CURRICULUM VITAE OF
JOHN E. FINNERTY
CERTIFICATIONS AND AWARDS
Recipient of the New Jersey Bar Association, Family Law Section, Saul Tischler Award, 1998 for a Lifetime Contribution to the Advancement of Family Law in the State of New Jersey Certified Matrimonial Trial Attorney, 1998.
PUBLICATIONS
“Time Passes . . . Still Miles to Go: The Need for Sensitive Pace”, New Jersey Family Lawyer, 25 NJFL 113, March, 2005
“Techniques for Enforcing Orders . . . and Using the Rules to Process Litigation”, Compendium for 2003 Family Law Symposium, Institute for Continuing Legal Education.
“Relocation after Baures: Legal Standards, Analysis and Presentation of Evidence”, New Jersey Lawyer, 12 NJL, 91, January 13, 2003
“Taking Lifestyle Into Account”, New Jersey Law Journal, 161 N.J.L.J. 581 (August 7, 2000) “Construing Crews”, New Jersey Law Journal, 160 N.J.L.J. 1339 (June 26, 2000).
“The New Matrimonial Rules”, New Jersey Law Journal, 157 N.J.L.J. 201 (July 19, 1999) “Alimony: Law, Policy, Practice and Presentation”, New Jersey Family Lawyer,
February/March, 1999
“Smoking Out Hidden Assets”, New Jersey Law Journal, 149 N.J.L.J. 16 (July 7, 1997) "The Insecurity of Security: Creating a Cloud", New Jersey Family Lawyer, February/March 1996
"Lawyers, Judges and Practice in the Family Part", New Jersey Family Lawyer, May, 1994 "The Standards for Psychological Evaluations in Child Custody and Visitation Cases", New Jersey Family Lawyer, April, 1994
"Remedying the Perception of Fee Abuse", New Jersey Family Lawyer, January/February, 1994 "Empowering Clients in Divorce: Development of a Lawyer/Client Fact Gathering Presentation Team", New Jersey Lawyer, The Magazine, November/December, 1993
"Domestic Violence Consent Orders: The Frustration Continues", New Jersey Family Lawyer, August/September, 1993
"Domestic Violence Consent Orders: Time for a Change", New Jersey Family Lawyer, June/July, 1993
"Of Lawyers and Dinosaurs," New Jersey Family Lawyer, May, 1993
"Getting the Jump on Discovery," Compendium of the 1993 Annual Meeting of the Section of Family Law of the American Bar Association (ABA, Section of Family Law)
"Recent Developments in New Jersey Family Law, October, 1991 - November, 1992," New Jersey Family Lawyer, January, 1993, co-authored with Judge Page, Judge Fall, Judge Moses and Marie Pirog, Esq.
"Domestic Violence and Custody: A Misplaced Presumption," New Jersey Family Lawyer, May/June 1991.
"Visitation and Criminal Culpability: Danger Lurks in 2C:13-4," New Jersey Family Lawyer, January 1991.
"Empowering Clients -- Hot Tips from the Experts," Compendium of the 1990 Annual Meeting of the Section of Family Law of the American Bar Association," (PSI Legal Publications, 1990). "Equitable Distribution in New Jersey", West Publishing Company, New Jersey Practice Series, Marriage, Divorce and Separation, 1991 (in publication). 1988, 1985 and 1983 Pamphlet
Editions.
"New Jersey Developments", New York Domestic Relations Reporter, (Matthew Bender), (December, 1988).
"Relocation-How to Do it (or Stop It)", Vol. II, No. 3, Family Advocate, Page 13 et seq., (American Bar Association, Winter, 1989).
"Preparing and Defending the Support Modification Application," New Jersey Family Lawyer, March/April, 1990.
"1988 Legislative Overview", Vol. 7, New Jersey Family Lawyer, Page 117, et seq., (November 9, 1988).
"Equitable Distribution, The Elective Share and Death: The Black Hole", New Jersey Family Lawyer, p. 1, et seq., (May, 1987).
"Legislative Review", New Jersey Family Lawyer, 182 (May, 1987).
"Matrimonial Motion Practice: Due Process and Jurisprudence", 5 New Jersey Family Lawyer, 179 (May, 1986).
