Blog

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper. This rapid resolution demonstrates the […]

Shameless plug for Co-Mediation CLE

My better half, Karen Klickstein-Forman, and I will be presenting on The Benefits of Co-Mediation for Family Court as part of the Mediation and Meeting Center of Charleston’s monthly breakfast. This CLE will take place on October 2, 2014 from 8:00 to 9:00 a.m. at Kitchen 208. Attendance is free and it is one hour […]

Remedies for the evasive deposition witness

Few areas of litigation practice are more frustrating than deposing an evasive, hostile or obnoxious witness. In the courtroom setting, a witness who acts these ways will be admonished by a judge to stop. If the witness continues that behavior, criminal contempt–sending the witness briefly to jail until he or she behaves–is an available sanction. […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v. Massey is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over their Son. In Massey the parents’ two […]

Checklist of questions whose answers can derail a custody or visitation case

I tried a custody case last month in which I learned a few weeks prior to trial that my client was using marijuana approximately once a month. What had previously seemed a strong case for custody no longer was. While many of the issues that can derail a South Carolina custody case seem pretty obvious, […]

Supreme Court changes Family Court 365 day benchmark administrative order

On August 27, 2014 the South Carolina Supreme Court issued an administrative order superseding the May 9, 2006 order that set the 365 day benchmark to dispose of family court cases. The new order is more detailed and provides guidance to family law attorneys and litigants. Under the new order, written requests for a final […]

Can judges stop attorneys from communicating their rulings to litigants?

I occasionally see or hear of family court judges issuing instructions for orders but asking attorneys not to reveal their ruling to their clients until the order is signed and filed. These judges’ rationale is that, until the order is entered, they reserve the right to change their ruling. I believe such requests are inappropriate. […]

Courtesy copying clients on emails

Fellow attorneys often ask me why I courtesy copy my clients on almost all emails. Evidently it is not a uniform practice. However there are three good reasons for doing so. First, it helps one comply with Rule 1.4(a), specifically Rule 1.4(a)(3), of the South Carolina Rules of Professional Conduct, which requires a lawyer to […]

Archives by Date

Archives by Category

Multiple Category Search

Search Type