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Monday, September 16, 2019

landlord could get attorney fee here WATERSIDE PLAZA APTS., LLC, Plaintiff-Appellant, v. EDWARD BRAND

landlord could get attorney fee here
WATERSIDE PLAZA APTS., LLC,

          Plaintiff-Appellant,

v.

EDWARD BRAND and MADELYN
OQUENDO,

     Defendants-Respondents.
_____________________________________

                   Submitted October 1, 2018 – Decided October 11, 2018

                   Before Judges Sabatino and Mitterhoff.

                   On appeal from Superior Court of New Jersey, Law
                   Division, Special Civil Part, Bergen County, Docket
                   No. LT-6049-17.

                  NOT FOR PUBLICATION WITHOUT THE
                               APPROVAL OF THE APPELLATE DIVISION
        This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
     internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.




                                                        SUPERIOR COURT OF NEW JERSEY
                                                        APPELLATE DIVISION
                                                        DOCKET NO. A-0973-17T2
PER CURIAM In this unopposed appeal, a residential landlord seeks reversal of the trial court's denial of its claim for $150 in counsel fees and court costs from tenants who were delinquent with their rent payments. Because the landlord's right to counsel fees in these circumstances as a component of the overdue "rent" was clearly expressed in the lease, and the amount sought is reasonable, the governing law supports a fee award. Accordingly, we reverse the trial court's denial of fees. The facts pertinent to this appeal are relatively straightforward. Plaintiff Waterside Plaza Apartments, LLC ("the landlord") is the owner of Waterside Village, an apartment complex in Little Ferry. In May 2010, the landlord entered into a written lease with defendants Edward Brand and Madelyn Oquendo ("the tenants"). The lease was renewed annually. As of July 2017, the monthly rent was $1,532.42. The tenants have been repetitively late with their rent payments. The rent ledger shows the tenants have been subject to late fees, bounced check charges, and other costs nearly every month from January 2015 to the time of the present case. This is the eighth time the tenants have been in litigation with the landlord since 2015. A-0973-17T2 2 In August 2017, the landlord filed a summary dispossess complaint in the Special Civil Part, noting defendants had not paid the base rent due for July and August 2017. In addition to the overdue rent, the landlord also sought a $50 late fee for each of these two months, plus $150 in counsel fees, $58 in court costs, and a $20 increase in the security deposit. The next monthly rent was due on September 1, 2017. The complaint notified the tenants they needed to pay a grand total of $3,391.50 if the case was scheduled for trial before September 1, or $4,923.92 if the trial date was after September 1. On August 31, 2017, the landlord's counsel and defendant Brand appeared in the Special Civil Part on the scheduled trial date. Brand represented to the judge he had already paid the July rent. He also was willing to tender the August rent and the late fees prescribed by the lease, but was unwilling to pay the $150 in counsel fees sought by the landlord. The landlord's counsel fee request is based on the following provision in paragraph 21 of the lease: Landlord shall be entitled to damages from Tenant for any breach of the terms of this Lease. Rent and additional rent for the unexpired lease is due and payable upon termination. Damages shall include reasonable attorney's fees and costs incurred by the Landlord in filing a lawsuit against Tenant. When Landlord has sued Tenant for nonpayment of rent, in no event shall the attorney's fees be less than $150.00. A-0973-17T2 3 These charges shall be collectible as additional rent. ALL PAYMENTS AFTER FILING OF A LAWSUIT MUST BE MADE BY CERTIFIED CHECK OR MONEY ORDER. The landlord contends this provision is unambiguous and should be enforced , despite the tenants' tender of the overdue base rent and late charges. The trial court dismissed the summary dispossess case pursuant to N.J.S.A. 2A:18-55, which allows a residential tenant to be protected from eviction if he or she pays the rent arrears due before the entry of final judgment. The judge initially denied the landlord's counsel fee request on procedural grounds, observing that such a fee claim was inappropriate to adjudicate in a summary dispossess action and instead had to be pursued by the landlord in a separate lawsuit in the Small Claims Division of the Special Civil Part. The landlord moved for reconsideration of the denial of the fee claim, submitting to the trial court authority for the recovery of such fees in a summary dispossess action. The trial court again rejected the fee claim. In a written rider in support of its decision, the court reiterated its procedural finding that the landlord could not recover counsel fees in a summary dispossess case and had to file a separate case to obtain the fees. In addition, the court substantively concluded that the fee request is contrary to N.J.S.A. 2A:18-55. The court reasoned that, since a tenant in default in rent can pay the arrears before the A-0973-17T2 4 entry of final judgment, then "[a]fter this occurs, all the proceedings are stopped, and the case is dismissed." Because the base rent arrears were tendered in this case, before the entry of final judgment, the court found the landlord's fee claim invalid. On appeal, the landlord argues the trial court's procedural and substantive rulings are incorrect. Its brief on appeal provides contrary legal authority not discussed by the trial court. Those citations, as well as other authority, compel reversal of the trial court's decision. A key objective of the summary dispossess statute is to provide landlords with a "swift and simple method of obtaining possession" of the premises. Benjoray, Inc. v. Academy House Child Dev. Ctr., 437 N.J. Super. 