The intention of this blog is to help the consumer with a very important decision — one that should not be taken lightly — choosing a lawyer that is right for them. The New Jersey lawyer you choose will be:
- defending you;
- helping you with a fresh start;
- or possibly fighting for your life.
Don’t just rely on a picture and bio randomly found on the web. Make an educated decision by examining our interviews for a closer glimpse of who our New Jersey lawyers really are. Then check out their website and blog to learn more about their practice.
Today’s Spotlight Interview is with New Jersey Criminal lawyers, Schwartz & Posnock.
S&P: Every case is different. Every individual client has a face, a name, and a story. Each client is a unique individual who has come to us for help, often during a period of extreme crisis. We treat every case – from the local traffic matter to a federal criminal indictment – as if it is the most important case in the world – because it is for our clients. We look at every angle to reach a resolution favorable to our clients. Our clients rely upon us – we are often the only thing that stands between their freedom and a lengthy prison sentence. We take this responsibility very seriously. Whenever someone comes to us for assistance, we provide them with our complete attention and the full benefit of our 31 years as criminal defense lawyers.
This leads to excellent results. Helping people keeps things fresh for us.
NJLB: Your practice is split between defending those accused of Federal crimes and those accused of State crimes. What is the difference between a Federal and a State crime?
S&P: Federal crimes involve an alleged violation of the federal criminal code. The federal criminal code is found in Title 18 of the United States statutes. These crimes are enacted by the United States Congress and signed by the President. Federal crimes cover virtually every type of illegal conduct, such as weapon and drug possession, crimes of violence, business crimes, and regulatory offenses. State criminal laws also cover a wide variety of behaviors, but are do not cover conduct that crosses state lines into other jurisdictions. One of the major differences between Federal and State criminal laws is in the sentencing. The sentencing structure for federal crimes is, in comparison to the state sentencing system, very harsh. Also, the scope of criminal discovery – meaning what you can learn about the government’s case against you – is much more limited in the federal system.
NJLB: You blog quite often about both State and Federal criminal law. I’m a big fan of blogging when it comes to getting information out there. How do you think the information you get out there ultimately helps the end user?
S&P: Our blogs are meant to assist individuals to evaluate their options, and to provide a public service. They are not meant as a substitute for the assistance of an experience criminal defense attorney, but as a way of pointing potential clients (and less experienced lawyers) in the right direction.
NJLB: As criminal lawyers, how involved do you actually get with your client’s case? Do you consult experts or ever visit the crime scene?
S&P: Yes, we become intimately involved in every aspect of our client’s cases. After all, they have come to us for our experience, our ability to problem solve, and our desire to help. Our clients get the benefit of our skill at evaluating criminal matters and taking cases to trial, and our contacts with the finest and most well-qualified experts serving the criminal defense bar. We use superbly-credentialed physicians, psychologists, psychiatrists, ballistic experts, fingerprint and handwriting analysis experts, toxicologists, false confession experts, audio enhancement technicians, driving under the influence experts, data retrieval experts, and forensic accountants, among others. We visit the crime scene in order to gain perspective on what actually occurred, including the ability to observe an offense, based on lighting conditions and obstructions.
Our investigators are all former law enforcement officers with intimate knowledge of the State and Federal criminal system, many of them bilingual. We do not hesitate to demand official reports from the government by way of discovery requests as well as Open Records Act requests. We pride ourselves on our relentless attention to detail. After all, your freedom is our business.
Today’s Spotlight Interview is with New Jersey work injury lawyer, John F. Renner.
NJLB: John, I see that you are an experienced work injury lawyer. How many years have you been practicing Workers Compensation in NJ?
JFR: I have been practicing Workers Compensation law in the State of New Jersey for the past 18 years and I have thoroughly enjoyed helping injured workers get the benefits they deserve. It can be such a critical time in the life of an injured worker to experience the trauma associated with a workplace accident. One day working hard to provide for themselves and their families and the next day relying on an insurance company for the payment of a wage benefit and medical treatment. I fight hard to make sure my clients receive all the statutory benefits the law provides to them including the payment of a permanency award once the injured worker is released from authorized care.
NJLB: I’m sure Workers Compensation law in New Jersey is complex. What is the procedure a person injured on the job should follow?
JFR: The first thing to do is report the injury to the employer so that a claim can be established with the employer’s workers compensation insurance carrier. All employer in the State of New Jersey are required to have this insurance. The second thing is to obtain authorization from the employer’s insurance carrier to go see a doctor. The insurance company has the right to control medical treatment in the State of New Jersey so authorization from the insurance company is a necessary prerequisite prior to seeking medical treatment. The third thing is to keep notes of all interaction with company representatives, insurance company representatives (a claims adjuster will be assigned to the case after the claim is reported to the insurance carrier) and all authorized medical providers. Keep a list of symptoms and document whether there is an improvement or worsening of the condition. The fourth thing is to follow the advice of the authorized medical providers including obtaining the medical providers recommendation on return to work status and also to keep all appointments with the medical providers. And, finally, contact an attorney who can help you navigate this very complex area of the law as soon as possible.