"Distribution of Private and Military Pensions, Vested and Non-Vested -- The Need for Reform", 5 New Jersey Family Lawyer, 140 (March 1986).
"Counsel Fees in Matrimonial Practice" Family Law and Practice, Matthew Bender (1985). "Motion Practice -- The Need for Deliberate Speed", 3 New Jersey Family Lawyer, 101 (January, 1984).
"Lepis v. Lepis: New Perspectives on Support Rights and Obligations", New Jersey Law Journal, (November 9, 1980).
"The Property Distribution Decisions: An Analysis", 97 New Jersey Law Journal, 473 (June 27, 1974).
"The Property Distribution Decisions: An Analysis: Part II", 97 New Jersey Law Journal, 570 (June 4, 1974).
Note, "1971 New Jersey Divorce Law', 25 Rutgers Law Review, 476 (1971).
Revision to West New Jersey Practice Series, "Marriage, Divorce and Separation, Pocket Parts and Pamphlet on “Equitable Distribution”, Volumes 10-12A, for the years 1991, 1988, 1985, 1983, 1981, 1979, 1978 and 1977.
JUDICIAL DECISIONS AND TRIALS
Although I believe litigants are best served by coming to fair and reasonable agreements, it is important to be prepared for trial in the event a reasonable settlement can not be negotiated.
My longest contested trial was for ten consecutive months. That case, Schmidt v. Schmidt, involved my representation of a man who sought to enforce a Property Settlement Agreement he had reached with his wife. His wife sought to overturn it on the grounds of fraud, overreaching, unconscionability and other allegations which were proven to be without merit following conclusion of the trial. The agreement was enforced in each and every respect.
In addition, I have been involved and the prevailing attorney in several reported decisions that have had an impact on the articulation of legal principals and precedents in this state. Those cases included:
Lepis v. Lepis, 83 N.J. 139 (1980), in which our Supreme Court changed New Jersey law by making it easier for former spouses and children to obtain increased support because of post-divorce needs. This case was listed as one of 45 national landmark deci-sions in family law during the post-World War II quarter century. See Family Advocate, a Practical Journal by the American Bar Association Family Law Section, Summer, 1982 (Volume 5), 32 - 37.
Nehra v. Uhlar, 168, N.J. Super. (App. Div. 1979), which changed the outcome of a New York Court of Appeals custody decision be-tween the same litigants because New York's highest court had failed properly to assess the best interests of the children.
Torraco v. Torraco, 236 N.J. Super. 500 (Ch. Div. 1989), in which the Court determined that a detective hired by our client could not be deposed by the other spouse in view of attorney/client and work product privileges.
Shifman v. Shifman, 211 N.J. Super. 189 (App. Div. 1986), which held, before the statutory amendment, that rehabilitative alimony could be modified because of changed circumstance.
Davis v. Davis, 184 N.J. Super. 430 (App. Div. 1982), in which our Appellate Division recognized the legitimacy of requiring supporting spouses to maintain, following divorce, sufficient life insurance to satisfy alimony and support requirements of the dependent spouse following death of the supporting spouse. Mahonachak v. Mahonachak, 189 N.J. Super. 253 (App. Div. 1983), in which the Appellate Division held that the effective date of divorces should be as of the date the hearing in Court took place, rather than the date the form of Judgment was executed.
held that a referring attorney in another state did not have a duty to be aware of the indictment for fraud of a New Jersey attorney to whom he referred a personal injury case.
LECTURES AND SEMINARS
“Hop Tips for Family Lawyers”, February, 2004, Institute of Continuing Legal Education “Annual Family Law Symposium”, January, 2002, Institute of Continuing Legal Education “Brown v. Brown: The Most Important Equitable Distribution Decision Since Painter”, June, 2002, Institute of Continuing Legal Education.
“Matrimonial Law’s Top 40 Hits”, January, 2002, Institute of Continuing Legal Education. 2001 Family Law Bench-Bar Conference, April 19, 2001, Institute of Continuing Legal Education.
“Crews, the Most Important Alimony Case Since Lepis”, July, 2000 Institute of Continuing Legal Education
Moderator: “Masters’ Forum in Family Law II”, Moderator, June, 2000, Institute of Continuing Legal Education.