481, 486 (App. Div. 2014); see also Hous. Auth. of the City of Newark v. West, 69 N.J. 293, 300 (1976). The summary procedure allows landlords to avoid delays that often occur in common law ejectment actions. Hodges v. Sasil Corp., 189 N.J. 210, 221 (2007). Thus, possession of the premises generally is the only available remedy in a summary dispossess action; money damages are not recoverable. Ibid. Despite the narrow scope of summary dispossess cases, our courts have permitted landlords to recover counsel fees and court costs in such proceedings, A-0973-17T2 5 under certain conditions. The Supreme Court has held that reasonable counsel fees and damages may be recovered as rent in a summary dispossess proceeding, but only if they are expressly provided by the written lease. Cmty. Realty Mgmt., Inc. v. Harris, 155 N.J. 212, 234 (1998). In Community Realty, the lease specified that "monies due the landlord for damages, reasonable attorney fees, and costs connected with the damage claims 'become charges due in addition to rent.'" Id. at 234-35. The Court interpreted this term of the lease as evidence the parties contemplated counsel fees would be considered additional "rent," recoverable by the landlord in a summary dispossess proceeding. Id. at 235. Our court likewise has recognized this principle. In University Court v. Mahasin, 166 N.J. Super. 551, 553 (App. Div. 1979), the tenant failed to pay rent for two months. When she tendered at trial the two months of rent owed, the landlord claimed that she was also required to pay an attorney's fee in order to cure her default. Ibid. We held in Mahasin that, when expressly provided by a written lease, a reasonable attorney's fee incurred by the landlord in bringing a summary dispossess action for nonpayment of rent may "be contracted to be considered additional rent, for the purposes of the summary dispossess act." Id. at 554 (quoting Trenton Hous. Auth. v. Green, 118 N.J. Super. 544, 545 (App. Div. 1972)). See also Mury v. Tublitz, 151 N.J. Super. 39 (App. Div. 1977) A-0973-17T2 6 (enforcing a lease provision requiring a tenant to pay, as additional rent, reasonable attorney's fees and other expenses incurred in a nonpayment suit or dispossess proceeding). The statutory definition of "rent" is "the amount currently payable by the tenant to the landlord pursuant to lease or other agreement . . . [.]" N.J.S.A. 2A:18-61.16a. In the absence of contravening public policy, the parties to a lease are free to define "rent" as they choose. Fargo Realty, Inc. v. Harris, 173 N.J. Super. 262, 266 (App. Div. 1980). The function of a court is to enforce the lease as it is written. We cannot make a different or better contract than the parties entered into themselves. See also Cypress Point Condo Ass'n, Inc. v. Adria Towers, L.L.C., 226 N.J. 403, 415 (2016); 22 Raymond I. Korona, New Jersey Practice Series, Landlord and Tenant Law, § 10.1. (5th ed.). The critical question, therefore, is whether the parties' lease has made sufficiently clear that "rent" is defined to include not only overdue monthly lease payments, but also counsel fees and other associated costs incurred by a landlord. See R. 6:3-4(c) (noting that "[t]he amount of rent owed for purposes of the dispossess action can include only the amount that the tenant is required to pay by federal, state or local law and the lease executed by the parties") (emphasis added). If the lease clearly includes counsel fees in the definition of A-0973-17T2 7 rent, then, as the case law we have cited instructs, the court may award such reasonable fees to the landlord. On the other hand, where the lease requires the tenant to pay legal fees and other costs but does not characterize those expenses as "rent" or as "additional rent," the landlord must seek a money judgment in a separate breach of contract suit. See Mahasin, 166 N.J. Super. at 555; Fargo Realty, 173 N.J. Super. at 267; 23A Korona, New Jersey Practice Series, Landlord and Tenant Law, § 43.2. (5th ed.). The trial court erred in failing to recognize that the terms of the lease in this case plainly include counsel fees, which shall not be "less than $150.00," as a component of the rent due from the delinquent tenant. The terms of the lease, as written in this case, meet the standards for the recovery of a fee award. Hence, the arrears amount tendered by the tenants under N.J.S.A. 2A:18-55 to preserve the tenancy needed to include the unpaid counsel fee. The trial court also erred in ruling that the landlord needed to file a separate proceeding in the Small Claims Division to recover counsel fees. As the Supreme Court explicitly instructed in Community Realty, 155 N.J. at 234, the fees may be recovered in a summary dispossess proceeding, provided they are defined as a component of "rent" in the lease. A-0973-17T2 8 Lastly, we underscore that the $150.00 amount of counsel fees sought by the landlord here has not been alleged or shown to be excessive or unreasonable. That is particularly clear in light of these tenants' chronic history of non- payment and late payment, and the landlord's need to bring successive court actions to recover from them the bargained-for rent. Although the record contains no certification of the landlord's attorney's services with hourly billings, the tenants have not filed a brief on appeal arguing the $150 charge is unreasonable. We need not, and do not, address here whether a higher fee would have been reasonable and enforceable. The recovery of court costs is also justified under the terms of the lease. Reversed. The judgment of the trial court shall be modified forthwith to include the unpaid counsel fees and court costs.