NJLB: I would imagine that a typical client of yours is worried about their future earnings and their job. What are the first steps you take with a new client to put them at ease?
JFR: The State of New Jersey provides a wage benefit for the injured worker if the worker has been placed out of work by the authorized treating physician or has been placed on light duty and the employer does not have light duty available. If the light duty is offered by the employer and the authorized treating physician releases the worker for light duty, the employee must accept light duty or otherwise no further wage benefit will be paid in the future. The wage benefit will terminate when the employee reaches maximum medical improvement as determined by the authorized treating physician. If the client is receiving a wage benefit, I review the amount and duration to determine if the insurance company is paying the appropriate amount and for the appropriate period of time. I also discuss with my clients what steps are necessary to get back to work as soon as possible which is the main goal for all my clients. If the client is simply unable to return to work, we discuss the various issues that arise from that possibility and the benefits that can be anticipated from the workers compensation system.
NJLB: I know you’ve been consistently voted as ‘The Best’ or ‘One of the Best’ lawyers in South Jersey by the Courier Post for 8 years now. Can you tell us a little more about that distinction?
JFR: Each year the Courier Post newspaper provides their readers with an opportunity to vote for their favorite service providers such accountant, financial planner, doctor and lawyer. For each category, the highest vote winner is designation the “Best of South Jersey” and the two follow-up vote winners are given the designation “One of the Best of South Jersey.” Over the past eight years, we have been consistently recognized as either “Best” or “One of the Best” lawyers in the South Jersey area. The distinction is a recognition of our years of tireless work on behalf of our clients. We are grateful for all the people who consistently vote for us year and year. South Jersey remains a vibrant community full of close neighborhoods and hard- working people. It is truly an honor to receive this designation so consistently over the past eight years and I wish to extend a “thank you” to all those who have taken the time and effort to express their opinion about our services.
NJLB: Finally, what advice would you give someone who is considering pursuing a work injury case?
JFR: Keep on top of your treatment, work status and be actively involved in a dialogue with the health care providers regarding what is being recommended from a medical perspective to return you back to work at your regular designation position and job responsibilities. Take notes regarding treatment recommendations, conversations with the insurance company and your employer including the names of the people you speak to and their contact information. Save any correspondence you receive and document your symptoms and changes in your activities of daily living. Most importantly, take the time to consider which New Jersey work injury lawyer is right for you by researching credentials and qualifications. The choice of an attorney is a critical decision for you to make so take the time to meet with that attorney, present the entire case history and make the determination who will provide you the best services possible.
NJLB: Laura, I know you have quite a diverse background and you worked as a music teacher in the New Jersey public schools for many years. Tell me how being a former teacher benefits your clients.
LJN: That’s true, in fact, I still teach privately and play trumpet and bagpipes professionally, as time allows. But to answer your question, I believe that coming to the practice of law after teaching for some time provides me with a unique perspective as well as some skills not taught in law school, but rather gained through life experience. Working in an education environment with all sorts of people coming from all sorts of situations was a valuable experience, and I attribute my ability to communicate effectively with clients and prospective clients to my years spent in the classroom. And, just as every student has a unique style of learning that must be recognized and used to advantage by effective teachers, every client has unique problems that must be recognized and addressed strategically. It is my job to determine what approach or approaches will work best in achieving the goals of the client. In other words, in terms of the communication and analytic skills required, teaching music and practicing bankruptcy law have more in common than one would think.
Most importantly, though, I just enjoy helping people and both teaching and practicing bankruptcy law have allowed me to do that. I have a great deal of empathy and respect for a person who has taken stock of his or her situation, decided that the situation is unacceptable and cannot continue, and who is taking the courageous step of seeking out an attorney’s help to change that situation. I feel privileged to be in a position to help someone like that achieve a fresh start in his or her financial life.
NJLB: You’ve also worked with creditors in the past. How is that experience now helping you represent those on the other side?
LJN: My experience representing creditors in debt-collection litigation and in bankruptcy has been very helpful in my consumer bankruptcy practice. Consumer debtors are often unaware of the extent and nature of the debt obligations they incur, and because I know how creditors approach collecting on those debts in and out of a bankruptcy context, I can prepare my clients for all possible creditor actions. Using this sort of foresight, I am often able to resolve or avoid altogether the complications in a bankruptcy filing that creditors may cause while pursuing their claims. And when a client comes to me having been sued in state court by a creditor, I am often able to reach favorable settlement terms and avoid further litigation.
I derive a great deal of satisfaction from resolving creditor issues efficiently and keeping legal costs low for my clients. My former corporate clients demanded that, and I have carried that priority over to my consumer practice. I think it goes without saying that it is important for consumer clients to keep legal costs low what with the high cost of living these days.
NJLB: You also blog about Bankruptcy Law. I’m a big fan of blogging when it comes to getting information out there. Do you think your blogs may actually help someone out there in financial trouble?