“Locating Hidden Assets”, April, 1999, Institute of Continuing Legal Education
“Annual Family Law Symposium”, January, 1999, Institute of Continuing Legal Education Children, Divorce & Custody, Lawyers and Mental Health Professionals Working Together, November, 1998, Institute of Continuing Legal Education
Mischief Night with the Bergen County Family Part Judges, Moderator, Panel Discussion with Family Part Judges and Practitioners, October, 1997.
"Locating Hidden Assets"; October and November, 1997, Institute of Continuing Legal Education
"Factors to Consider in Deciding Whether to Appeal a Matrimonial Decision", Matrimonial Appellate Practice, Institute of Continuing Legal Education, January, 1994
"Alternative Dispute Resolution Seminar", Annual Judicial Seminar for New Jersey Family Part Judges', November, 1993, at the Marriott at Glenpointe, Teaneck, New Jersey
Speaker, "Mock Trial of a Divorce Action", Institute of Continuing Legal Education, October, 1993
"Hot Tips from the Experts -- Getting the Jump on Discovery," American Bar Association, Annual Meeting of the Section of Family Law, New York, New York, August, 1993;
"Interstate Trends: The Federalization of Family Law," Institute of Continuing Legal Education, June, 1993;
"New Developments in Child Custody Law," Annual Family Law Symposium, Institute of Continuing Legal Education, January, 1993;
"Recent Developments in Family Law October 1991 - November, 1992" presented to the New Jersey Family Part Judges at the Annual
Judicial Seminar for New Jersey Judges, November, 1992, at the Marriott at Glenpointe, Teaneck, New Jersey
"Hot Tips from the Experts -- Empowering Clients," American Bar Association Annual Meeting of the Section of Family Law, Chicago, Illinois, August, 1990;
"Preparing and Defending the Support Modification Application," Annual Family Law Symposium, Institute of Continuing Legal Education, January, 1990;
ORGANIZATIONS AND POSITIONS
Chair of the New Jersey Supreme Court Family Part Practice Committee, Sub-committee on Custody and Parenting, 2004-2006
Chair of the New Jersey Supreme Court Family Part Practice Committee, Sub-committee on Custody and Parenting, 2002-2004
Co-chair of the New Jersey Supreme Court Family Part Practice Committee, Sub-committee on Custody and Parenting, 2000-2002
Member, New Jersey Supreme Court Committee on Family Part Practice, 1987-88; 1988-90; 1993-96; 2000-2002.
Master, New Jersey Family Law Inns of Court, 1996-1998. Senior Editor, New Jersey Family Lawyer, 1990-.
Legislative Liaison for the New Jersey State Bar Association, Family Law Section, 1985-86; 1988-90.
Legislative Editor, New Jersey Family Lawyer, 1986-87, 1988. Special Projects Editor, New Jersey Family Lawyer, 1985-86.
Member, Executive Committee, Family Law Section of New Jersey State Bar Association, 1984--.
Member, American Bar Association, Family Law and Litigation Sections; The Association of Trial Lawyers of America; New Jersey Bar Association; Family Law Section; Bergen and Essex County Bar Associations.
Editor, Rutgers Law Review, Rutgers University School of Law, Newark, New Jersey, 1971-72. EDUCATION
J.D., Rutgers University School of Law, Newark, New Jersey, 1972. MA, Political Science, Brown University, Providence, Rhode Island, 1968. BA, Political Science, Brown University, Providence, Rhode Island, 1965.
LAW FIRM AFFILIATIONS Partner, Finnerty & Sherwood, P.C. 2002-
Partner, Finnerty, LaRocca & Sherwood, P.C. 1999-2002 Partner, Finnerty & LaRocca, P.C., 1998-1999
Law Offices/John E. Finnerty, 1980-1988
Freeman, Friedman, Wilson and Carney, 1977-80. Lieb, Wolf and Samson, 1976-77.
Hannoch, Weisman, Stern and Besser, 1973-75.
Law Secretary, Honorable Nathan L. Jacobs, Associate Justice, New Jersey Supreme Court, 1972-73.
PRE-LAW EMPLOYMENT