Thursday, May 16, 2019

Pro Hac Admission to practice in NJ

Pro Hac Admission to practice in NJ
Rule 1:21-2. Appearances Pro Hac Vice (a) Conditions for Appearance. 
(1) An attorney of any other United States jurisdiction, of good standing there, whether practicing law in such other jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such other jurisdiction, or an attorney admitted in this State, of good standing, may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this State who is in compliance with Rule 1:21-1(a)(1). Except for attorneys who are employees of and are representing the United States of America or a sister state, no attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. An attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other rules referred to herein. An attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State. 
(2) A foreign attorney (licensed outside the United States), of good standing there, whether practicing law in such foreign jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such foreign jurisdiction, may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this State who is in compliance with Rule 1:21-1(a)(1). 
A foreign attorney may not advise the client on the substantive law of a United States jurisdiction or on procedural issues. New Jersey counsel must accompany the foreign attorney at all proceedings. No foreign attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. A foreign attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other Rules referred to herein. A foreign attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State. 
(b) Application for Admission. An application for admission pro hac vice shall be made on motion to all parties in the matter; which shall contain the following: 
(1) In civil, criminal, and municipal actions, the motion shall be supported by an affidavit or certification of the attorney stating that: 
(A) the attorney is a member in good standing of the bar of the highest court of the state in which the attorney is domiciled or principally practices law or, for foreign attorneys, the attorney is a member in good standing of the bar of the highest court of the jurisdiction in which the attorney is domiciled or principally practices law; 
(B) the attorney is associated in the matter with New Jersey counsel of record qualified to practice pursuant to Rule 1:21-1; 
(C) the client has requested to be represented by said attorney; and 
(D) no disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction. If discipline has previously been imposed, the certification shall state the date, jurisdiction, nature of the ethics violation and the penalty imposed. If proceedings are pending, the certification shall specify the jurisdiction, the charges and the likely time of their disposition. An attorney admitted pro hac vice shall have the continuing obligation during the period of such admission promptly to advise the court of a disposition made of pending charges or of the institution of new disciplinary proceedings. 
(E) With regard to foreign attorneys, associated New Jersey counsel must submit a separate affidavit stating that he or she has evaluated the foreign attorney’s credentials and certifies his or her satisfaction with them. 
(2) In criminal and municipal actions a motion so supported shall be granted unless the court finds, for specifically stated reasons, that there are supervening considerations of judicial administration. 
(3) In civil actions the motion shall be granted only if the court finds, from the supporting affidavit, that there is good cause for such admission, which shall include at least one of the following: 
(A) the cause in which the attorney seeks admission involves a complex field of law in which the attorney is a specialist, or 
(B) there has been an attorney-client relationship with the client for an extended period of time, or 
(C) there is a lack of local counsel with adequate expertise in the field involved, or 
(D) the cause presents questions of law involving the law of the outside jurisdiction in which the applicant is licensed, or 
(E) there is need for extensive discovery or other proceedings in the outside jurisdiction in which the applicant is licensed, or 
(F) such other reason similar to those set forth in this subsection as would present good cause for the pro hac vice admission. 
(c) Contents of Order. The order granting admission pro hac vice shall require the attorney to: 
(1) abide by these rules, including all disciplinary rules; 
(2) consent to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions against the attorney or the attorney's firm that may arise out of the attorney's participation in the matter; 
(3) notify the court immediately of any matter affecting the attorney's standing at the bar of any other court; and 
(4) have all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in this State, who shall be held responsible for them and for the conduct of the cause and of the admitted attorney therein. The order may contain further requirements concerning the participation of New Jersey counsel as the court from time to time deems necessary. 
(d) Appearances in Subsequent Courts. An attorney permitted to speak pro hac vice by order entered by the trial court may speak in the cause on appeal by filing with the clerk of the appellate court a copy of the trial court's order together with a certification stating that all the conditions of the order have been complied with and, to the extent applicable, will continue to be complied with in the appellate court. 
(e) Revocation of Permission to Appear. The court may, on its own or a party's motion, withdraw the permission to appear granted pursuant to this rule for good cause shown. In the event of said revocation, the court shall make such further order respecting the further progress of the litigation as the circumstances may require. 

