TRENTON — The state's acting governor this week signed laws that will help lawyers like him.

With Gov. Murphy and Lt. Gov. Tahesha Way out of the state to attend the Democratic National Convention in Chicago, that left Senate President Nick Scutari to hold down the fort.

On Thursday, Scutari signed into law a measure passed by his fellow legislators to raise the cap on fees for worker's compensation attorneys.

Scutari's private law firm does worker's comp cases.

The new contingency cap will be 25%, up from the 20% limit that had been in place since 1927.

Scutari also signed a separate bill to raise salaries of presiding appellate judges to $218,546, an increase of $3,000. It also raises the salaries of county prosecutors to $204,167. The increases are retroactive to Jan. 1. The salaries may be adjusted for inflation at the end of this year and the next two years.


Scutari's news release about the signing said the increase would assist lawyers "without overburdening" injured workers.

“Today’s legislation makes a meaningful adjustment to the contingency attorney fee cap, ensuring fair compensation for attorneys and providing workers with the accessible, quality legal representation they deserve," Scutari said in a written statement on Thursday.

Why is the Senate president acting as governor?
In New Jersey, the governor must be in the state to act in the capacity of governor, such as signing bills into law or declaring an emergency.

When the governor leaves the state DNC Convention or goes overseas, the next in the order of succession acts in his absence.

Since 2010, that role has been the responsibility of the lieutenant governor. Kim Guadagno became the state's first lieutenant governor with the election of Chris Christie in 2009.

Previously, the acting governor had been the president of the State Senate and then the speaker of the Assembly, who remain in the order of succession when the lieutenant governor is unable to assume her role.

Also on Thursday, Scutari signed these bills into law:

— A4360/S3402, the New Jersey Design Professional Self-Certification Act, allows architects and engineers to self-certify as design professionals


— S2876 renames the interchange between State Highway Route 42 and Interstate Highway Route 295 as the Ensign John R. Elliott Memorial Interchange

— A2884/S2070 allows Police and Firemen’s Retirement System pension members to purchase up to 10 years of credit for service as a Class 2 special law enforcement officer in New Jersey, which is already allowed for out-of-state and federal employment and military service before joining the pension fund.



Read More: https://nj1015.com/with-murphy...5&utm_domainid=17795

quote:

Originally posted by downtownv:
TRENTON — The state's acting governor this week signed laws that will help lawyers like him.

How surprising.
I have known many lawyers throughout my life and respect and even personally like some, but consider this:

Lawyers are highly represented among those in legislatures and other bodies that make the laws.

Lawyers are the only ones who can interpret the laws.

Lawyers are the only ones who, ultimately, enforce the laws. Yes, police of various types are the ones with the “law enforcement” label, but it is prosecutors—lawyers—who actually decide how the laws are enforced, if at all. There have been countless stark examples proving that in recent years all across the country.

Lawyers are the ones who not only interpret the laws but render final judgments on the laws.

When lawyers act unethically even to the point that other lawyers recognize it, who polices them? Other lawyers—if at all.

When lawyers give advice, what is the penalty for being wrong? I have personally seen and experienced the results of bad advice, and the answer is: None, at least not in usual practice. (Someone will now say, “What about …?” but based on what I’ve seen, those examples are few and very far between.)

Lawyers can easily bring lawsuits against the rest of us for any reason or no reason at all, and based on personal observation often are not the least bit hesitant to threaten to do so and if necessary to do so. Whom then must we turn to defend us? Yeah, don’t bother answering.

As one LEO of my acquaintance was told by a lawyer during a lawsuit, “We know we won’t win, but you’ll suffer so in the process that you’ll still regret fighting us.” I could go on, but at the risk that some lawyer someplace would take offense and sue me for the disrespect I expressed.

Who else (other than politicians, many/most of whom are lawyers) are in a group that is so able of acting on its own behalf? Is some of that exaggeration and perhaps misrepresentation? Yes, but not to the point that it makes any practical difference in modern American life. If anything, all that simply demonstrates that the rest of us are lucky things aren’t worse—and that probably only because of the advice in Shakespeare’s play Henry VI.

quote:

Who else (other than politicians, many/most of whom are lawyers) are in a group that is so able of acting on its own behalf?

Teachers unions are close, but only because they hire a lot of lawyers to work their side

quote:

Originally posted by downtownv:
— A4360/S3402, the New Jersey Design Professional Self-Certification Act, allows architects and engineers to self-certify as design professionals

That sounds more than just a little bit scary.

