Law Office of Donald D. Vanarelli Blog

In a decision that could have a big impact on all bloggers in New Jersey, a New Jersey trial judge ruled a self-declared “citizen watchdog” blogger has the same legal protections as a professional journalist. In re January 11, 2013 Subpoena by the Grand Jury of Union County, New Jersey, Prosecutor’s Docket No. 12 – 0001. Plaintiff, [...]

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Social media websites like Facebook, Twitter and LinkedIn often contain an enormous amount of highly personal information. Lawyers frequently mine social media websites for relevant evidence to be utilized in court when users of social media are involved in lawsuits. In general, information contained in social media websites is not protected by legal privilege or [...]

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Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court ruled that plaintiffs in a defamation suit over anonymous postings on a blog may not obtain the writers’ names via subpoena served on the corporate host of the blog. Somerset Development, LLC v. Cleaner Lakewood, Superior Court of New Jersey, [...]

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Two New Jersey defense attorneys allegedly caused a paralegal to “friend” the plaintiff in a personal injury case so they could access information on his Facebook page that was not available to the public. The Office of Attorney Ethics (OAE) charged that the “friend” request, made “on behalf of and at the direction of” the [...]

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In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by the scrivener of a will to third parties, and declined to extend that duty to the stepson of a decedent who had been omitted from the decedent’s will. In Taffaro v. Connell, No. A-4928-09T2 (App. Div. Sept. 30, 2011), Dolores [...]

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A new ethics opinion by the American Bar Association, Formal Opinion 10-457 (Lawyer Websites), identifies some of the ethical obligations that lawyers should address in considering the content and features of their websites. The major recommendations which I culled from the ethics opinion follow: (1) Information about Lawyers, their Law Firm, or their Clients. No [...]

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In the article below, I discussed some interesting (I hope) developments in the rules governing attorney ethics in New Jersey. I also provided links to other ethics resources at the end of the article. Bona Fide Office Rule: Under New Jersey’s “bona fide office rule”, lawyers must have an office where confidential information can be [...]

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Yesterday, the New Jersey Supreme Court ruled that the attorney-client privilege protects e-mails between a would-be plaintiff / employee and her attorney discussing a possible employment lawsuit against the plaintiff’s employer that were transmitted on the corporate laptop of the employer. In Stengart v. Loving Care Agency, Inc., ___ N.J. ___ (Docket No. A-16-09, March [...]

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Each year, the Elder and Disability Law Section of the New Jersey State Bar Association holds its annual Elder Law Retreat, an exciting two day event for practitioners and others interested in improving the lives of the aged and disabled in our State. As Vice-Chair of the Section this year, I am in charge of [...]

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Have you noticed the enormous growth in the user base of the internet and social media? Hard to miss it, I know. The numbers of friends and neighbors, even strangers apparently, who regularly use the internet and social media such as Facebook, Linked In and Twitter is staggering, and the growth rate in the past [...]

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