A reputable NJ attorney has prepared a checklist for out of state attorneys seeking to handle a matter in NJ.

1.          Select trial experienced local counsel.  Why?? A condition of admission is that NO adjournments (or even requests for adjournments) of discovery, motions, trial or any other proceeding are permitted due to out of state counsel not being able to attend. You or your client may be in a position where you need to rely for something important on local counsel so "choose wisely".  
     Ken Vercammen has been handling criminal, civil and Municipal court cases in New Jersey State courts for 30 years. 

2. Obtain a current certificate of good standing from your state bar association. This is required as part of the PRO HAC motion submission.  Some bar associations take weeks to provide this documentation so start the process early and avoid delays.

3. File a motion in Vicinage County Court. The motion must be filed by local counsel pursuant to court rules NJSA 1:21-2(b), as all documents filed with the court must be signed by local counsel. A certification of the attorney to be admitted and an order detailing the terms and continuing requirements of admission must be submitted along with the notice of motion.

4. Submit certification of attorney requesting PRO HAC admission. The certification must confirm that the attorney is in good standing admitted to practice in his/her jurisdiction, accompanied by a certificate of good standing, the office address and contact information in that jurisdiction. It should include confirmation that the client has requested their representation and any other reasons why it is appropriate for them to be admitted (long term relationship, specially area of practice, existing familiarity with the case, etc.), and confirmation that the attorney will pay the NJ Lawyers Fund for Client Protection required by Court Rules NJSA 1:28-2 & 1:20-1(b) along with the other continuing requirements set forth in the order section below.

5. Submit the PRO HAC order with your motion. The order should specify the terms of admission below or it will likely be rejected.
-Abide by NJ Court Rules
-Notify the court of any matter affecting standing at the Bar of any jurisdiction
-PRO HAC cannot be “designated trial counsel”
-all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in New Jersey
-No discovery, motion, trial or any other proceeding delay shall occur or be requested by reason of the inability to be in attendance
pay the fees required by R. 1:20-1(b) and R. 1:28-2 and submit an affidavit of compliance
-Pro hac vice admission will automatically terminate for failure to make the initial and any annual payment required by R. 1:20-1(b) and R. 1:28-2



Rule 1:21-2. Appearances Pro Hac Vice (a) Conditions for Appearance.

