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SJPA
P.O. Box 355
Haddonfield, NJ 08033
PARALEGAL PRESS
Special points of
interest: Briefly highlight your point of interest here.
Briefly highlight your point of interest here.
Briefly highlight your point of interest here.
Briefly highlight your point of interest here.
Inside this issue:
President’s Message 2
New Members 2
Job Bank Notices 4
Board Bytes 6
NJCP 7
AOC News Release -
Electronic Devices in
Court Proceedings
8
2015-2016 Election of
Officers
9
Scholarship!!! 13
Article: No Adverse
Inference Where IME
Doctor Not Called at
Trial
14
Meetings, CLEs 18
SJPA gratefully acknowledges The MCS Group, Inc., including Scott R. Griffiths (856) 581-8715, [email protected],
for providing gratis color copying services for the SJPA Reporter this year!!!
The opinions expressed in the Paralegal Press are those of the writers and not necessarily of the Editor or the South Jersey Paralegal Association.
Copyright©March 2015, South Jersey Paralegal Association. All rights reserved. No portion of this publication shall
be reprinted without the express written permission of SJPA. For reprint permission, contact the Editor.
Special Events:
NATIONAL FEDERATION OF PARALEGAL ASSOCIATIONS ANNUAL CONVENTION – DALLAS, TEXAS
OCTOBER 9-12, 2014 By: Becky Reedy, NJCP, NFPA Primary Rep.
Last month, I attended the National
Federation of Paralegal Associations (NFPA)
Annual Convention in Dallas, Texas as a
representative of SJPA. What an informative,
jam-packed weekend! There were almost 300
attendees from all over the United States. I
attended a Workshop on Leadership, the
NFPA 40th Anniversary celebration and
spoke with over 30 sponsors/exhibitors/
vendors. Later that evening, the first Board
Meeting was held which I must say, lasted a
long time! It was very informative and as the
Board plans for Conventions four years in
advance, the 2018 Convention will be held in
Seattle, Washington. Additionally, the Ad
Hoc Committee that was formed last year to
do research into the State of the Paralegal
Profession Report was extended for one more
year.
On Friday, I attended an all-day
Region Meeting attended by delegates from
Region IV, including associations from
Bucks County, Montgomery County,
Northern Virginia, Philadelphia and
Pittsburgh. There was an opportunity to meet
the individuals who were running for office
for a “Questions and Answers” session. Then
we attended a Coordinator Appreciation/
Networking lunch. Certificates were given
for individuals who held Board/Coordinator
positions throughout the year. Certificates
were also distributed for members who
performed pro bono work. SJPA’s very own,
Paula Masucci was recognized for her pro
bono hours for the year! Congratulations
Paula!! The Region Meeting continued in the
afternoon and then there was a Treasurer’s
Meeting wherein the budget was discussed at
length.
The Social Event was held that
evening at the Sixth Floor Museum at Dealey
Plaza. After dinner, we were given a tour of
the museum which chronicles the legacy and
assassination of President John F. Kennedy.
What an amazing place!
On Saturday morning, we were up
bright and early for the Policy Meeting. The
following topics were discussed: 1)
acknowledging administrative hours towards
planning of community service projects
(which passed); 2) CLE requirements for
PACE and PCCE to use same CLE hours to
honor both credentials (which passed); and 3)
expanding eligibility requirements to sit for
PACE to include having held the CRP
credential for two years or more as well as
other additional requirements (not passed).
(cont’d page 5)
Vol. XX Issue No. 4 March/April 2015
Member of the National Federation of Paralegal Associations
Paralegal Educational
Symposium, The Enterprise
Center at Mt. Laurel Campus
of Burlington County College
Friday, March 20, 2015
SJPA PES—
MARCH 20, 2015
The Enterprise Center at
Burlington County College
REGISTER TODAY!!
OFFICERS
President ~ Rebecca Reedy, NJCP Vice President ~ Doreen Ziccardi, RP [email protected] [email protected] Recording Secretary ~ Carole Marionneaux Treasurer ~ Judith Alvelo, NJCP [email protected] [email protected] NFPA Primary Rep.~ Rebecca Reedy, NJCP NFPA Secondary Rep. ~ Vacant
[email protected] [email protected] Corres. Secretary ~ Christi L. Valerio, NJCP Parliamentarian ~ Vacant [email protected] [email protected]
POLICY COMMITTEES
Delivery of Paralegal Services ~ Vacant Membership ~ Janice Kennedy, NJCP [email protected] [email protected] Nominations and Elections ~ Deborah Naglee, NJCP Pro Bono ~ Vacant [email protected] [email protected]
Professional Development ~ Vacant [email protected]
ADMINISTRATIVE COMMITTEES
Continuing Education ~ Vacant Fundraising/Marketing Coord. ~ Doreen Ziccardi, RP [email protected] [email protected] Job Bank ~ Kristen Brockman Meetings ~ Karen Kapsimalis [email protected] [email protected]
Newsletter ~ Janice Kennedy, NJCP Programs/Speakers ~ Michelle Cona-Diezel [email protected] [email protected] Public Relations ~ Doreen Ziccardi, RP Paralegal Edu. Symposium ~ Dawn Moskalow, NJCP [email protected]
Ad Hoc/Special Committees
Military Outreach Program ~ Vacant Communications Coordinator ~ Vacant NJSBA Liaison ~ Rebecca Reedy, NJCP Website Coordinator ~ Vacant [email protected] Recognition Committee—Christine Glatz
SJPA 2014—2015 BOARD OF DIRECTORS
Page 2 Page 19
Greetings Colleagues, Friends and Fellow Mem-bers: Hopefully we have seen the last of the snow and before long the flowers will be blooming. I cannot believe we are already halfway through March – where did the time go? Thank you to everyone who participated in our Social/Charity Event on December 2, 2014. SJPA spon-sored Operation Yellow Ribbon to support a fellow parale-gal and SJPA member, Brian Darling, NJCP who is currently deployed overseas. The evening was a complete success and Brian, and his unit members were very grateful for the donations – thank you! The Board has been working on planning the re-maining events for the year. Don’t forget to register for our annual Paralegal Educational Symposium on March 20, 2015. Other events for the year include a CLE in April, a dinner meeting in May for elections and a dinner meet-ing in June for the installation of officers. Also, the annual SJPA Scholarship topic has been announced. You should have received the information in a
recent email and the information can also be found on our website. For all of you students out there, this is a great opportunity for some extra money towards those college expenses! And last but not least, the Recognition Commit-tee will be submitting the nomination form shortly for the nominations for Board Member of the Year, Paralegal of the Year and Student of the Year. Please take a few min-utes and think about a fellow paralegal who has made a difference in your day, someone who went the extra mile or just someone you feel stands out above the rest and nominate them. The form will be distributed shortly. If you have any questions, comments, sugges-tions that you would like to share with the Board, please feel free to email me at [email protected] or click the “Contact Us” button on our website to reach me. All comments and suggestions are welcome!! Stay safe and be well!