LJN: I hope so! My purpose in blogging is to raise awareness about bankruptcy as an option for resolving untenable debt situations. Folks are very internet-savy these days, and while it is important for someone considering filing to eventually meet with an attorney to discuss his or her particular debt situation, it is a simple matter for that person to first search the web to get some basic information. My blog and the articles on my website provide an effective introduction to basic bankruptcy concepts and current issues in bankruptcy, foreclosure and debt collection.
I think that the word “bankruptcy” has become part of the common lexicon due to the economic situation we all now face, and understandably, people are curious about it. In these difficult economic times, we have cities, major symphony orchestras and automobile manufacturers filing for bankruptcy protection, and most people have at least one friend or relative who has filed. In my experience folks want to how and why this is happening, and seem eager to learn more about the reasons for filing as well as the procedure and ramifications of filing. Of course, they also might want to know if filing bankruptcy can help them too. I enjoy working with an educated client, because once a person knows something of the basics of filing a bankruptcy petition we can have a conversation about the facts of his or her particular situation and how bankruptcy can help.
NJLB: I’ve heard it said many times that bankruptcy lawyers can make their clients feel like they’re just part of a bankruptcy mill. I know you’re passionate about fighting this stigma. What approach does your firm take?
LJN: Donna, as you know I have heard that too from clients and it is a disappointing fact that this opinion is out there. Simply put, bankruptcy cannot be an effective “cookie cutter” practice because every client’s debt and asset situation is unique, requiring individual attention. I am aware of a few “high volume” law practices where clients work primarily with legal assistants and paralegals to prepare their filing and then meet an attorney for the first time on the day of their 341(a) hearing. To my way of thinking, this short-changes the client in that there is no way to know whether all legal options and ramifications have been explored as pertains to the facts of that client’s particular situation. It is important for a client to get what he or she pays for, which is the sound advice and effective representation of an experienced attorney – that is my goal and the reason why I started my own firm.
I am happy to say that while this “stigma” as you say is certainly out there, on the whole, bankruptcy attorneys in New Jersey are very conscientious and spend the appropriate amount of time meeting with and communicating with their clients before and during their bankruptcy case. Also, most bankruptcy practitioners are committed to pro bono work and to continuing education. This means that your bankruptcy attorney should be service-oriented as well as aware of the latest developments in bankruptcy law.
As with any other type of purchase of a service or any other commodity, the client should take a “caveat emptor” approach to retaining an attorney. My advice to a potential client is this: with all of the information available on the web these days, it is prudent for you to visit an attorney’s website, read the client reviews, and meet with an attorney personally prior to retaining that attorney to ensure that you’ve retained a person you have confidence in and with whom you can work comfortably.
NJLB: Lastly, what advice would you give someone who is considering bankruptcy?
LJN: I’m glad you asked this, because at the initial consultation, a bankruptcy attorney’s job is to assess the debt situation of a potential client and then counsel that potential client as to his or her options for resolution and the ramifications of exercising each option. Seems simple enough, but there are many people out there who are in financial distress, but who are on the fence about whether they need or want to schedule a consultation with an attorney about their debt situation. Here is what I would tell them:
First, be honest with yourself. It may be that you are considering bankruptcy because you are being sued or you have been threatened with foreclosure or repossession, but these events are often signs of an underlying problem with debt, namely, that your expenses have exceeded your income, and perhaps that has been the case for some time. Take stock of your debt situation as a whole – if you find that it is unacceptable to you, you should then consult with an attorney and commit yourself to the solution you and your attorney devise, whether it be filing a bankruptcy petition or engaging in some form of debt settlement. Life is short – take charge of your debt problems sooner rather than later, and let an attorney help you.
Second, be gentle with yourself. Many clients have told me that they feel embarrassed about their debt situation, which caused them to wait longer than they should have to be honest with themselves about it and seek professional help. However, by recognizing that there is problem and seeking the advice of an experienced debt settlement and bankruptcy attorney, you are taking charge of your situation. Clients report to me that they feel much better once they have taken charge in this way.
Overwhelming debt is an all-too-common problem these days due to job loss, large medical bills or an expensive divorce. The Bankruptcy Code was created by Congress for “the honest but unfortunate debtor,” in other words, for people who find themselves in an untenable debt situation through no fault of their own. Bankruptcy is not the solution to everyone’s debt situation, but for those for whom its appropriate, it is a powerful tool to resolve outstanding debts and move on the a fresh start. This is true not just for you, but for your creditors, because when a bankruptcy petition is filed, creditors then get notice of the status of their claim and can cease expending time and money trying to collect from you or sue you. Filing bankruptcy can be considered the responsible choice, in that way.
Third, be optimistic. There is a light at the end of the tunnel. You have taken the first important steps in taking charge of your debt situation by being honest with yourself about that situation and then seeking out an attorney’s advice as to how to resolve it. Now it is up to you to make the most of your consultation. At that consultation, you will have the opportunity to explain your debt situation to your attorney. Your attorney will then assess your debt situation and offer you options for resolving it. Together with your attorney, you will create a plan of action, and once you start to execute your plan, you will be well on your way to a fresh start.
Visit the website and Blog of The Neville Law Firm LLC, NJ Bankruptcy lawyer.