1:21-2. Appearances Pro Hac Vice (a) Conditions for Appearance.
(1) An attorney of any other United States jurisdiction, of good standing there, whether practicing law in such other jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such other jurisdiction, or an attorney admitted in this State, of good standing, may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this State who is in compliance with Rule 1:21-1(a)(1). Except for attorneys who are employees of and are representing the United States of America or a sister state, no attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. An attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other rules referred to herein. An attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State.
(2) A foreign attorney (licensed outside the United States), of good standing there, whether practicing law in such foreign jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such foreign jurisdiction, may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this State who is in
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compliance with Rule 1:21-1(a)(1). A foreign attorney may not advise the client on the substantive law of a United States jurisdiction or on procedural issues. New Jersey counsel must accompany the foreign attorney at all proceedings. No foreign attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. A foreign attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other Rules referred to herein. A foreign attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State.
(b) Application for Admission. An application for admission pro hac vice shall be made on motion to all parties in the matter; which shall contain the following:
(1) In civil, criminal, and municipal actions, the motion shall be supported by an affidavit or certification of the attorney stating that:
(A) the attorney is a member in good standing of the bar of the highest court of the state in which the attorney is domiciled or principally practices law or, for foreign attorneys, the attorney is a member in good standing of the bar of the highest court of the jurisdiction in which the attorney is domiciled or principally practices law;
(B) the attorney is associated in the matter with New Jersey counsel of record qualified to practice pursuant to Rule 1:21-1;
(C) the client has requested to be represented by said attorney; and
(D) no disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction. If discipline has previously been imposed, the certification shall state the date, jurisdiction, nature of the ethics violation and the penalty imposed. If proceedings are pending, the certification shall specify the jurisdiction, the charges and the likely time of their disposition. An attorney admitted pro hac vice shall have the continuing obligation during the period of such admission promptly to advise the court of a disposition made of pending charges or of the institution of new disciplinary proceedings.
(E) With regard to foreign attorneys, associated New Jersey counsel must submit a separate affidavit stating that he or she has evaluated the foreign attorney’s credentials and certifies his or her satisfaction with them.
(2) In criminal and municipal actions a motion so supported shall be granted unless the court finds, for specifically stated reasons, that there are supervening considerations of judicial administration.
(3) In civil actions the motion shall be granted only if the court finds, from the supporting affidavit, that there is good cause for such admission, which shall include at least one of the following:
(A) the cause in which the attorney seeks admission involves a complex field of law in which the attorney is a specialist, or
(B) there has been an attorney-client relationship with the client for an extended period of time, or
(C) there is a lack of local counsel with adequate expertise in the field involved, or
(D) the cause presents questions of law involving the law of the outside jurisdiction in which the applicant is licensed, or
(E) there is need for extensive discovery or other proceedings in the outside jurisdiction in which the applicant is licensed, or
(F) such other reason similar to those set forth in this subsection as would present good cause for the pro hac vice admission.
(c) Contents of Order. The order granting admission pro hac vice shall require the attorney to:
(1) abide by these rules, including all disciplinary rules;
(2) consent to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions against the attorney or the attorney's firm that may arise out of the attorney's participation in the matter;
(3) notify the court immediately of any matter affecting the attorney's standing at the bar of any other court; and
(4) have all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in this State, who shall be held responsible for them and for the conduct of the cause and of the admitted attorney therein. The order may contain further requirements concerning the participation of New Jersey counsel as the court from time to time deems necessary.
(d) Appearances in Subsequent Courts. An attorney permitted to speak pro hac vice by order entered by the trial court may speak in the cause on appeal by filing with the clerk of the appellate court a copy of the trial court's order together with a certification stating that all the conditions of the order have been complied with and, to the extent applicable, will continue to be complied with in the appellate court.
(e) Revocation of Permission to Appear. The court may, on its own or a party's motion, withdraw the permission to appear granted pursuant to this rule for good cause
shown. In the event of said revocation, the court shall make such further order respecting the further progress of the litigation as the circumstances may require.

RPC 5.5 Lawyers Not Admitted to the Bar of This State and the Lawful Practice of Law

RPC 5.5 Lawyers Not Admitted to the Bar of This State and the Lawful Practice of Law
(a) A lawyer shall not:(1) practice law in a jurisdiction where doing so violates the regulation of
the legal profession in that jurisdiction; or
(2) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.
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(b) A lawyer not admitted to the Bar of this State who is admitted to practice law before the highest court of any other state, territory of the United States, Puerto Rico, or the District of Columbia (hereinafter a United States jurisdiction) may engage in the lawful practice of law in New Jersey only if:
(1) the lawyer is admitted to practice pro hac vice pursuant to R. 1:21-2 or is preparing for a proceeding in which the lawyer reasonably expects to be so admitted and is associated in that preparation with a lawyer admitted to practice in this jurisdiction; or
(2) the lawyer is an in-house counsel and complies with R. 1:27-2; or
(3) under any of the following circumstances:
(i) the lawyer engages in the negotiation of the terms of a transaction in furtherance of the lawyer's representation on behalf of an existing client in a jurisdiction in which the lawyer is admitted to practice and the transaction originates in or is otherwise related to a jurisdiction in which the lawyer is admitted to practice;
(ii) the lawyer engages in representation of a party to a dispute by participating in arbitration, mediation or other alternate or complementary dispute resolution program and the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which pro hac vice admission pursuant to R. 1:21-2 is required;
(iii) the lawyer investigates, engages in discovery, interviews witnesses or deposes witnesses in this jurisdiction for a proceeding pending or anticipated to be instituted in a jurisdiction in which the lawyer is admitted to practice;
(iv) the out-of-state lawyer's practice in this jurisdiction is occasional and the lawyer associates in the matter with, and designates and discloses to all parties in interest, a lawyer admitted to the Bar of this State who shall be held responsible for the conduct of the out-of-State lawyer in the matter; or
(v) the lawyer practices under circumstances other than (i) through (iv) above, with respect to a matter where the practice activity arises directly out of the lawyer's representation on behalf of an existing client in a jurisdiction in which the lawyer is admitted to practice, provided that such practice in this jurisdiction is occasional and is undertaken only when the lawyer's disengagement would result in substantial inefficiency, impracticality or detriment to the client.
(c) A lawyer admitted to practice in another jurisdiction who acts in this jurisdiction pursuant to paragraph (b) above shall:
38
(1) be licensed and in good standing in all jurisdictions of admission and not be the subject of any pending disciplinary proceedings, nor a current or pending license suspension or disbarment;
(2) be subject to the Rules of Professional Conduct and the disciplinary authority of the Supreme Court of this jurisdiction;
(3) consent in writing on a form approved by the Supreme Court to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions against the lawyer or the lawyer's firm that may arise out of the lawyer's participation in legal matters in this jurisdiction, except that a lawyer who acts in this jurisdiction pursuant to subparagraph (b)(3)(ii) or (b)(3)(iii) above shall be deemed to have consented to such appointment without completing the form;
jurisdiction;
(4) not hold himself or herself out as being admitted to practice in this(5) comply with R. 1:21-1(a)(1); and
(6) except for a lawyer who acts in this jurisdiction pursuant to subparagraph (b)(3)(ii) or (b)(3)(iii) above, annually register with the New Jersey Lawyers' Fund for Client Protection and comply with R. 1:20-1(b) and (c), R. 1:28-2, and R. 1:28B-1(e) during the period of practice.