PRESIDENT’S MESSAGE By: Becky Reedy, NJCP
Joseph Buonadonna - associate Barnegat, NJ Graduated Burlington County College Paralegal Program
Nicholas Conte - student Bradley Beach, NJ Attending Brookdale Community College Tara Devine - voting Rumson, NJ Smith Eibeler, LLC (Employment Law) Nicole Longo - voting Yardley, PA Stark & Stark (Nursing Home Law) Eric Messano - associate Midland Park, NJ Employed by Staples Graduated Fairleigh Dickinson Univ. Paralegal Program Patricia Olivieri - student Marlton, NJ Attending Burlington County College Paralegal Program
Victor F. Paniezko, RP, Pa.C.P. - voting Philadelphia, PA Flaster Greenberg PC (Litigation) Paralegal Certificate from Boston University Nina Rossman - voting Cranbury, NJ Lependorf & Silverman, PC (Plaintiff’s Personal Injury) AA in Paralegal Studies from Middlesex County College Lori VanDerVliet - associate Freehold, NJ Employed by United Airlines Graduated Brookdale Comm. College Paralegal Program Theresa Vinci - voting Sewell, NJ John C. Iannelli, Esquire (PI, Municipal Court, Criminal) Paralegal Certificate from American Institute of Paralegal Studies Nancy Wait - student Mullica Hill, NJ Law Office of Katrina Vitale (Family & Estate Law) Attending Rowan College Laura Yavru-Sakuk Mt. Laurel, NJ Hanamirian, Garibian & Kranjac (Tax & Litigation) Paralegal Certificate from Villanova University
NEW MEMBERS SJPA extends a warm welcome to our new members and we look forward to
your success with our organization and your paralegal career!
Page 18
Page 3
WHAT’S HAPPENING!
Marie Norcross – 1
Karen Kapsimalis – 11
Andrew Balistreri – 12
Lynn Manuel – 16
Sharon Scanlon – 19
Susan Bobb – 20
James Nanos – 23
Laura Adriano – 26
Nicholas Conte - 28
Iesha Coleman – 29
Jill Rubin – 29
Erika West – 30
Donna DiPietro – 5
Maureen Messina – 13
Hank Pierre – 21
Wendy Probst – 21
Carol Marionneaux - 24
Jodi Paulus – 29
Audrey Smith – 29
Theresa Vinci - 30
Kate Fitzpatrick - 4
Laura Yavru-Sakuk - 6
Roseanne Rippman - 7
Debra Schnell - 7
Cheryl LoCastro - 8
Deborah Raveling - 12
Deborah Naglee - 14
Stacey Devine - 15
Karen J. O'Malley - 15
Kim Rutigliano - 19
Erin Jones - 20
Robert Hrouda - 27
Donna Colarulo - 29
Tammy Mazzatenta - 1
Theresa Lounsbery - 2
Ted Robb - 9
Donna Kott - 16
Christi L. Valerio - 20
Cheryl Weaver - 21
Tara Devine - 21
Dawn Moskalow - 22
Shawnette Abbott - 23
Jodi Zaharoni - 24
William Carroll - 25
Judy Alvelo - 27
Lori VanDerVliet - 27
Any Tumaian - 28
Doreen Ziccardi - 28
PARALEGAL EDUCATIONAL
SYMPOSIUM
MARCH 20, 2015
The Enterprise Center at
Burlington County College
REGISTER TODAY!!
Nancy Wait - 1
Sheila Cavallo - 3
Barbara Rauscher - 4
Virginia Gandy - 10
Teresa White-Swoope - 11
Robert Yerby - 18
Linda Stipcevich - 21
Lynne DeRemigio - 23
Nicole Turturro - 26
Chandra Brown - 27
Mary Lynn Glenn - 7
Eric Messano - 8
Cassandre Dossous - 10
Susan Glanz - 10
Yolanda Costabile - 13
Lauren Caulk - 18
Judith Bennis - 20
Nicole Longo - 25
BOARD MEETINGS
The following dates for Board Meetings are firm, but the location is to be determined. Please visit the website under the “Events” tab for more information as it becomes available. March 10 May 12 April 14 June 9
DINNER MEETINGS & SPECIAL EVENTS
The below dates are tentative and a location is yet to be determined. Please see the website under the “Events” tab for more information as it becomes available.
