Mike Finesilver, CEDS

Top legal news of the week: Lawyer disbarred for destroying his computer, altering metadata before ethics hearing A New Hampshire lawyer has been disbarred based on allegations that he destroyed his computer before an ethics hearing and altered metadata to make it appear that he had provided conflict letters to a client when borrowing $275,000 from her. To read the full article, visit: https://bit.ly/3y5ppSw #legalnews #aba #law #legal #lawyers #DefenseCounsel #MintzerSarowitz #MSZLM

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Massachusetts Supreme Court Rules Online Tracking Technologies Do Not Violate State Wiretap Law | Conor Duffy, Health Law Diagnosis, https://lnkd.in/dbydSBHW #wiretaplaw #onlinetrackingtechnology #thirdpartytracking

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Texts and email can present a novel challenge when not in state’s possession. https://bit.ly/3xA6fo3 #ediscovery #shortmessagedata #litigation #lawfirm #legalteam

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🛡️𝐓𝐡𝐞 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐟 𝐈𝐎𝐋𝐓𝐀 𝐏𝐫𝐨𝐠𝐫𝐚𝐦𝐬: 𝐄𝐦𝐩𝐨𝐰𝐞𝐫𝐢𝐧𝐠 𝐀𝐜𝐜𝐞𝐬𝐬 𝐭𝐨 𝐉𝐮𝐬𝐭𝐢𝐜𝐞🛡️ Interest on Lawyers' Trust Accounts (IOLTA) programs play a vital role in funding civil legal aid for those who need it most. By directing interest from attorneys' trust accounts to organizations like the Connecticut Bar Foundation, IOLTA programs ensure that critical legal services are accessible to low-income individuals facing life-changing challenges, including eviction matters, restraining orders, and access to health care and benefits. 🏛️ 𝐖𝐡𝐲 𝐁𝐚𝐧𝐤𝐬 𝐒𝐡𝐨𝐮𝐥𝐝 𝐏𝐚𝐫𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐞 𝐚𝐬 𝐋𝐞𝐚𝐝𝐞𝐫𝐬𝐡𝐢𝐩 𝐁𝐚𝐧𝐤𝐬: Leadership Banks are financial institutions that go above and beyond by offering premium interest rates on IOLTA accounts, which significantly enhances the funds available for civil legal aid. Their commitment directly supports the mission of providing equal access to justice for all, regardless of income. By partnering as Leadership Banks, these institutions demonstrate their dedication to community impact and social responsibility. ⚖️ 𝐖𝐡𝐲 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲𝐬 𝐒𝐡𝐨𝐮𝐥𝐝 𝐁𝐚𝐧𝐤 𝐚𝐭 𝐋𝐞𝐚𝐝𝐞𝐫𝐬𝐡𝐢𝐩 𝐁𝐚𝐧𝐤𝐬: For attorneys, choosing to bank with a Leadership Bank is a simple yet powerful way to make a difference. By selecting a Leadership Bank for their IOLTA accounts, attorneys amplify the funds available for civil legal aid, helping to bridge the justice gap for thousands of Connecticut residents. Your banking decision can help ensure that no one is denied their legal rights simply because they cannot afford representation. Let's work together to ensure that our legal system serves everyone! Attorneys, consider making the switch to a Leadership Bank today: https://lnkd.in/eFJCcnZF Connecticut Bar Association Connecticut Bankers Association (CBA) #AccessToJustice #IOLTA #LeadershipBanks #CivilLegalAid #ConnecticutBarFoundation

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The Washington Supreme Court approves significant revisions to the state’s procedural rules on remote #depositions. https://ow.ly/rHy550Unz7v #Litigation #RemoteDepositions #WashingtonLaw #LegalTech #DepositionPractice #RemoteProceedings #Deposition

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In The News: The Pennsylvania Office of Open Records (OOR) has addressed concerns from agencies about anonymous Right-to-Know Law (RTKL) requests made through FOIA Buddy. While the PA OOR cannot provide legal advice on handling RTKL requests submitted via FOIA Buddy, it stresses the need for agencies to review and update their RTKL policies. This ensures effective management of anonymous requests while maintaining compliance and transparency. Read the update here: https://lnkd.in/g_hkUYh7 #PAOfficeOfOpenRecords #FOIABuddy #OpenRecords #PublicRecordsRequest #RTKL #RightToKnowLaw #PRI #RecordsManagement #Transparency #Compliance

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⚖️ The State v. Wildgoose Case | The Jessica Lunsford Act and State v. Wildgoose The State v. Wildgoose case is a significant legal precedent in New Jersey, particularly concerning the Jessica Lunsford Act (JLA). The JLA, enacted in 2014, established a mandatory minimum sentence for aggravated sexual assault of a child under 13. This law was named after a young girl who was kidnapped, sexually assaulted, and murdered by a registered sex offender. Key Points from the Wildgoose Case: #NewJersey Mandatory Minimum Sentence: The JLA mandates a 25-year prison term for aggravated sexual assault of a child under 13. This sentence cannot be reduced by a judge, except in cases where the prosecutor has agreed to a plea deal. Prosecutorial Discretion: The JLA grants prosecutors significant discretion in determining whether to offer plea deals and, if so, what the terms of those deals should be. However, the New Jersey Attorney General has issued guidelines to help ensure consistency in the application of the law. The Wildgoose Decision: In the Wildgoose case, the defendant appealed his conviction and sentence under the JLA. The appellate court upheld the conviction but found that the judge had erred in imposing a sentence that was lower than the one agreed upon in the plea deal. - The court emphasized the importance of adhering to the mandatory minimum sentence provisions of the JLA. Implications of the Wildgoose Case: Reinforcement of JLA Provisions: The Wildgoose decision serves as a reminder of the strict requirements of the JLA, particularly regarding mandatory minimum sentences. Prosecutorial Responsibility: The case also highlights the significant role of prosecutors in determining the outcome of cases under the JLA. Their decisions regarding plea deals can have a profound impact on the sentences imposed. Importance of Plea Agreements: The decision underscores the importance of carefully negotiated plea agreements in cases involving the JLA. Any deviations from the agreed-upon terms can lead to legal challenges and potential reversals. In conclusion, the State v. Wildgoose case provides valuable insights into the application of the Jessica Lunsford Act in New Jersey. It reinforces the mandatory minimum sentencing provisions of the law and highlights the importance of adherence to plea agreements. https://lnkd.in/dnu8NcYD 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929   #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI No aspect of this advertisement has been approved by the Supreme Court of New Jersey

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Attorney-Client Privilege Beyond Communication: The Work Product Doctrine Confidentiality and privilege are critical safeguards that protect the interests of clients and ensure the integrity of legal proceedings. https://lnkd.in/eFnf7bDV

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The discovery phase is a crucial part of the litigation process in New Jersey. Learn more by "Understanding the Ins and Outs of Discovery Litigation": https://bit.ly/3yaTbph

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Understanding the differences between legal and physical custody is essential for parents navigating the complexities of the legal system. Ultimately, the goal of custody arrangements in New Jersey, as in any jurisdiction, is to prioritize the well-being and best interests of the child, ensuring they maintain healthy relationships with both parents whenever possible. So, to learn more about these key legal concepts, click on the link below and read Brian P. Budic's latest blog: https://lnkd.in/er3BXxHY

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