Archive for the ‘Litigation Strategy’ Category

Put it in writing

Early in my career I would treat any outlandish allegation an opposing counsel would make regarding my client as serious.  Upon being informed via telephone of some wacked-out claim–my client was having sex with a German Shepherd puppy while snorting cocaine off of a 16 year old girl’s buttocks while the children were in an [...]

Calling bullsh*t on custodial parents who let the children decide their visitation

When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.”  Occasionally, and much to my frustration, the judges would sometime accept this [...]

Will the Recent Changes to the Abuse and Neglect Statute Make These Cases Harder to Settle?

I received an email from a recently licensed attorney noting a previous blog and asking whether I thought she, as the guardian ad litem in an abuse and neglect case, should be making recommendations on the merits.  This got me thinking about how the recent changes to the abuse and neglect statute, explained here, will impact [...]

How to draft a family court final order that will get sustained on appeal

This blog contains draft materials for an upcoming lecture and is a work in progress.  Suggestions and comments most appreciated.  I will probably revise this blog as comments come in. Pursuant to South Carolina Rule of Family Court 26 (a & b): An order or judgment pursuant to an adjudication in a domestic relations case [...]

What does default mean in South Carolina family court?

South Carolina Family Court Rule 17(a), appears to mitigate some of the harsher consequences under the South Carolina Rules of Civil Procedure for a failure to file a timely answer.  Therefore most family law attorneys treat default in family court as a non issue.  Perhaps we shouldn’t. South Carolina Rule of Civil Procedure 12(a), directs [...]

Why family court attorneys should know how to do appeals

There are approximately a half dozen family law attorneys in the Charleston, South Carolina area whom I consider extremely underrated.   Typically their hourly rate is in the $200 to $250 range but their work strikes me as equal, and sometimes superior, to attorneys who bill in the $300 to $400 per hour range.  What [...]

Is South Carolina family court the only place where attorneys negotiate with the expectation that judges won’t follow the law?

I negotiated the resolution of a motion for temporary relief at the courthouse on Friday.  On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not [...]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file [...]