March 20 PES at The Enterprise Center April 17 CLE at Earp Cohn, Cherry Hill, NJ May 19 Election of Officers Dinner Meeting at Tavistock Country Club June 23 Installation of Officers Dinner Meeting at Tavistock Country Club
Burlington County Bar - www.burlcobar.org
March 12 - Legal Aftermath of Hurricane Sandy
19 - Civil Trial Practice for New Lawyers...
25 - Recent Cases & Topics of Interest in Landlord/Tenant
Law
26 - Building Blocks: A Construction Law Primer
31 - Technology: Uses, Abuses & E-Discovery Update
April 16 - How to Obtain Clients and Get Paid
21 - Hot Trends in Probate Litigation
23 - Dos & Don'ts of Municipal Court
30 - New Jersey's Supremes Reflections: A Year in Review
May 7 - Mental Wellness Seminar
12 - Federal Practice Seminar (details to come)
20 - Workers' Compensation Seminar (details to come)
27 - Commercial Law Seminar (details to come)
28 - Summer Hazards Seminar (details to come)
NFPA - www.paralegals.org 3/10/2015 A Paralegal's Guide to Foreclosure
3/12/2015 Litigation Support for Paralegals
3/12/2015 Family Law for Paralegals
3/16/2015 The Paralegal's Role in Construction Defect
Litigation
3/19/2015 Ethics: Paralegal Strategies for Protecting Client
Confidentiality
3/20/2015 The Paralegal's Guide to Locating Persons and
Finding Background Information
3/24/2015 Estate and Trust Accounting for Paralegals
3/27/2015 A Paralegal's Guide to Managing Documents in a
Small Law Firm
3/31/2015 The Paralegal’s Guide to Creating a Trial Notebook
4/7/2015 Out of State Discovery for Paralegals
4/16/2015 The Paralegal's Guide to Ethics in Federal Court
4/17/2015 The Corporate Paralegal's Guide to Annual Reports
and Meetings
4/22/2015 Federal Litigation for Paralegals
4/23/2015 Law Office Management Strategies for Paralegals
4/23/2015 Probate and Estate Tax Return Preparation for
Paralegals
4/23/2015 Recruitment and Hiring: Legal Challenges and
Compliance Paralegals Need to Know
4/28/2015 Legal Research on the Web for Paralegals: How to
Search Like a Pro
4/30/2015 Ethics for Paralegals
5/5/2015 The Paralegal's Role in Handling Medical Evidence
for Personal Injury Cases
5/7/2015 Documenting Social Security Disability: How
Paralegals Can Assist Clients
5/12/2015 The Paralegal's Complete Guide to the Ultimate
Trial Notebook
Page 17 Page 4
Paralegal (from J&J Staffing - still listed): Must have a 4-year college degree, a Paralegal Certificate from an ABA Accredited Program or a degree in Paralegal Studies, strong customer service skills, proficient PC skills and solid written and verbal skills. Prior health care and home care experience is a plus. If interested, please email your resume through the following link: http://jobs.jjstaff.com/index.php?mode=apply&jobid=174997.1 Salary: $45K - $55K; Job Number: 174997.1 Legal Secretary (still open): Prepares legal papers and correspondence of legal nature such as summonses, complaints, motions and subpoenas. May review law journals and other legal publications to identify court decisions pertinent to pending cases and make recommendations for articles. Work in a 15-person office directly for the owner of the firm. Position is in Haddon Township. Paid benefits and generous compensation. Send all resumes to [email protected]. Legal Assistant/Paralegal: (Kelly Services) Job Reference #: US34W1KS_BH919070 Career Level: Experienced (Non-Manager) Education Required: Vocational/Trade (Temporary: approximate duration of assignments 6 months) Legal Assistant: Job Description: Provide high-level administrative support by conducting research, handling information requests and performing clerical functions. Education/Experience: High School Diploma or vocational/technical secretarial training with two years responsible clerical experience involving contact with the public, or any combination of education and experience that provides equivalent knowledge, skills, and abilities. Skills and Competencies: Verbal and written communication skills, multi-tasking, customer service skills and interpersonal skills. Ability to work independently and manage one's time. Ability to keep information organized and confidential. Previous experience with computer applications, such as Microsoft Word, Excel and PowerPoint. Major Job Duties: Receives and screens telephone calls and visitors. Takes messages or directs telephone calls and visitors. Answers routine inquiries regarding office activities. Types, collates, routes and files legal documents as directed by supervisors. Types criminal complaints from dictation and clear copy. Enters forfeiture information into computer database. Sorts Department outgoing mail. Retrieves files for Court and attorneys. Dress Code: Traditional Business Attire. Paralegal: Additional Skills & Responsibilities include: Supporting two investment advisor attorneys who work out of Pittsburgh and Philadelphia PNC locations. No travel is required. Will be handling contract negotiations with clients, conducting research on case laws for attorneys, sending out engagement letters to law firms and handling typical paralegal responsibilities. MUST HAVE: 6-8yrs of paralegal experience if not years of experience must have a paralegal certificate and 3-4 years of experience. Experience working for an Investment attorney would be helpful but not required -Experience negotiating contracts -Attention to detail / organizational skill -Knowledge of Microsoft Office -Professionalism is a must. Training will be hands on and a lot of shadowing for the first week. Candidate should already know what to expect as a paralegal even though there is going to be direct training on what the attorneys specifically need done. Hours: Monday-Friday 8-5pm. If interested, go to Kelly Services.com and enter the job reference number to apply. Lauletta Birnbaum, LLC, a growing South Jersey law firm, has an immediate opening for an Intellectual Property Paralegal, with a focus on Trademark Prosecution management, for its growing IP practice in Sewell, NJ. If you are an experienced, motivated Intellectual Property Paralegal who would enjoy taking on responsibility and being a part of a very modern law firm that has a new and fresh approach to the practice of law, we would love to talk to you! Please send resume and salary requirements to Robert A. McKinley at [email protected] and Lloyd Birnbaum at [email protected].
