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Posted on: Mar 8, 2021

Having a stack of deposition or trial transcripts can be a huge aid when it comes to cross-examining doctors hired by the defense. But what if those documents do not exist?

“If you have a doctor who has never testified before or never been deposed before and there are no transcripts, there are still good techniques you can use in cross examination,” said Norberto A. Garcia, Esq., who will  lecture at the virtual EDDM 21 Exposing Deceptive Defense Medicine seminar on Tuesday, May 11, 2021.

Garcia will speak on Beyond the Old Transcripts: Alternative Sources of Cross Examination Materials.

“There are cases where you have a defense doctor who either is new or has not testified before, so you don’t have transcripts and likely not many reports as well,” he said.

“One of the things I’m going to explain is how to look back in their history and see if they have been involved in cases in a capacity other than as an expert,” Garcia said. “Maybe they have been a defendant in a malpractice case, and you can glean information from those records or from the attorneys who were involved.”

Another tactic Garcia plans to speak about is using a doctor’s curriculum vitae. “Doctors routinely put the medical associations or organizations they are members of or may be officers of  in their CV because they want people to see it and be impressed,” he said.

“All of those organizations have publications of one form or another and often you can find an article or publication that relates to the issue in your case and may argue against what the doctor is saying in deposition or testimony,” Garcia said. “Then you can press the doctor on how he’s a member or officer of an organization that he disagrees with.”

The EDDDM 21 Exposing Deceptive Defense Medicine seminar will take place from 9:00 am to 3:00 pm and include presentations by nationally known attorneys, Mark A. Kosieradzki, Esq., Zoe B. Littlepage, Esq., Patrick A. Malone, Esq. and Keith R. Mitnik, Esq.

Registrants will receive materials containing more than 1,700 transcripts of DME depositions, over 1,800 redacted reports of 600 defense experts and video depositions of 58 defense expert doctors. 

Register online for this spectacular event that takes only place once every two years.

Posted on: Mar 8, 2021

The COVID-19 pandemic has greatly increased the stress level for attorneys, resulting in an upswing in calls and referrals to the New Jersey Lawyers Assistance Program.

“We are seeing many more calls than we have in the past and much of it is from stress,” said NJLAP Director William John Kane.

“Lawyers increasingly are upset and stressed because they have needed to change the way they practice,” Kane said. “There is a lot of disruption and all of this harms lawyers’ wellbeing.”

The New Jersey Lawyers Assistance Program provides resources on lawyer wellbeing as well as addiction and depression and is available for lawyers, judges, law students and graduates.

One new addition to the NJLAP arsenal is their biweekly Balance newsletter, which is designed to provide attorneys with information on lawyer wellbeing.

“The newsletter provides information that is helpful to lawyers,” said Noreen Braman, communications and technology manager for NJLAP. “Everyone is going through stress, but this newsletter deals with issues that are unique to the legal profession.”

The Lawyers Assistance Program offers individual and group counseling, and referrals for care as warranted,” Kane said. “Our focus is on helping improve lawyers’ wellbeing.

“As the free and confidential resource assisting New Jersey lawyers for more than 25 years, NJLAP is reminding attorneys, judges, law students and law graduates that they are not alone,” Kane said.

While the New Brunswick offices of the New Jersey Lawyers Assistance Program are currently closed, NJLAP is available by phone at 800-246-5527 and is also maintaining a constantly updated resource page.

Lawyers can go to the  NJLAP web page or their Facebook page  to access important links for those in recovery, as well as all who are experiencing heightened stress.

The NJLAP can be reached by email at info@njlap.org or by phone at 800-246-5527.

Posted on: Mar 8, 2021

NJAJ’s Virtual Trial Support Team (VTST) is available to help you prepare for and conduct virtual trials.

This dedicated group has volunteered their time and expertise to help NJAJ members adapt to the new normal.

The VTST has developed an online Attorney Assistance Request Form where you can submit information about your upcoming virtual case and seek help from the Virtual Trial Support Team.

The team also has met with vendors who are familiar with virtual proceedings and are available to help NJAJ members. You can see the list of vendors who have met with the VTST here.

Last month, members of the VTST conducted a daylong webinar on Trying the Virtual Civil Jury Trial.

If you were not able to attend the webinar, it is available for purchase on the NJAJ website so you can watch it from the comfort of your home or office whenever you like. CLE credit can be earned by watching this important and informative webinar.

The webinar dealt with a variety of topics such as equipment, and what kind of venue to use, voir dire, questioning witnesses both on direct and cross-examination and making opening and closing statements in a virtual setting. The webinar also includes a panel of judges offering a judicial perspective on virtual trials.

Posted on: Mar 8, 2021

New Jersey Supreme Court Justice Chief Justice Stuart Rabner will be the keynote speaker at the Plenary Session at the Boardwalk Seminar® 2021.

Rabner will speak at 9:00 am on Monday, June 28, 2021, the first day of the three-day event.

“The Boardwalk Seminar is celebrating its 40th anniversary and we are very grateful that Chief Justice Rabner has accepted our invitation to speak,” said NJAJ Educational Foundation Chair Kathleen M. Reilly, Esq.

The 40th annual Boardwalk Seminar®  will take place Monday – Wednesday, June 28 – 30, 2021 as a virtual event on Pathable.

That is the online platform that was used for the Boardwalk Seminar® 2020, the Meadowlands Seminar 2020 and the Winter Seminar 2021.

The Boardwalk Seminar® 2021 offers over 25 separate programs on a variety of legal subjects taught in over 90 separate webinars.

Programs being offered include: Auto Program; Business Torts; Civil Rights; Consumer Law: Criminal; Diversity Equity & Inclusion; Electronic Investigation; Employment; Ethics; Litigation at Sunrise; Mass Tort; Masters of Advocacy: Cross Examination; Matrimonial; Medicine for Lawyers; Medical Malpractice; New Lawyers Section program; Nursing Home; Personal Injury; PIP for Attorneys; Sole Practitioner; Trial Tips; Trucking; Virtual Trials for Trial Attorneys; Workers' Compensation; and the WTLC Seminar.

In addition to the educational programs, the Boardwalk Seminar® 2021 will include a virtual Exhibit Hall where registrants can meet with vendors in their Zoom rooms to discuss how those companies can help with your cases or with managing your firms.

There also will be time for networking with fellow attorneys and social events.

Posted on: Mar 8, 2021

Two NJAJ Business Partners for Justice have renewed their involvement with the association.

Consulting Engineers & Scientists, Inc. a longtime partner with NJAJ, has renewed at the Bronze Level.

“Consulting Engineers & Scientists has supported NJAJ since approximately 1985,” said CES Vice President Ronald J. Cohen. “We have been your expert witness partner for over 50 years and have a local office to serve you in Cherry Hill.  It has been our pleasure to support NJAJ promoting a strong and balanced legal community assuring fairness and justice when injuries occur, or properties are damaged.”

Copper Level Business Partner for Justice, Fleisher Forensics, which specializes in engineering evaluations for litigation, has also renewed its support.

“We recognize that NJAJ’s active lobbying and legislative initiatives make litigation and liability expert services viable in New Jersey,” said David H. Fleisher, P.E., the company’s founder. “We support the NJAJ team in appreciation that we are able to provide product, highway, construction,  premises and veterinary liability services to the legal community.”