DoingJustice.com NJ Personal Injury News

Saturday, February 15, 2014

The New Jersey Association For Justice

A Consumer’s Guide to Understanding the Significance of Membership in The NJAJ

About the New Jersey Association for Justice

Founded over 50 years ago, the New Jersey Association for Justice is a statewide organization of over 2,400 lawyers, paralegals, and law students dedicated to protecting the rights of New Jersey’s families by working to preserve and strengthen New Jersey’s laws for safer products and workplaces, a cleaner environment, and quality health care for all. It provides ongoing legal education to attorneys, and sponsors programs to educate consumers on a wide range of legal issues affecting their lives.

What are some of the objectives of the New Jersey Association for Justice?

In addition to upholding and defending the Constitutions of the United States and New Jersey, the NJAJ works hard to support the science of jurisprudence and improve the process of trial by jury, to educate and train attorneys in every aspect of legal advocacy, to promote the public good, to uphold the honor and dignity of the legal profession, all toward the goal of advancing the causes of those who’ve been harmed by misfortune.

How does the NJAJ help its members to become better lawyers?

The NJAJ helps members keep current with the ever-changing landscape of the law by offering first-rate seminars, dynamic hands-on workshops, and regularly accessible on-line resources to assist them in their practices. Continuing Legal Education is a cornerstone of NJAJ’s mission. For example, its annual Boardwalk Seminar in Atlantic City features two dozen concurrent seminars on subjects such as personal injury, medical malpractice, workers compensation, matrimonial and employment law, and criminal defense. In addition, legal industry suppliers are encouraged to exhibit their cutting-edge technologies designed for case and courtroom.

How does the NJAJ help its members to be truly effective trial lawyers?

There’s just no substitute for experience, and one of the best benefits of NJAJ membership, to the attorney and his or her client, is the attorney-member’s immediate daily access to the expertise and experience of hundreds of fellow trial attorneys who’ve been there and done that. This is accomplished by a searchable, internet-based blog known as ListServe, on which pre-approved NJAJ attorneys post questions and answers on all sorts of important subjects: What are the latest verdict trends in Essex County? What is Judge Jones like when it comes to jury selection? Has anyone got any depositions from Dr. Dan Davis of Dover? Who knows an excellent expert in biomechanics for a Toyota Forerunner rollover accident?

An Important Decision Requiring Careful Thought

To quote from the New Jersey Supreme Court Committee on Attorney Advertising –

“Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.” Hopefully, this article has helped you to recognize that your choice of an attorney should involve careful thought about a variety of important factors. Best of luck in your search for qualified counsel.

Choosing a Civil Trial Attorney in New Jersey

New Jersey Supreme Court Certified Civil Trial Attorneys

A Consumer’s Guide to Understanding the Significance of being Certified by the Supreme Court of New Jersey as a Civil Trial Attorney

What does it mean to be a Certified Civil Trial Attorney?

Certified Civil Trial Attorney designations are granted by the New Jersey Supreme Court to attorneys who are able to demonstrate certain levels of experience, education, knowledge, and skill in civil trial practice by submitting the details of their legal practice to the scrutiny of a special Board appointed by the Court to insure high standards of civil trial practice in the State of New Jersey. In addition, all attorney-applicants for board certification must pass a written examination, and are required to identify attorneys who’ve opposed them in Court, and Superior Court Judges before whom they’ve appeared, to attest to their professional skills, reputation, and integrity.

Why does the New Jersey Supreme Court have a Certification Program?

To quote from the Court itself – “ The Certification Program helps the public find attorneys who have demonstrated proficiency in specialized fields of law. Certification helps lawyers by giving them a way to make their experience known to the public and to other lawyers. Certification also encourages the maintenance and improvement of attorney competence in specialized fields of law.”

In which areas of law does the New Jersey Supreme Court Certify Attorneys?

At present, there are five (5) specialty areas of practice that are approved for Certification by the Supreme Court of New Jersey: Civil Trial Law, Criminal Trial Law, Matrimonial Law, Workers Compensation Law, and Municipal Court Law.

How many attorneys are Board Certified in Civil Trial Law in New Jersey?

At present, less than three (3%) percent of all licensed New Jersey attorneys hold Board Certifications in Civil Trial Law. Once granted, certifications are good for just five years, after which the attorney must submit a new application for renewed certification.

Monday, February 10, 2014

Contingency Fees in New Jersey Personal Injury Cases

A Consumer’s Guide to Contingency Fees in New Jersey Personal Injury Cases

What are contingency fees and how are they calculated in New Jersey Personal Injury cases?

When a New Jersey Personal Injury Attorney takes your case for a contingency fee, he gets paid from the money he recovers for your personal injury. In other words, his fee is contingent upon obtaining a recovery. No recovery, no fee. Unlike some states, where the customary contingency fee may be as high as 40-45% of the total recovery, New Jersey caps its contingency fees at 33 1/3% of the net recovery for injured adults, and at 25% of the net recovery for injured minors. This means, for example, that if an attorney spends $5,000 on case expenses to recover $50,000 for an injured adult, the net recovery is $45,000, and his 33 1/3% fee is $15,000, which in effect is 30% of the total $50,000 recovery. Likewise, if that case involved injury to a minor, the attorney’s fee would be 25% of the $45,000, or $11,250, which in effect is 22.5 % of the total $50,000 recovery. To read New Jersey’s rule, click on the NJ Contingency Fees link below.

Does a lower contingency fee mean that the client will collect more money?

When you see a circular which says that the big box of Cheerios, normally $4.00, will be on sale next Tuesday for $2.00, you can be certain that by waiting until next Tuesday, you’ll get the same amount of Cheerios for less money. But when it comes to contingency fee cases, the outcome is less certain. This is because there are two factors affecting the equation – the contingency fee, which is certain, and the amount of the recovery, which is uncertain. For example, if an attorney were to charge you 33 1/3% to handle your case, and the net recovery he obtained for you was $45,000, he’d collect $15,000, and you’d collect $30,000. On the other hand, if an attorney charged you a lower contingency fee of 28%, but the net recovery he obtained for you was only $40,000, he’d collect $11,200, and you’d collect $28,800. So the answer is no, a lower contingency fee does not necessarily mean that the client will collect more money, because the outcome also depends on how much money the attorney is able to recover.

How does an attorney recover the right amount of money for the client?

The amount of money recovered in a case is typically decided in one of two ways – by how much the other guy’s insurance company is willing to pay, or by how much a jury is willing to award. In either case, getting the right number requires an attorney with the right experience and reputation. Does the attorney practice law in the region where your case is located (North Jersey, Central Jersey, South Jersey) ? Has he or she been Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, a reliable measure of real trial experience and continuing legal education? Does he or she have access to the inside information and expertise of hundreds of other New Jersey trial attorneys as a fellow member of the New Jersey Association for Justice?What kind of cases has your attorney handled, and has he or she done what’s necessary to let the insurance company know that you mean business, and aren’t willing to bargain away your rights for the sake of a quick settlement? It’s important that you get the answers to these questions, especially if your injuries are serious, and the other side is trying to avoid responsibility. If so, your case could take a lot of time and money to prepare properly, and having the right attorney by your side will make all the difference in the world when it’s time to make tough decisions about waging war or making peace.