A very special THANK
YOU to all of our
sponsors for giving of
their time and energy in
supporting not only
South Jersey Paralegal
Association, but the
paralegal profession in
its entirety!
Page 16 Page 5
(cont’d from cover page)
The Awards Luncheon was held wherein the following were recognized:
After lunch, we returned to the Policy Meeting and so began a very long and passionate debate amongst the delegates regarding the
dues increase. However, after three hours, the topic passed.
Voting was then held on the positions for new officers.
Sunday morning, we returned to the Policy Meeting. A discussion topic was brought up to the delegates about proxy voting. There
was no discussion held and the topic was not presented as an agenda topic so it was not pursued.
The new incoming officers were installed and took their oaths. Announcements were made that the Joint Conference will be held in
May in Portland, Oregon; and the 2015 Annual Convention will be held in Honolulu, Hawaii. If anyone would like more
information on the Convention or NFPA, in general, please do not hesitate to contact me.
2014 AWARD WINNERS:
NFPA Certification Ambassador Award Janet Williams, RP, Georgia Association of Paralegals
Individual Pro Bono Award Risa Burgess, Dallas Area Paralegal Association
NFPA Association Pro Bono Award Dallas Area Paralegal Association
NFPA Paralegal of the Year James Hills, Department of the Navy
NFPA Outstanding Local Leader
Cynthia Minchillo, RP, Dallas Area Paralegal Association
NFPA William R. Robie Award Judy Stouffer, RP, Philadelphia Association of Paralegals
2014 SCHOLARSHIP WINNERS:
NFPA PACE Scholarship Becky Reedy, NJCP, South Jersey Paralegal Association
NFPA PCCE Scholarship Noreen Messmer, Pa.C.P., Montgomery County Paralegal
Association
Thompson Reuters/NFPA $3,000 scholarship Farah Perez, Miami Dade College (Miami, FL)
Thompson Reuters/NFPA $2,000 scholarship Robert A. Harty, Jr., Tampa Bay Paralegal Association
Congratulations
Becky!!!!
2014 BOARD OFFICERS:
President - Lisa Vessels, RP, CP, FRP
Vice President & Director of Positions and Issues - Lynne-
Marie Reveliotis
Vice President & Director of Paralegal Certification - Juanita
(Nita) Serrano, RP
Secretary and Director of Operations - Cherylan Shearer
Region I Director - Thomas (Tom) Holmes
Region II Director - Allen F. Mihecoby, CLAS, RP
Page 6 Page 15
Board Bytes…
Latest updates from YOUR Board —
The Board continues to work hard to ensure that we enrich your professional career no matter whether you are an entry level or experienced paralegal. You can help us to help you by volunteering your time and/or contacting any Board member with suggestions. Don’t forget to continue to check the Events section of our website to make sure you don’t miss any future events. President, Becky Reedy, NJCP was busy last month attending the NFPA Convention in Dallas. She is now busy working with Board members on upcoming events for the rest of the year. Vice President, Doreen Ziccardi, RP is busy getting sponsors confirmed for our upcoming events. Treasurer Judy Alvelo, NJCP continues to keep our financial records updated and provides the Board with a full report at every Board meeting. In addition to preparing the budget for the upcoming year at our annual budget meeting, she also provides our members with a shortened version of our budget at the dinner meetings to our members. Recording Secretary Karen Kapsimalis is keeping the Board on track with meeting minutes. She is also working as the Chair for Dinner Meetings and working with Michelle Cona-Diezel, NJCP on obtaining speakers for Programs. NFPA Primary Becky Reedy, NJCP attended the Convention and her summary is in a separate report in this newsletter. The next NFPA event will be the Spring Region Meeting . PES Chairperson Dawn Moskalow, NJCP has finalized the topics and is securing speakers for our PES in March 2015. CLE Chairperson Michelle Cona-Diezel is confirming speakers for the upcoming CLE’s so look for new information coming soon. Becky Reedy, NJCP President
(cont’d from Page 14) It is certainly arguable that the jury penalized the defense for its failure to call the two experts. In what appears to have been a fairly simple and routine back-and-neck case with a prior accident, the Burlington County jury awarded nearly $750,000. As noted above, a trial court must use a four-pronged test to determine if an adverse inference charge is warranted. The fourth prong is that the court must find that the proposed testimony "appears to be superior to that already utilized in respect to the fact to be proven." The Supreme Court ruled that the plaintiff's doctor had already testified, and that "nothing in the record suggests that the testimony of Dr. Sharetts or Dr. Hayken would have been superior to the expert testimony already before the jury." Instead, the defense experts’ testimony was "merely corroborative or cumulative to plaintiff's proofs.” Arguably, the Supreme Court ignored one important factor: in stating that the two defense experts’ evidence was cumulative to the plaintiff’s own doctor’s testimony, it overlooked the source of the evidence. That is, it is certainly arguable that the jury should have been told that the defense retained two experts who confirmed or corroborated what the plaintiff's own expert said. This is especially true in Washington, where the defense attorney told the jury in his opening that the plaintiff was not injured in the accident. The Supreme Court noted that there are many reasons—both strategic and practical—why a party may elect not to call an expert witness at trial. These reasons include cost, duplication of testimony, lack of relevancy or unavailability. As the Court noted, "there are, in short, many explanations for a party's decision not to call a particular expert that may have nothing to do with a party’s fear that the expert will reveal prejudicial information." Therefore, an adverse inference charge will rarely be warranted when the missing witness is an expert. The Supreme Court held that the trial judge erred in giving the adverse inference charge. It cited the significant distinctions between fact and expert witnesses and “the array of reasons why a party may choose not to call a previously designated expert witness to testify” and ruled that an adverse inference charge “should rarely be invoked to address the absence of an expert.” Therefore, the Court remanded the case for a new trial. The Washington decision makes it clear that adverse inference charges, with very rare exception, should never be given when the absent witness is an expert.