Pro Hac Admission to practice in NJ

Pro Hac Admission to practice in NJ

 1:21-1. Who May Practice; Appearance in Court 
(a) Qualifications. Except as provided below, no person shall practice law in this State unless that person is an attorney holding a plenary license to practice in this State, is in good standing, and complies with the following requirements: 
(1) An attorney need not maintain a fixed physical location for the practice of law, but must structure his or her practice in such a manner as to assure, as set forth in RPC 1.4, prompt and reliable communication with and accessibility by clients, other counsel, and judicial and administrative tribunals before which the attorney may practice, provided that an attorney must designate one or more fixed physical locations where client files and the attorney’s business and financial records may be inspected on short notice by duly authorized regulatory authorities, where mail or hand-deliveries may be made and promptly received, and where process may be served on the attorney for all actions, including disciplinary actions, that may arise out of the practice of law and activities related thereto. 
(2) An attorney who is not domiciled in this State and does not maintain a fixed physical location for the practice of law in this State, but who meets all qualifications for the practice of law set forth herein must designate the Clerk of the Supreme Court as agent upon whom service of process may be made for the purposes set forth in subsection (a)(1) of this rule, in the event that service cannot otherwise be effectuated pursuant to the appropriate Rules of Court. The designation of the Clerk as agent shall be made on a form approved by the Supreme Court. 
(3) The system of prompt and reliable communication required by this rule may be achieved through maintenance of telephone service staffed by individuals with whom the attorney is in regular contact during normal business hours, through promptly returned voicemail or electronic mail service, or through any other means demonstrably likely to meet the standard enunciated in subsection (a)(1). 
(4) An attorney shall be reasonably available for in-person consultations requested by clients at mutually convenient times and places. 
A person not qualifying to practice pursuant to the first paragraph of this rule shall nonetheless be permitted to appear and prosecute or defend an action in any court of this State if the person (1) is a real party in interest to the action or the guardian of the party; or (2) has been admitted to speak pro hac vice pursuant to R. 1:21-2; (3) is a law student or law graduate practicing within the limits of R. 1:21-3; or (4) is an in-house counsel licensed and practicing within the limitations of R. 1:27-2. 
Attorneys admitted to the practice of law in another United States jurisdiction may practice law in this state in accordance with RPC 5.5(b) and (c) as long as they comply with Rule 1:21-1(a)(1). 
No attorney authorized to practice in this State shall permit another person to practice in this State in the attorney’s name or as the attorney’s partner, employee or associate unless such other person satisfies the requirements of this rule. 
(b) Appearance. All attorneys and pro se parties appearing in any action shall be under the control of the court in which they appear and subject to appropriate disciplinary action. An attorney admitted in another jurisdiction shall not be deemed to be making an appearance in this State by reason of taking a deposition pursuant to R. 4:11-4. 
(c) Prohibition on Entities. Except as otherwise provided by paragraph (d) of this rule and by R. 1:21-1A (professional corporations), R. 1:21-1B (limited liability companies), R. 1:21-1C (limited liability partnerships), R. 6:10 (appearances in landlord- tenant actions), R. 6:11 (appearances in small claims actions), R. 7:6-2(a) (pleas in municipal court), R. 7:8-7(a) (presence of defendant in municipal court) and by R. 7:12- 4(d) (municipal court violations bureau), an entity, however formed and for whatever purpose, other than a sole proprietorship shall neither appear nor file any paper in any action in any court of this State except through an attorney authorized to practice in this State. 
(d) Federal Government Agencies. Staff attorneys employed full time by agencies of the federal government that have an office in New Jersey may represent the interests of that agency in federal and state courts in New Jersey without complying with subsection (a)(1) of this rule. 
(e) Legal Assistance Organizations. Nonprofit organizations incorporated in this or any other state for the purpose of providing legal assistance to the poor or functioning as a public interest law firm, and other federally tax exempt legal assistance organizations or trusts, such as those defined by 26 U.S.C.A. 120(b) and 501(c)(20), that provide legal assistance to a defined and limited class of clients, may practice law in their own names through staff attorneys who are members of the bar of the State of New Jersey, provided that: (1) the legal work serves the intended beneficiaries of the organizational purpose, (2) the staff attorney responsible for the matter signs all papers prepared by the organization, and (3) the relationship between staff attorney and client meets the attorney's professional responsibilities to the client and is not subject to interference, control, or direction by the organization's board or employees except for a supervising attorney who is a member of the New Jersey bar. In addition, nonprofit organizations incorporated in this or any other state for the purpose of providing legal assistance to persons of low and low-moderate means, which are affiliated or associated with an ABA-accredited law school and which include a program to educate, mentor, or train recent law school graduates who are recently admitted members of the New Jersey bar ("participating new attorneys"), may practice law in the name of the 
