Where Are Dishonest Attorneys Minted?

The Art Expert
By Adolf von Becker (1831 - 1909)
[Public domain],
via Wikimedia Commons

Does a character trait for honesty matter in the legal profession? Based on my professional experience, a mere character trait for honesty is not enough. A lawyer should make it a professional habit.

Without resorting to ethical rules, the reason is simple. Among other considerations, one accustomed to conducting business out of court amid exaggeration, fabrication, deception, and subterfuge can be expected to do the same in court. And you had better believe that it absolutely matters in court. In addition, clients not only expect but more importantly deserve honesty and candor.

During the summer after my first year of law school (1L year), many fellow students competed for a position with Rutgers Law Journal.

True to the time honored tradition of law school indoctrination, we were told during the 1L academic year about the importance of Law Journal as to one's career.

Some of my classmates, like me, were indoctrinated before we set foot on campus. Naturally, those of us who were accepted on Law Journal thought we had clenched the brass ring.

But it turns out the opportunities we had imagined and hoped for did not materialize. Rest assured, however, I am unable to name anyone who committed any of the egregious violations of trust mentioned above.

Despite my personal experience, I continue to believe the story was true, once upon a time. Furthermore, it is only fair to admit that as I write this I can think of classmates who benefited from volunteering for Law Journal—two exceedingly talented students.

Cynicism is an occupational hazard of practicing law. While I cannot exempt myself from the affected, in all sincerity I am honored to post a piece of my legal research that was selected for publication in Rutgers Law Journal.

The 6 Steps to “Better Thinking”

“Better Thinking” on Quora*

Forbidden Fruit
George Agnew Reid (1860-1947)
[Public domain],
via Wikimedia Commons

While researching social media websites, I recently discovered Quora.

After poking around enough to satisfy my curiosity, I created a user account, and I found this question: “How do I become a better thinker?”

I reviewed some of the submissions, and I posted an answer. Based on positive feedback, I am sharing it here.

The 6 Steps To “Better Thinking”

Read Quote of Michael Smolensky's answer to Thinking: How do I become a better thinker? on Quora
* For the uninitiated, Quora organizes knowledge by allowing users to work together asking and answering questions. Quora users earn credibility based on peer reviews--upvotes and downvotes.

South Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations--answering and asking questions--on all criminal, juvenile, and municipal court cases in New Jersey.

Call Now—(856) 812-0321.

Stop Criminalizing Mental Illness

Elyn Saks

A Tale of Mental Illenss—From The Inside

Corral de Locos
(Courtyard with Lunatics)
Francisco de Goya (1746 - 1828)
[Public domain],
via Wikimedia Commons

We must stop
criminalizing
mental illness. It's
a national tragedy and scandal that
the L.A. County Jail is the biggest
psychiatric facility in the
United States. American
prisons and jails
are filled with people
who suffer from
severe mental illness, and many
of them are there because
they never
received
adequate
treatment. I could have
easily ended
up there
or on the streets
myself.

--Elyn Saks

South Jersey Criminal Defense Attorney Michael A. Smolensky, Esq., on the World Wide Web.

Reduce, Reuse, Recycle.

How To Use A Paper Towel

Incentives

Joe Smith promised his audience would never forget the mantra, "Shake! Fold!" But I had other reasons to test his method. Mr. Smith had caused me to reflect.

I recollected learning the importance of personal hygiene from my parents—one of many reasons I am grateful to them. (Thanks, Mom and Dad!) I also recalled articles about wintertime hand-washing to prevent sickness. Additionally, I remembered care providers describing intentionally obsessive hand-washing habits in hospital and clinic settings.

But I could not recall a single discussion, article, or paper-towel-hand-drying-experience involving the use of just one. All this provided an overwhelming personal incentive to test this method.

On a grander scale, this seemed the least I could do personally to reduce paper waste.

Results

I am happy to report my test results support Joe Smith's method. And, I might add, my test conditions did not provide the benefit of "interstitial suspension."

Observations

The most impressive aspect of this method is its simplicity. This infinitesimal lifestyle change offers tremendous benefits. Indeed, this is “brilliant.”

For all these reasons, I will remember Joe Smith's hand-drying method.

Questions

• In what condition do you want to leave the world for the next generation?
• Do you aspire to improve our world during your lifetime?
• What task would you recommend?
• Is this task similar in simplicity to Joe Smith's method?