However, it also raises some doubt as to non-expert witnesses. At one point in the opinion, the Court wrote “when the court’s findings do not support an adverse inference charge, the jury is free to independently draw an inference from the absence of an important witness.” In a footnote a few pages later, however, the Court wrote “if a Clawans [adverse inference] jury instruction is not given with respect to a witness, counsel should not be permitted to argue to the jury that it should draw an adverse inference from the absence of the witness." That footnote suggests that, not only is the court’s “weight” not added to the argument, but counsel should not even make the argument in the first place. On its face, Washington is a defense-oriented decision since it permits defendants to not call an IME doctor without fear of an adverse inference. Whether there are larger implications for both sides remains to be seen. ________________________________________________
Page 14 Page 7
If a party fails to call a witness at trial that he would be expected to call, his adversary may be entitled to an adverse inference charge—that is, the jury will be told that it could infer that the witness’s testimony would have been adverse to that side. But where a defendant fails to call his IME doctor at trial, is the plaintiff entitled to an adverse inference charge? The Supreme Court addressed this issue in Washington v. Perez, which was decided on September 10, 2014. The plaintiff sustained neck and back injuries after suffering similar injuries three years before. The defense retained two experts: Dr. Scott Sharetts, a neurologist, and Dr. Gerald Hayken, an orthopedist. In their reports, Dr. Sharetts opined that the accident had exacerbated her prior injuries, while Dr. Hayken indicated that the plaintiff’s symptoms appeared more pronounced after the accident. However, the defense called neither expert as a witness at trial. Over the defendant’s objection, the trial judge told the jury that it could infer that the missing witnesses’ testimony would have been unfavorable to the defense. The jury awarded the plaintiff $500,000 for pain and suffering and $242,000 for lost wages. The defendant appealed. The Appellate Division reversed, ruling that the trial judge should not have given the adverse inference charge. It added that the improper charge had inflicted “palpable” harm on the defense and placed “the weight of the court’s authority behind plaintiff’s argument about the missing witness.” The plaintiff appealed to the Supreme Court. The adverse inference charge was first announced in a 1962 criminal case, State v. Clawans. In that case, and others that followed, the Supreme Court formulated a four-pronged test to determine when an adverse inference charge was proper: (1) the uncalled witness must be "peculiarly within the control or power of only the one party" or there is a "special relationship" between the party and the witness; (2) the witness must be available to both parties "both practically and physically"; (3) the testimony of the witness "will elucidate relevant and critical facts in issue”; and (4) the testimony appears to be superior to that already used in respect to the fact to be proven. In order to give the adverse inference charge, a trial court must make specific findings as to each of these four factors. In addition, the party seeking the charge must give specific notice to the other side so that it has ample opportunity to respond.
The adverse inference charge is particularly powerful before a jury. As the courts have noted, "it is one thing for counsel in his summation to point to the absence of particular witnesses; it is quite another when the court puts the weight of its authority behind such a summation by telling the jury it may draw an adverse inference from their absence." The defense in Washington named both Dr. Sharetts and Dr. Hayken as expert witnesses, adding that their reports did not constitute adoptive admissions. They also identified both experts in their pretrial information exchange. Just before trial, the defense attorney announced for the first time that he did not intend to call Dr. Hayken as a witness. In his opening statement, he told the jury that the evidence would show that the plaintiff was not injured in the accident. Only after the plaintiff rested did the defense attorney advise the court that he was not going to call Dr. Sharetts. As such, the defense presented no expert testimony. Once the defense announced that it would not call its experts, the plaintiff’s attorney asked for an adverse inference charge. After little discussion, the trial court granted the request. In closing argument, the defense attorney told the jury that he had retained experts, but elected not to call them since the plaintiff had not proved her case. The plaintiff’s attorney focused on the defense’s failure to call its expert witnesses. In particular, he argued that “defendants have hid evidence from you, have avoided you hearing what Dr. Hayken has to say.” He added that the expert “did not support what defendants would like you to believe.” In its charge, the trial court told the jury that “if you find these doctors are persons who you would naturally expect the defendant to produce to testify, you have a right to infer from the non-production of the witness that his testimony would be adverse to the interests of the defendant.”
(cont’d on Page 15)
SUPREME COURT: NO ADVERSE INFERENCE WHERE IME DOCTOR NOT CALLED AT TRIAL
By: David B. Wright, Esquire
Law Office of Amy Loperfido
New Jersey Certified Paralegal (NJCP®) The South Jersey Paralegal Association’s Board of Directors adopted and approved the NJCP (New Jersey Certified
Paralegal) Plan in October, 2010. The NJCP credential is a voluntary certification for paralegals who are members of the
South Jersey Paralegal Association, and meet the qualifications set forth in the NJCP plan. Please see our website for informa-
tion and forms pertaining to the program.
Christi Valerio, NJCP, is the Chairperson for this Committee. This is a reminder to all members who hold the NJCP credential
that you need to renew every TWO YEARS. Reminder notices have been emailed to members on a continual basis. If you do
not renew your credential and it lapses, you are not permitted to use the NJCP initials after your name until you re-apply.
Please remember to send in COPIES of your certificates along with a COMPLETED form outlining the courses and CLE
hours you have taken. If you have any questions, please do not hesitate to contact any Board member.
SJPA has proudly certified the following members for the NJCP credential.
Congratulations to all of our NJCP Members!