organization through such participating new attorneys, provided that: (1) the legal work provided by the organization serves clients of low to low-moderate means, (2) the participating new attorney responsible for any particular matter signs all papers in that matter on behalf of the organization, and (3) the relationship between the participating new attorney and the client is consistent with the attorney's professional responsibilities to the client and is not subject to interference, control, or direction by the organization's board or employees, except to the extent that the participating new attorney is under the oversight of a supervising attorney who is a member of the New Jersey bar. 
(f) Appearances Before Office of Administrative Law and Administrative Agencies. Subject to such limitations and procedural rules as may be established by the Office of Administrative Law, an appearance by a non-attorney in a contested case before the Office of Administrative Law or an administrative agency may be permitted, on application, in any of the following circumstances: 
(1) where required by federal statute or regulation; 
(2) to represent a state agency if the Attorney General does not provide representation in the particular matter and the non-attorney representative is an employee of the agency with special expertise or experience in the matter in controversy; 
(3) to represent a county welfare agency if County Counsel does not provide representation in the particular matter and the non-attorney representative is an employee of the agency with special expertise or experience in the matter in controversy; 
(4) to assist in providing representation to an indigent as part of a Legal Services program if the non-attorney is a paralegal or legal assistant employed by that program; 
(5) to represent a state, county or local government employee in Civil Service proceedings, provided (i) the non-attorney making such appearance is an authorized representative of a labor organization and (ii) the labor organization is the duly authorized representative of the employee for collective bargaining purposes; 
(6) to represent a close corporation provided the non-attorney is a principal of the corporation; 
(7) to assist an individual who is not represented by an attorney provided (i) the presentation appears likely to be enhanced by such assistance, (ii) the individual certifies that he or she lacks the means to retain an attorney and that representation is not available through a Legal Services program and (iii) the conduct of the proceeding by the Office of Administrative Law will not be impaired by such assistance; 
(8) to represent parents or children in special education proceedings, provided the non-attorney has knowledge or training with respect to handicapped pupils and their educational needs so as to enable the non-attorney to facilitate the presentation of the claims or defenses of the parent or child; 
(9) to represent union members and employees entitled to union representation in public employment relations proceedings, provided the appearance is by a union representative; 
(10) to represent a county or local government appointing authority in Civil Service proceedings, provided the non-attorney representative is an employee of the appointing authority with special expertise or experience in the matter in controversy and the legal representative for the county or municipality does not provide representation in the particular matter; or 
(11) to represent a claimant or employer before the Appeal Tribunals or Board of Review of the Department of Labor. 
No representation or assistance may be undertaken pursuant to subsection (f) by any disbarred or suspended attorney or by any person who would otherwise receive a fee for such representation. 
(g) Appearances at Personal Injury Protection Arbitrations.A non-attorney may represent an insurance company employer at a Personal Injury Protection (PIP) arbitration. 

Thursday, May 2, 2019

Office space for rent

Office space for rent
PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE
2053 Woodbridge Ave.
Edison, NJ 08817

 Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.

  The offices are located on the 1st floor of the building.
2 rooms office   
office room # 6 approx 12.4 x 9.4        
and front room appr 8 x 9 -office room # 5
plus use of reception room  16.6 x 7.2
and use of storage area in basement 
   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison
         
$500 per month [was $600]
Call 732-572-0500
    Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law. 