NJ Lawyer Michael A. Smolensky, Esquire, on the World Wide Web.

New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-29.

Why Google won't protect you
from big brother

New Jersey Wiretapping and
Electronic Surveillance Control Act

Christopher Soghoian described the power of law enforcement officials to obtain electronically stored evidence from providers of either electronic communication services or remote computing services.

Indeed, New Jersey law addresses this. Additionally, law enforcement authorities in New Jersey may also use wiretaps to obtain electronic evidence "in real time."*

Communication Data Warrants

To search and seize electronically stored evidence as described by Soghoian, New Jersey law requires police to get a Communication Data Warrant (CDW).

No CDW shall issue unless the law enforcement agency provides:

1. specific and articulable facts
2. showing reasonable grounds to believe
3. the record or other information
4. pertaining to a customer
5. of an electronic communication service, remote computing service or communication common carrier
6. is relevant and material to an ongoing criminal investigation.

Armed with either a warrant, a customer's consent to disclose, or a court order for disclosure, police may compel service providers as well as communication common carriers to supply law enforcement agencies with:

• a record,
• location data for a customer's mobile/wireless communications device, or
• other information pertaining to a customer of the service.

Alternatively, if a law enforcement agency in good faith believes an emergency involving danger of death or serious bodily injury to the customer requires disclosure of information relating to the emergency without delay, then the service provider must provide location information for a customer's mobile or wireless communications device, but not a record or other customer information.

New Jersey law empowers law enforcement authorities to get this information under these circumstances without notification to the individual.

Furthermore, the law generally shields any service provider, officer, employee, agent and other specified person who cooperates with the government from civil liability.

A service provider may move before the court to quash or modify the order if:

• the information or records requested are unusually voluminous, or
• compliance would otherwise cause an undue burden.

Subpoenas

If a grand jury or trial subpoena is issued, or when the State Commission of Investigation issues a subpoena, then service providers must provide the customer's:

1. name;
2. address;
3. telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address;
4. local and long distance telephone connection records or records of session times and durations;
5. length of service, including start date, and types of services utilized; and
6. means and source of payment for such service, including any credit card or bank account number,

Upon the request of a law enforcement agency, a provider of wire or electronic communication service or a remote computing service must take all necessary steps to preserve, for a period of 90 days, records and other evidence in its possession pending the issuance of a court order or other legal process. The preservation period will be extended for an additional 90 days upon the request of the law enforcement agency.

* A wiretap order permits the interception by law enforcement of a communication contemporaneous with the transmission.

New Jersey Trial Advocate Michael Smolensky, Esq., knows how to protect his clients. Mr. Smolensky can provide consultations on all cases involving Communication Data Warrants and Subpoenas. Call Now—(856) 812-0321.

James Cameron: Before Avatar ... a curious boy.

James Cameron spoke about curiosity and creativity during this TED presentation in 2010. In addition to Avatar, Aliens, Titanic, and The Terminator--just to name a few--Cameron described his work on a series of underwater documentaries. If Cameron's portfolio on imdb.com is any indication, his imagination is long from exhausted.

How to "poke and pry with a purpose.*"

• Which subject stimulates your curiosity?
  About which subject would you like to know more?
• What activities challenge your intellect?
  How can you advance your knowledge of this subject?
• How well do you understand the new knowledge?
  How much have you pondered the newly acquired knowledge?
• Does new knowledge prompt you to ask more questions?
  Which questions remain unanswered?
• How do you foster your creative thinking?
• When do you find time to pursue these interests?
• How do you unite your intellect with your creativity?

* Zora Neale Hurston

Law Office of Michael A. Smolensky LLC on the World Wide Web.

TED is a nonprofit devoted to Ideas Worth Spreading. It started out (in 1984) as a conference bringing together people from three worlds: Technology, Entertainment, Design. Since then its scope has become ever broader. Along with two annual conferences -- the TED Conference in Long Beach and Palm Springs each spring, and the TEDGlobal conference in Edinburgh UK each summer -- TED includes the award-winning TED Talks video site, the Open Translation Project and TED Conversations, the inspiring TED Fellows and TEDx programs, and the annual TED Prize.