Lisa Renee Aberman, NJCP
Judith Alvelo, NJCP
Denise Andriulli, NJCP
Barbara Miller Baum, NJCP
Beverly Bogdan, NJCP
Noreen M. Bratton, NJCP
Debra J. Brigher, NJCP
Yolanda Costabile, NJCP
Brian Darling, NJCP
Lynne DeRemigio, NJCP
Stacey M. Devine, NJCP
Deb Ferguson, NJCP
Kate Fitzpatrick, NJCP
Maureen T. Garrett, NJCP
Anthony J. Iannini, RP, NJCP
Donna Kott, NJCP
Betsy Lindenberg, NJCP
Cheryl LoCastro, NJCP
Susan R. Merewitz, NJCP
Dawn Moskalow, NJCP
Deborah A. Naglee, NJCP
Marie B. Norcross, NJCP
Karen J. O’Malley, NJCP
Rebecca Lynn Reedy, NJCP
Sharon K. Roth, NJCP
Nancy Z. Seldomridge, NJCP
Linda E. Stipcevich, NJCP
Pamela B. Tate, NJCP
Nicole Turturro-Szelag, NJCP
Christi L. Valerio, NJCP
Teresa J. White-Swoope, NJCP
Sherry Williams, NJCP
Do you have something you would like to share with other paralegals? Maybe you recently changed jobs, or have
an interesting story to tell, or even some legal humor that would certainly make a stressful job seem a bit more tol-
erable! Maybe your firm was involved in a groundbreaking, precedent setting case! We would love to hear from
you!
Please submit all articles to the editor at: [email protected].
Page 8 Page 13
THE SOUTH JERSEY PARALEGAL ASSOCIATION IS
PLEASED TO ANNOUNCE ITS
2015 PARALEGAL EDUCATIONAL SCHOLARSHIP!
This $1,000 scholarship is being offered to any student who is currently enrolled in a paralegal studies
program. The award will be presented to the lucky winner on May 19, 2015 at our General Membership Dinner
Meeting.
To enter, please complete the following: 1) an application which can also be downloaded from our website at www.sjpaparalegals.org; 2) attach two letters of recommendation from a legal, business and/or academic professional; and 3) a four page, double-spaced, typed composition on the following topic:
Why is it important as a paralegal to join and participate in professional paralegal
association as well as attending Continuing Legal Education (CLE) classes? Please note that the Scholarship funds are to be used to pursue a paralegal education and will be made payable to the recipient and the recipient’s paralegal educational institution. Selection is based on the information on the application (30%), contents of the letters of recommendation (35%) and the written composition (35%). In addition to the monetary award, the recipient will receive a one (1) year student membership in South Jersey Paralegal Association. The winner will be notified on or before May 1, 2015 and the scholarship will be awarded at the May 19, 2015 General Membership Dinner Meeting to the recipient.
Please note that the deadline for entries is April 17, 2015.
All materials must accompany the application.
Incomplete applications will not be considered.
Mail your documents to: South Jersey Paralegal Association Attn.: Scholarship Committee P.O. Box 355 Haddonfield, NJ 08033
Page 9 Page 12
2015-2016 Election of Officers An election of officers of the South Jersey Paralegal Association for the 2015-2016 year is scheduled for May 19, 2015. The following offices will be
voted upon then: President, Vice President, Recording Secretary, Treasurer, NFPA Primary and Secondary Representatives. Nominations are now open
(see nomination form on page 19) and will remain open until the evening of the election. Included in this newsletter is a nomination form. To stand for
nomination and hold an office, you must be a voting member of SJPA in good standing. Please consider becoming involved or staying involved to fur-
ther your profession. Duties for all offices are listed below for your convenience and are contained within the Policies and Procedures Manual. You can
also find them online at www.sjpaparalegals.org.
PRESIDENT: 1) Preside at all Board, general membership, spe-
cial meetings, and the annual meeting of the association, and
cause all orders and resolutions of the association to be carried
out. 2) Prepare agendas for all Board and general membership
meetings; 3) Appoint committee chairs within thirty (30) days of
election or as soon thereafter as possible; 4) Prepare an associa-
tion calendar for the year including deadlines and meeting dates,
providing the calendar to the newsletter editor for publication and
communications coordinator for the web site; .5) Supervise the
work of the Board and delegate special assignments; 6) Commu-
nicate with the Board as a means of requesting and/or following
up with general and special assignments; 7) Attend committee
meetings when possible; 8) Answer or cause to be answered all
correspondence, inquiries, etc. in a timely manner and keep mem-
bership informed; 9) Conduct meetings in a professional and im-
partial manner; 10) Follow parliamentary procedure at all meet-
ings. The President may consult the parliamentarian prior to rul-
ing on any matter; 11) Request the resignation of an officer or
committee chair, with approval of a majority of the Board, for
failure or refusal to perform their duties, and to fill the vacancy in
accordance with the bylaws; 12 ) Fill any vacancy of an officer
by appointment with the approval of a majority vote of the Board.
Any officer appointed to fill a vacancy shall serve the unexpired
term; 13) Fill any vacancy of a committee chair by appointment
without the need for Board approval. Any committee chair ap-
pointed to fill a vacancy shall serve the un-expired term; 14) Con-
fer with the recording secretary as to the order of business for
agendas and, knowing in advance the business to come before the
assembly, confer with the Parliamentarian before the meeting
opens and during recesses in order to anticipate any problems that
may arise and to avoid, as much as possible, frequent consulta-
tion during the meetings; 15) Ensure that the minutes of the pre-
vious Board and/or general membership meetings are distributed
by the recording secretary and reviewed for corrections and
changes during the meetings and ensure that the minutes are
approved and moved into record by vote; 16) Appoint ad hoc
committees as required to perform special assignments on behalf
of the association; 17) Monitor conformance with the SJPA
Strategic Long Range Plan and By-Laws and make recommenda-
tions to the Board relating to same; 18) Keep records of all
agendas, committee reports, and other such documentation within
the President‘s files to pass onto the next consecutive President.