Wow, a whole 5% since 1927? In almost every other state the fee is 33 1/3%. Sounds like a sheer travesty.

Note: Am a workers’ compensation lawyer.

quote:

Originally posted by sigfreund:
When lawyers act unethically even to the point that other lawyers recognize it, who polices them? Other lawyers—if at all.
...
Who else (other than politicians, many/most of whom are lawyers) are in a group that is so able of acting on its own behalf?

Remember the Duke Lacrosse rape hoax? One of the things I learned from that is that a DA can fabricate a case against innocent men for his own personal gain... felony convictions that would put the accused away in prison for decades... and when the truth comes out, and the DA is busted, the worst that happens to him is he is disbarred and serves one day in jail.

On a similar note, there are always operatives and lobbyists at work in State capitals and Wash D.C. to tweak laws a certain way.

Here’s a small one; in MI a landowner can put vacant timberland into a ‘conservation forest reserve’ CFR program. This gets one lower taxes, but others can hunt and access land for fishing and a few other things. Most States have a similar type system.

It used to be where the landowner could just designate themselves, I think 40 or more acres. Now the landowner has to hire a forester and have a ‘timber management plan’. Of course this costs $$, law passed by the legislature in Lansing, MI.

Just an example of while many are going about their life, lobbyists are at work.

quote:

Originally posted by Milliron:
Wow, a whole 5% since 1927? In almost every other state the fee is 33 1/3%. Sounds like a sheer travesty.

Note: Am a workers’ compensation lawyer.

I happen to be a workers comp lawyer (defense, thank you, although I started my career chasing ambuli).

In Maryland, a WC attorney doesn’t get a fee except on permanency (at the end of a claim) or if temporary total disability (lost wages) are contested at any point.

The fee STARTS at 20% and goes DOWN progressively from there as the award gets larger, eventually reaching a maximum dollar value based on the State Average Weekly Wage, which changes every year.

Point is, WC attorneys never just do WC because it’s not worth it. WC by itself is a volume business and is often used to generate PI and other referral business, which is really what pays the bills.

This doesn’t bother me one bit. Not at all.

-Rob

quote:

Originally posted by BurtonRW:

quote:

Originally posted by Milliron:
Wow, a whole 5% since 1927? In almost every other state the fee is 33 1/3%. Sounds like a sheer travesty.

Note: Am a workers’ compensation lawyer.

I happen to be a workers comp lawyer (defense, thank you, although I started my career chasing ambuli).

In Maryland, a WC attorney doesn’t get a fee except on permanency (at the end of a claim) or if temporary total disability (lost wages) are contested at any point.

The fee STARTS at 20% and goes DOWN progressively from there as the award gets larger, eventually reaching a maximum dollar value based on the State Average Weekly Wage, which changes every year.

Point is, WC attorneys never just do WC because it’s not worth it. WC by itself is a volume business and is often used to generate PI and other referral business, which is really what pays the bills.

This doesn’t bother me one bit. Not at all.

-Rob

I represented injured workers for 25 years and now am general counsel for a nationwide self-insuring PEO. I manage all their WC litigation in Ohio.

WC varies greatly from state to state. Ohio is a monolithic state funded system (one of four in the U.S.) Ohio is (or was) an industrial state. WC was one of the largest practice areas in the Bar. It is very much a standalone practice, though that is changing. I have no idea what it’s like in NJ.

I agree that in most states and increasingly in Ohio, most lawyers will handle the big 3 together (PI, WC, SS). I also handled SSDIB. I hate PI work. Sounds like MD is like most other private insurance states. The fee structures in those states can get pretty Byzantine.

I've been doing work comp defense in CA for decades, along with subrogation.

The legislature says injured worker attorney fees are between 9 and 15%, but all request 15% based on the final settlement amount. I've only seen a court try to lower the fee to 12% twice.

The first time was where we fired a guy for bringing a gun to show off in the lunch room and the attorney claimed it was only a replica and therefore a righteous claim. The judge brought us into chambers and asked if I'd offer $100 to settle, which the other side accepted, but the judge only gave him a $12 fee instead of $15.

The other time was when the injured worker's attorney asked for the customary 15%. That attorney was a certified specialist with a couple decades of experience and also a judge pro tem. The judge said. "I know what you are, but I don't know if you're competent at what you do to justify the 15%." The judge had mental health issues and said shit like that on occasion, even to me.

Yeah the fee issue depends on what you’re taking the fee on. In Ohio you can charge 1/3 of accrued compensation, but not ongoing. Your fee is also not based (completely) on medical costs. 15% of the entire case might be a different matter entirely.