Archive for the ‘Not South Carolina Specific’ Category

Locking the barn doors after the horse has escaped

There are a half dozen critical moments in each family court case when having an experienced attorney is critical: motions for temporary relief; contempt actions; mediation; when trial is scheduled; trial; and when post-trial motions are due. A motion for temporary relief is often outcome determinative. The party obtaining favorable results can likely keep those […]

Betting on an estranged spouse’s untimely demise

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few years of the divorce. The few times this happened there were obvious warning signs: either a history of serious mental illness including suicidal ideations, or addiction to dangerous narcotics–typically opiates. […]

(Unwittingly) Coaching the children

To most people “coaching” children in the context of custody and visitation cases is telling a child to lie to the judge (or the guardian, or a mental health professional/forensic evaluator) about that party’s or the other parent’s behavior. Two classic (but overstated) examples are telling kids to lie about sexual or physical abuse in […]

A convoluted (legal) career path

November 18th marked the 23rd anniversary of my opening my solo practice. Over the past decade I’ve had the opportunity to formally and informally mentor a number of newly licensed attorneys. Every such attorney has been justifiably nervous about their decision to pursue a legal career and their ability to turn a law degree into […]

Not all cases need to settle

A few weeks ago one of my cases was mediated by a retired family court judge. It began with the her talking privately to me and the other attorney. In the previous months opposing counsel and I had tried two cases to verdict. I mentioned that to our mediator, who replied that she thought, “more […]

Like blind men boxing

I often suggest to newly licensed attorneys wanting to learn how to practice a particular area of law that they go to the courthouse and observe a variety of cases within that field of law. While to practice in court without a supervising attorney merely requires an attorney to observe one family court trial, attorney’s […]

Where should one enforce a support order when the obligor resides elsewhere?

A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable ways of resolving the matter. One option is to enforce the order in the issuing state and, if necessary, register the resulting enforcement order in the obligor’s state of residence. […]

Is it really better to beg forgiveness than ask permission?

Early in my career one of my most trusted mentors would counsel me when I asked her about filing a motion or complaint in the family court before having my client take an action that I thought might upset the opposing party: “it is better to beg forgiveness than ask permission”. Google that phrase and […]