Keep records of any and all new projects and/or committees that
develop and add to the President‘s files; 19) Oversee the SJPA
bank account and invoices as a back up to the Treasurer; 20) Pre-
pare a "Message from the President" article to be published in
each newsletter; 21) Maintain a contact list for each officer and
committee chairperson holding office for current year; .22) Ap-
point a Board member or committee person and one alternate to
retrieve the mail from the post office box, sort it and forward it to
each Board member in a position to handle each written corre-
spondence; 23) In accordance with the section of this manual
dealing with the annual SJPA Scholarship Program, secure the
judges for same; 24) Cause to be updated at the beginning of each
SJPA year, the section of the association publication, "What is
SJPA?" to reflect the current officers and committee chairper-
sons; 25) Endeavor to move into Board Advisor position upon
conclusion of term to assist the incoming President and Board
with the transition of the new SJPA year; and 26) Perform such
other duties as may be requested by the Board.
VICE PRESIDENT: 1) Assume the duties of the presidency in
the absence of the President; 2) Assume the office of the Presi-
dent until the next annual meeting should the office become va-
cant; 3) During the absence and/or inability of the President to
render or perform his/her duties or exercise his/her powers, the
same shall be performed and exercised by the Vice President.
When so acting, he/she shall have all the powers and be subject to
all the responsibilities given to the President; 4) Attend all meet-
ings of the association; 5) Support and assist the President in all
activities of the association; 6) Attend meetings of policy, admin-
istrative, and ad hoc committees, providing assistance and direc-
tion when needed, and reporting, in the absence of the committee
chair, the activities of the committees; 7) Coordinate activities of
non-policy committees and report their activities to the Board; 8)
Prepare regular columns for the Newsletter (a) summarizing the
Board of Directors meetings and (b) highlighting the General
Membership Meetings; 9) Assume custodianship of the official
SJPA sign, which at the discretion of the Board is to be displayed
at all SJPA functions; 10) Review the SJPA Policy and Procedure
Manual on an annual basis, adding and deleting items as ap-
proved by the Board. Upon any Board approved change made to
the manual, prepare or cause to be prepared a hard copy and an
electronic copy of any revised manual in its entirety for the vice
President‘s files and/or the general SJPA files maintained by the
President; 11) Receive and report to the Board any violations of
rules governing the New Jersey legal profession and/or federal
legal system by members; and 12) Perform such other duties as
may be requested by the Board or the President.
RECORDING SECRETARY: 1) Attend all meetings of the
association; 2) Take, transcribe, and copy minutes of all meet-
ings; 3) It shall be the sole responsibility of the Recording Secre-
tary to take the minutes of the meetings of the association. If the
recording secretary is unable to attend a meeting, he/she shall
inform the President and endeavor to find a replacement, to be
approved by the President, for that meeting only; 4) Distribute
copies of Board minutes to the Board and general membership
meeting minutes to those in attendance at the next general mem-
bership meeting; and make any corrections to minutes of all
meetings as moved into the record; .5) Maintain original minutes
(continued on Page 5)
Sjpa hosts operation yellow ribbon charity event
Thank you to everyone who participated in our Social/Charity Event on December 2, 2014. SJPA sponsored Operation Yellow Ribbon to support a fellow paralegal and SJPA member, Brian Darling, NJCP who is currently deployed overseas. The evening was a complete success and Brian, and his unit members were very grateful for the donations – thank you!
Brian Darling, NJCP
Page 10 Page 11
(continued from Page 9)
of the association to be turned over to a successor with all per-
manent recording secretary files; 6) Take a roll call or conduct
a count of those voting members present at commencement of
each meeting to determine the existence of a quorum; 7) Re-
ceive originals of all reports and annex them to appropriate
minutes in the recording secretary's association files; 8) As-
sume custodianship of the SJPA corporate seal; 9) Prepare and
cause notice to be given to members of general membership
meetings and directors of the Board meetings of the associa-
tion in accordance with the bylaws; 10) Provide a copy of the
minutes of the previous month's Board and general member-
ship meetings to the Vice President within ten (10) days prior
to the article submission deadline of the SJPA newsletter to
assist the Vice President with his/her newsletter articles; and
11) Perform such other duties as may be requested by the
Board or the President.
TREASURER: 1) Attend all meetings of the association; 2)
Provide a written report of the association‘s financial status at
all Board meetings and an oral report at the general member-
ship meetings of the association upon request; 3) Be responsi-
ble for all funds of the association, making all deposits and
issuing all checks of the association; 4) Open and maintain
bank accounts; obtain signature cards and resolutions and have
them executed and submitted to the bank as required; 5) Pre-
pare a proposed budget in July or August of each year for sub-
mission, review and approval by the Board and distribute the
Board approved draft budget to the membership in September
for adoption; 6) Supervise all financial matters; 7) Approve all
check requests; 8) Keep permanent records in ledger form of
all receipts and disbursements; 9) Receive and deposit all dues
and other revenue; 10) Receive and present all invoices for
approval by the President and/or Vice President for payment;
11) Transmit dues to NFPA with copies to the primary repre-
sentative; 12) Reconcile bank statements monthly upon re-
ceipt; 13) Prepare or cause to be prepared, in coordination with
the membership chairperson, a membership roster to accom-
pany payment of dues to NFPA; 14) Prepare the books for
presentation to the auditor as soon as possible following the
close of the fiscal year; 15) Respond to member requests for
information regarding receipts, disbursements, general budget-
ary and dues related concerns; 16) Collect renewal member-
ship fees from the membership chairperson in accordance with
this section; 17) Secure and/or make the appropriate changes
to the SJPA credit card for use by the President and NFPA
Primary Representative; and 18) Perform other such duties as
may be requested by the Board or President.