Monday, March 4, 2019

Ethically Marketing Your Law Practice April 8, 2019 5:30 p.m

 Ethically Marketing Your Law Practice
April 8, 2019
5:30 p.m. to 8:30 p.m.
New Jersey Law Center, New Brunswick
Learn how to make more money by ethically marketing your practice...and staying ethically compliant!
Presented in cooperation with the NJSBA Senior Lawyers Special Committee
This program will demonstrate proven techniques for promoting your practice while staying within the ethics rules whether you handle cases in Municipal Court or in other areas of law.
Featuring:
Kenneth A. Vercammen, Esq., K. Vercammen & Associates, Edison, Author ABA’s Smart Marketing and the Small Firm Lawyer  
Carol Johnston, Esq., Supreme Court Clerk’s Office, Trenton
Program Agenda:
5:30       Welcome
5:35       Communications with potential clients 
6:00       Ethical websites                                  
6:05       Ethical considerations of social networking  
6:30       Overview of ethics of marketing
              Relevant RPCs, opinions and cases
7:00       Break
7:10       Overview of ethics of marketing (continued)
Permitted testimonials, rules regarding “Super Lawyers” and ratings, restrictions on the use of “expertise” and “specialized” 
8:00       Blogs, event calendars, articles and other types of promotion
8:20       Q&A: Ask the Experts
8:30       Adjourn   
Sponsor NJICLE NJ Institute for Continuing Legal Education, a Division of the NJSBA
 (732) 214-8500 CustomerService@njsba.com
Program ICETH016519
NJ Law Center1 Constitution Sq. New Brunswick, NJ 08901
  Topics include:
• An Overview of the Ethics of Marketing - a discussion of information that is and is not permitted to be communicated to potential clients. An overview of relevant RPC’s, ethics opinions and cases that refer to ethical communication with potential clients, including
Opinion 39, 42 and 43 and RPC 7.1.
• Ethical Websites - do’s and dont’s as to how your website can attract the most clients while staying within the ethics rules. Topics will include imagery, testimonials and design.
• The Ethical Considerations of Social Networking - a focus on how to ethically grow your practice through on-line networking.
• The Ethical Considerations of In-Person Networking - This will review what you can and can’t say in person, conflicts of interest and more.
• Blogs, Event Calendars, Articles and Other Types of Promotion - Some proven techniques for marketing and rainmaking that go beyond the conventional but stay within the
Moderator/Speaker:
Kenneth A. Vercammen, Esq.
Certified by the Supreme Court of
New Jersey as a Municipal Court
Law Attorney
Past Chair, NJSBA Municipal Court
Practice Section
Past NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates (Edison)
Carol Johnston, Esq.
2017 NJICLE Distinguished Service Award Recipient
Staff/Counsel, NJ Supreme Court Advisory Committee on Professional Ethics
Staff/Counsel, New Jersey Supreme Court Committee on AttorneyAdvertising
Staff/Counsel, New Jersey Supreme Court Committee on the UnauthorizedPractice of Law
NJ Supreme Court, Trenton

https://www.facebook.com/events/1856915734436097/
    Smart Marketing and the Small Firm Lawyer                                                  
List Price: $59.95                                                                                            
  Author(s): Kenneth A Vercammen Sponsor(s): Solo, Small Firm and General Practice Division Publisher(s): ABA Book Publishing  ISBN: 978-1-62722-484-0 Product Code: 5150468 2014, 156 Pages, 7 x 10 
     Marketing is essential to the growth of any enterprise. There are many low-cost and no-cost opportunities that exist. This video explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms.
       Any business owner will tell you that marketing is vital to the success and growth of a venture, and a law practice is no exception! This book thoroughly explores today’s marketing landscape and outlines its many facets for you in concise and easy to understand terms. This ABA book “Smart Marketing for Smart Firm Lawyers” covers:
*Creating a blog for free
*How to leverage a wide array of social networking sites (like Facebook, Martindale Hubble, Yelp, etc.)
*Best practices for marketing within the law office
*Low-cost and no-cost marketing activities
*Tips to increase your efficiency and reach
* and more!
Included with this book is a helpful CD-ROM with digital copies of all the exhibits used in the book and the various websites that are referenced. Learn how to make the most the marketing opportunities that exist with Smart Marketing for the Small Firm Lawyer.
     Praise for Smart Marketing for the Small Firm Lawyer: "Vercammen's new marketing book belongs in the tool box and library of every lawyer regardless of firm size. Ken not only tells the lawyer WHAT to do, he shows the lawyer HOW to do it."       Jay Foonberg      Author of How to Start and Build a Law Practice, 5th Ed
Smart Marketing for the Small Firm LawyerOrder details: http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214498
ABA Service Hotline800-285-2221
312-988-5000