Pay-To-Play Penalties, N.J.S.A. 19:44A-20.1; Record Falsifying and Tampering, N.J.S.A. 2C:21-4

Avaricia
(Avarice)
Jesus Solana, Madrid, Spain
[CC-BY-2.0],
via Wikimedia Commons

Narrative

On November 30, 2012, Philip Angarone pleaded guilty to third-degree tampering with public records or information, and fourth-degree prohibited corporation contributions through employees, according to njtoday.net.

The 40-year-old entered his plea to fraudulently avoiding the restrictions of New Jersey’s Pay-to-Play Act before Hon. Wendel E. Daniels, J.S.C., in Ocean County, reported njtoday.net.

Pay-to-Play governs political contributions by businesses that are party to or are attempting to win contracts with State government entities, according to New Jersey Election Law Enforcement Commission (ELEC), available at wwwnet1.state.nj.us/lpd/elec/ptp/p2p.html (last visited Dec. 6, 2012).

The Hamilton Township resident worked for Birdsall Services Group, as reported by courierpostonline.com.

Angarone joined an existing scheme to make illegal contributions when he began working at the Monmouth County firm in 2008, reported courierpostonline.com.

According to courierpostonline.com the former marketing director, Angarone together with other employees contributed amounts under $300, the threshold for reporting them.

Birdsall reimbursed contributors with bonuses that the company did not report to the Election Law Enforcement Commission and with government agencies that awarded the firm contracts, according to njtoday.net.

Angarone admitted in court, according to njtoday.net, that he and others at the firm fraudulently failed to disclose the illegally reimbursed political contributions to ELEC.

Under the plea agreement, according to njtoday.net, at the sentencing listed for April 26, 2013, the State will recommend the court sentence Angarone to:

• Up to 364 days county jail as a condition of a term of probation;
• Forfeiture of $26,775 for illegal contributions;
• Forfeiture of any contributions subsequently returned to him; and
• Disqualification from participating in public contracts for five years.

Pay-To-Play Penalties,
N.J.S.A 19:44A-20.1

The New Jersey Campaign Contributions and Expenditures Reporting Act proscribes the following conduct:

• No corporation or labor organization of any kind shall provide any of its
  • officers,
  • directors,
  • attorneys,
  • agents or
  • other employees
• any additional increment of
  • salary,
  • bonus or
  • monetary remuneration of any kind
• which, in whole or in part, is intended by that corporation or labor organization to be used for the express purpose of
  • paying or making a contribution,
  • either directly or indirectly,
  • of money or other thing of value
• to any
  • candidate,
  • candidate committee,
  • joint candidates committee,
  • political party committee,
  • legislative leadership committee,
  • political committee or
  • continuing political committee.

N.J.S.A. 19:44A-20.1(a).

The Pay-to-Play law designates this as a fourth degree crime for:

• Any
  • officer,
  • director,
  • attorney,
  • agent or
  • other employee of a corporation or labor organization
• to provide another employee of that corporation or labor organization
• any additional increment of
  • salary,
  • bonus or
  • monetary remuneration of any kind
• for the purpose described in this subsection

Ibid.

Falsifying or Tampering with Records, N.J.S.A. 2C:21-4

New Jersey Law sets forth the following proscribed conduct for issuing a false financial statement, a third-degree crime:

• when a person with purpose to
  • deceive or injure anyone or
  • to conceal any wrongdoing;
• he by oath or affirmation
• knowingly makes or utters a written instrument
  • that purports to describe
  • the financial condition or ability to pay
  • of some person and
  • which is inaccurate in some substantial respect; or
• Represents in writing
• that a written instrument purporting to describe a person's
  • financial condition or ability to pay
  • as of a prior date
  • is accurate with respect to such person's financial condition or ability to pay,
• whereas, he knows it is substantially inaccurate in that respect.

N.J.S.A. 2C:21-4(b).

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases alleging fraud. Call Now—(856) 812-0321.

Law Office of Michael A. Smolensky LLC on the World Wide Web.

Thomas Jefferson in His Own Time

1. What factors do historians use to rate and rank Presidents?
2. Has history treated Jefferson similarly to how his contemporaries treated him?
3. For what strategic reason did Jefferson maintain secrecy about his authorship of the Declaration of Independence?
4. How does the political atmosphere today mirror Jefferson's Day?
5. What did Jefferson accomplish during his presidency?
6. How would politicians today perform if they exhibited the same attitude toward public office common in Jefferson's day?

Law Office of Michael A. Smolensky LLC on the World Wide Web.

