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How do you depublish an opinion?

Twice in the past 1 ½ months the South Carolina Supreme Court has ordered that a published South Carolina Court of Appeals opinion be depublished. First, on February 20, 2015, it denied certiorari in State v. Mimms, 410 S.C. 32, 763 S.E.2d 46 (Ct. App. 2014) but ordered that the opinion be depublished. Then, on […]

Visitation schedules for firefighters (or anyone who works 24-hours on/48-hours off)

One can always tell when an attorney has failed to really focus on his or her client when a parent who works a 24-hours on/48-hours off work schedule ends up with an every-other-weekend visitation schedule. Such visitation schedules doom such workers to parenting failure. The every-other-weekend visitation schedule is predicated on the idea that both […]

The drawback of preventing non-parties from attending mediations

ADR Rule 5(d) states that “ADR [Alternative Dispute Resolution] conferences are private. Other persons may attend only with the permission of the parties, their attorneys and the mediator.” In family court mediations, parties will often want their non-party family members to attend the mediation. Typically, this will be step-parents [for custody mediations] or parents [for […]

Discovery for defending domestic violence allegations in family court cases

Allegations of domestic violence in family court cases are often akin to shock grenades: intend to knock the other party back and on the defensive. When these allegations are accompanied by substantial corroborating evidence, they can have significant impacts on custody and alimony rulings.  Because most domestic violence occurs in private, the court’s determination of […]

Orders of paternity

One area where law and culture are not congruent is the issue of paternity for children born out of wedlock. In many cases the parents of such children “know” who the father is and act accordingly (know is in quotes because sometimes the putative father’s understanding of his paternity is not accurate). For children born […]

Refiled opinion in Srivastava makes revisions to equitable distribution ruling

On February 25, 2015 the South Carolina Court of Appeals refiled its opinion in Srivastava v. Srivastava. While the refiled opinion makes minor languages changes to the rationales on issues of child support, attorney’s fees, and condonation/adultery, the major revision was made to its equitable distribution award. In the original December 23, 2014 opinion the […]

The dangers of dating before divorce (or before a final order of separate maintenance)

People coming out of an unhappy marriage are often eager to begin dating. Yet there are risks in dating before one is divorced.  My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date […]

How solo attorneys can work fewer hours, make more money, and have greater job satisfaction

When I talk to law students or young attorneys about law office management, I often show them the following formula as a method of getting them to think about structuring their practice: Income = hourly rate x hours billed per week x weeks worked per year x percentage of billing collected x (1-percentage of overhead) […]

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