an agreeable resolution may choose to engage in the process of mediation. […]
March 4, 2013

What is Medical Malpractice?

  Medical malpractice laws are in place so that a patient who is injured by the negligence or mistake by a doctor can receive monetary compensation. The term, medical malpractice, refers to negligence by health care professionals where the treatment that was administered was substandard or caused some form of harm including injury or death to a patient. Most of the time, these types of cases involve some type of error in diagnosis, medication dosage or health management. Sometimes the […]
February 28, 2013

What is Dental Malpractice?

Even professionals retain their humanity which means that they are not beyond making an error; this includes dental professionals. But every mistake that is made by a dentist while treating a patient may not constitute dental malpractice. However, when a patient is injured through negligent conduct or substandard care by a dentist, oral surgeon or dental assistant, it is wise to consult with an attorney who handles cases of dental malpractice to see if they are entitled to compensation. In […]
February 25, 2013

Laws that Govern the Internet

Most individuals spend multiple hours every day on the Internet. Some use it primarily for entertainment or socialization, while others use the World Wide Web for work purposes; and still others are eagerly pursuing an education or seeking valuable and reliable information. For the most part there is not always a lot of thought given to the fact that there are many different types of laws which are in place to govern the Internet and its use.
February 22, 2013

What is a Testamentary Trust?

There are many different types of trusts that are created for a wide variety of purposes. One of the most common trusts is a Testamentary Trust which is typically set up for a young child, a relative with a disability, or any other person who inherits a large sum of money upon the death of a testator. This type of trust is commonly contained in a will which provides how the estate or part of an estate is to be […]
February 20, 2013

What is a Special Needs Trust?

When an individual creates a trust it is a legal document which contains specific instructions regarding how resources are distributed and/or managed. The Grantor is the person who establishes the trust; the Beneficiary is the person for whom the trust was created and they will receive the benefit of the trust. When the Grantor draws up a trust they will also appoint a Trustee who will manage and distribute the funds to benefit the Beneficiary. There are many ways that […]
February 8, 2013

What is a Trust?

Many people do not have a good understanding of what a trust is; or how it is different from a will. There are many different types of trusts but the main purpose and benefit of having a trust is to keep a person’s estate out of probate after they have died. The biggest difference between a trust and a will is that upon death the property will not enter probate. Even with a will in place, property has to go […]