Thomas Barnett: Rethinking America's military strategy

On December 7, 1941, the Imperial Japanese Navy launched a surprise attack against the United States naval base at Pearl Harbor, HI.

The base was attacked by 353 Japanese fighters, bombers and torpedo planes in two waves, launched from six aircraft carriers. All eight U.S. Navy battleships were damaged, with four being sunk. Of these eight damaged, two were raised, and with four repaired, six battleships returned to service later in the war. The Japanese also sank or damaged three cruisers, three destroyers, an anti-aircraft training ship, and one minelayer. 188 U.S. aircraft were destroyed; 2,402 Americans were killed and 1,282 wounded. Important base installations such as the power station, shipyard, maintenance, and fuel and torpedo storage facilities, as well as the submarine piers and headquarters building (also home of the intelligence section) were not attacked. Japanese losses were light: 29 aircraft and five midget submarines lost, and 65 servicemen killed or wounded. One Japanese sailor was captured.

"Attack on Pearl Harbor," available at Wikipedia, http://bit.ly/Sy4uuX (last visited Dec. 1, 2012)

This post is dedicated to the memory of these events. Please note the time of the post in the footer. On this date in 1941 at 7:48 a.m. in Hawaii the air raid began, which was 12:48 p.m. on the east coast of the United States.



Law Office of Michael A. Smolensky LLC on the World Wide Web.

TED is a nonprofit devoted to Ideas Worth Spreading. It started out (in 1984) as a conference bringing together people from three worlds: Technology, Entertainment, Design. Since then its scope has become ever broader. Along with two annual conferences -- the TED Conference in Long Beach and Palm Springs each spring, and the TEDGlobal conference in Edinburgh UK each summer -- TED includes the award-winning TED Talks video site, the Open Translation Project and TED Conversations, the inspiring TED Fellows and TEDx programs, and the annual TED Prize.

Annie Lennox: Why I am an HIV/AIDS activist

Annie Lennox described the SING campaign in this TED video recorded in 2010. SING raises awareness about the HIV/AIDS epidemic in Africa. That women and children were the front-line victims in South Africa motivated Lennox to take action. Among other things, SING seeks to eradicate the transmission of HIV/AIDS from mother to child by 2015.

Think globally, act locally.

• What issue do you care about?
• Why is this issue important to you?
• How long has this issue concerned you?
• How has this issue impacted your life?
• In what ways has this issue degraded the world?
• If resolved, how would a more perfect world appear?
• In your town, what can you do about this issue?
• In your town, do you know others who share your views?

Law Office of Michael A. Smolensky LLC on the World Wide Web.

TED is a nonprofit devoted to Ideas Worth Spreading. It started out (in 1984) as a conference bringing together people from three worlds: Technology, Entertainment, Design. Since then its scope has become ever broader. Along with two annual conferences -- the TED Conference in Long Beach and Palm Springs each spring, and the TEDGlobal conference in Edinburgh UK each summer -- TED includes the award-winning TED Talks video site, the Open Translation Project and TED Conversations, the inspiring TED Fellows and TEDx programs, and the annual TED Prize.

Mary Roach: 10 things you didn't know about orgasm

1. You don't need genitals.
2. You can have them when you're dead.
3. Orgasm can cause bad breath.
4. And cure the hiccups.
5. Doctors once prescribed orgasm for fertility.
6. Pig farmers still do.
7. Female animals are having more fun than you think.
8. Studying human orgasm in a lab is not easy.
9. But it sure is entertaining.
10. Freud might say watching this TED video involves the ego's cathexis and withdrawal of the libido. Put in plain English, "You know you want to click it."

Law Office of Michael A. Smolensky LLC on the World Wide Web.

TED is a nonprofit devoted to Ideas Worth Spreading. It started out (in 1984) as a conference bringing together people from three worlds: Technology, Entertainment, Design. Since then its scope has become ever broader. Along with two annual conferences -- the TED Conference in Long Beach and Palm Springs each spring, and the TEDGlobal conference in Edinburgh UK each summer -- TED includes the award-winning TED Talks video site, the Open Translation Project and TED Conversations, the inspiring TED Fellows and TEDx programs, and the annual TED Prize.

Maud Muller

Maud Muller
George Elgar Hicks (1824 - 1914)
[Public domain],
via Wikimedia Commons

Poem by John Greenleaf Whittier (1807-1892)

Maud Muller, on a summer's day,
Raked the meadows sweet with hay.

