Archive for October, 2010

V.I. Lenin was wrong: The Gang of Four sell out (maybe)

One of Vladimir Ilyich Lenin’s more astute observations about capitalism was “The Capitalists will sell us the rope with which we will hang them.”  The recent agreement by British post-collegiate, post-punk band The Gang of Four[1] to license their song “Natural’s Not in It” to Microsoft to sell Kinect, its new motion sensitive controller for […]

Trial or mediation – why not let your clients decide?

From Guest Blogger, the Honorable Barry W. Knobel I recently mediated a case in which an attorney informed her client that “you can add a minimum of 2 hours for my trial preparation for every hour I spend with you at the courthouse in trial.” I remembered the caption in that classic cartoon of an attorney […]

For purposes of the “Full Faith and Credit” clause what does it mean to “fully and fairly litigate” personal jurisdiction?

N.B. Two and a half years after I lost this appeal in the Court of Appeals, I obtained a reversal, and victory, in the Supreme Court: Well it seemed obvious to me I’ve avoided blogging on the October 13, 2010 Court of Appeals opinion in Ware v. Ware, 390 S.C. 493, 702 S.E.2d 390 (Ct. App. 2010) because […]

Why mediate?

I have represented litigants in family court mediation for over a decade and been a certified family court mediator for a little over a year, slowly–more slowly than I had hoped–building a mediation practice.  At the start of cases I mediate I like to bring the litigants together and provide them a short spiel [this […]

Emancipation day

My oldest daughter, Rebecca, turns eighteen today and we are celebrating what I call “emancipation day.” When I talk to most mothers about how they felt when their first child was born they tend to describe a feeling of overwhelming joy and love.  I have felt that way often during Rebecca’s eighteen years, and felt […]

Anatomy of a family court ex-parte order

With many thanks to Robert Rosen, who has greatly shaped my thinking regarding the proper form of family court ex-parte orders, the link below contains an footnoted version of what I believe is a proper (in South Carolina) family court ex-parte order:

My sister, Gayle Forman, on being an asshole—or not

I am not the best writer in my family.  That honor clearly goes to my kid sister, Gayle Forman (the “kid” just turned 40 in June), who writes young adult novels.  Gayle’s last novel, If I Stay, was a New York Times best seller and the sequel, Where She Went, is due out in Spring […]

In equitable distribution, not all dollars are created equal

Should you retain me to handle your divorce and should equitable distribution of your assets and debts be an issue, at some point I will create an equitable distribution spreadsheet.  In this spreadsheet we will list all the marital assets and debts being divided, value each item, and apportion that valuation between you and your […]