NFPA PRIMARY REPRESENTATIVE: 1) Act as liaison
between the association and the National Federation of Parale-
gal Associations (NFPA); 2) Upon election, contact the Region
IV Director (the region in which SJPA is a member) to provide
the contact information for the new Primary, Secondary, Presi-
dent and Vice President of SJPA; 3) Obtain the passwords for
the Management and Members Only pages of NFPA's website
from RD. Both passwords will need to be provided to the
SJPA Board. However, SJPA members are to be provided with
the Members Only password only. The primary shall request
that the communications coordinator relay the Member‘s Only
password via email to SJPA's members directly; 4) Upon elec-
tion, update the NFPA Leadership Directory with SJPA officer
information; 5) Act as spokesperson for SJPA in any and all
NFPA matters; 6) Attend all meetings of the association; 7)
Attend and represent the association at any meeting of the Pri-
mary Representatives of NFPA; 8) Provide a written report at
all Board meetings, a written report to the editor of the news-
letter suitable for publication and an oral report at the general
membership meetings of the association; 9) Vote on behalf of
the association on NFPA matters; 10) Respond to direct re-
quests for information from NFPA Board members, commit-
tees, coordinators, headquarters and/or NFPA member associa-
tions; 11) Provide the RD with "Association Highlights" to
include in his/her NFPA Board Report; 12) Respond to re-
quests received by the SJPA members for information regard-
ing NFPA; 13) The association shall provide funds to the ex-
tent possible to pay the reasonable expenses incurred by the
primary representative in connection with the representation of
the SJPA at any NFPA meeting; 14) Provide SJPA, through
newsletter articles, with information on all policy issues, ad-
ministrative agencies which affect the members, and other
matters as required by NFPA; 15) Maintain a permanent file of
all NFPA correspondence and documents; 16) Provide a cur-
rent copy of NFPA bylaws to the SJPA Parliamentarian at the
beginning of each term; 17) Advise SJPA in connection with
remaining in compliance with NFPA bylaws, mission state-
ment, policies and procedures; and 18) Perform other such
duties as may be requested by the Board or the President.
NFPA SECONDARY REPRESENTATIVE: 1) Assist the
Primary Representative to NFPA; 2) Attend all meetings of
SJPA; 3) Serve as primary representative in the absence of the
Primary Representative; 4) Attend all NFPA meetings in the
event the primary is unable to attend and, budget permitting,
accompany the primary to the NFPA meetings; 5) The associa-
tion shall provide funds to the extent possible to pay the rea-
sonable expenses incurred by the secondary representative in
connection with the representation of the association at any
NFPA meeting; 6) Review and report to the Board items of
interest from the NFPA president‘s report; 7) Periodically
meet with the primary representative to discuss new NFPA
policies and other pertinent information from NFPA and pre-
sent a report to the Board in the absence of the primary repre-
sentative; 8) Review newsletters provided by other NFPA af-
filiated associations and provide a written report suitable for
publication to the editor of SJPA‘s newsletter regarding nota-
ble news from around the country and 9) Perform other such
duties as may be requested by the Board or the President.
All voting members in good standing: please com-
plete the nomination form on page 11 and return
with your choices for the 2015-2016 Executive
Officers! Your votes are important!
OFFICER NOMINATION FORM
I, ______________________________, a voting member in good standing of the South Jersey Paralegal Association, hereby
nominate the following individuals to serve on the 2015-2016 Board of Directors:
President:
Vice President:
Treasurer:
Recording Secretary:
Primary Representative to NFPA:
Secondary Representative to NFPA:
Nominations are being accepted by Deborah Naglee. You may mail your nominations to Deborah Naglee at Deborah Naglee, c/o Parker McCay, 9000 Midlantic Drive, Suite 300, Mt. Laurel, NJ 08054. Thank you for your attention to this very important matter.
MEMBERS ON THE MOVE!! Dawn Moskalow, NJCP, is happy to report that she has left her previous
employer and is now at a new law firm with Richard Grungo, Jr., Esquire and William A. Colarulo, Jr., Esquire at the law offices of Grungo Colarulo in
Cherry Hill, NJ. The firm is solely a personal injury firm where she will be
able to continue her passion in helping people who have been injured as a
result of the negligence of others. Dawn’s new email is
[email protected] and the firm’s website is www.gcinjurylaw.com, if you want to check them
out!
Karen Kapsimalis is now employed by the State of New Jersey at the Administrative Office of the Courts
in Trenton. She is in the Superior Court Clerk’s Office and performs functions of case management
relating to foreclosure, judgment processing and record management.
Janice Kennedy is now employed by the State of New Jersey as Secretary to the Honorable Mark P.
Tarantino, J.S.C. and the Honorable Louise D. Donaldson, J.S.C., retired, recall, in the Family Division,
specifically Children in Court. This docket encompasses such matters as Abuse and Neglect, Termination
of Parental Rights, Guardianship, Placement, Kinship, and Adoptions. Adoption Day is always the best
day! Janice worked for Judge Tarantino for the past 7 plus years prior to his nomination to the Superior Court of New Jersey. Although her title is Judicial Secretary, she still performs many paralegal duties such
as calendaring cases, tracking and reviewing court reports for upcoming cases, preparing transfer orders,
tracking and securing evidence, and of course, keeping everyone in chambers on track!
Congratulations ladies on your new positions!