Beneath her torn hat glowed the wealth
Of simple beauty and rustic health.

Singing, she wrought, and her merry glee
The mock-bird echoed from his tree.

But, when she glanced to the far-off town,
White from its hill-slope looking down,

The sweet song died, and a vague unrest
And a nameless longing filled her breast--

A wish, that she hardly dared to own,
For something better than she had known.

The Judge rode slowly down the lane,
Smoothing his horse's chestnut mane.

He drew his bridle in the shade
Of the apple-trees, to greet the maid,

And ask a draught from the spring that flowed
Through the meadow across the road.

She stooped where the cool spring bubbled up,
And filled for him her small tin cup,

And blushed as she gave it, looking down
On her feet so bare, and her tattered gown.

"Thanks!" said the Judge, "a sweeter draught
From a fairer hand was never quaffed."

He spoke of the grass and flowers and trees,
Of the singing birds and the humming bees;

Then talked of the haying, and wondered whether
The cloud in the west would bring foul weather.

And Maud forgot her briar-torn gown,
And her graceful ankles bare and brown;

And listened, while a pleasant surprise
Looked from her long-lashed hazel eyes.

At last, like one who for delay
Seeks a vain excuse, he rode away,

Maud Muller looked and sighed: "Ah, me!
That I the Judge's bride might be!

"He would dress me up in silks so fine,
And praise and toast me at his wine.

"My father should wear a broadcloth coat;
My brother should sail a painted boat.

"I'd dress my mother so grand and gay,
And the baby should have a new toy each day.

"And I'd feed the hungry and clothe the poor,
And all should bless me who left our door."

The Judge looked back as he climbed the hill,
And saw Maud Muller standing still.

"A form more fair, a face more sweet,
Ne'er hath it been my lot to meet.

"And her modest answer and graceful air
Show her wise and good as she is fair.

"Would she were mine, and I to-day,
Like her, a harvester of hay:

"No doubtful balance of rights and wrongs,
Nor weary lawyers with endless tongues,

"But low of cattle, and song of birds,
And health, and quiet, and loving words."

But he thought of his sisters, proud and cold,
And his mother, vain of her rank and gold.

So, closing his heart, the Judge rode on,
And Maud was left in the field alone.

But the lawyers smiled that afternoon,
When he hummed in court an old love-tune;

And the young girl mused beside the well,
Till the rain on the unraked clover fell.

He wedded a wife of richest dower,
Who lived for fashion, as he for power.

Yet oft, in his marble hearth's bright glow,
He watched a picture come and go:

And sweet Maud Muller's hazel eyes
Looked out in their innocent surprise.

Oft when the wine in his glass was red,
He longed for the wayside well instead;

And closed his eyes on his garnished rooms,
To dream of meadows and clover-blooms.

And the proud man sighed, with a secret pain,
"Ah, that I were free again!

"Free as when I rode that day,
Where the barefoot maiden raked her hay."

She wedded a man unlearned and poor,
And many children played round her door.

But care and sorrow, and child-birth pain,
Left their traces on heart and brain.

And oft, when the summer sun shone hot
On the new-mown hay in the meadow lot,

And she heard the little spring brook fall
Over the roadside, through the wall,

In the shade of the apple-tree again
She saw a rider draw his rein,

And, gazing down with timid grace,
She felt his pleased eyes read her face.

Sometimes her narrow kitchen walls
Stretched away into stately halls;

The weary wheel to a spinnet turned,
The tallow candle an astral burned;

And for him who sat by the chimney lug,
Dozing and grumbling o'er pipe and mug,

A manly form at her side she saw,
And joy was duty and love was law.

Then she took up her burden of life again,
Saying only, "It might have been."

Alas for maiden, alas for Judge,
For rich repiner and household drudge!

God pity them both! and pity us all,
Who vainly the dreams of youth recall;

For of all sad words of tongue or pen,
The saddest are these: "It might have been!"

Ah, well! for us all some sweet hope lies
Deeply buried from human eyes;

And, in the hereafter, angels may
Roll the stone from its grave away!

"Maud Muller" is reprinted from One Hundred Choice Selections. Ed. Phineas Garrett. Philadelphia: Penn Publishing Co., 1897.

Law Office of Michael A. Smolensky LLC on the World Wide Web.