Having read today’s Supreme Court opinion, In the Matter of Michael T. Hursey, Jr., I would like to kick Mr. Hursey’s behind for his failing to defend his 1st Amendment right to free expression in his disciplinary proceeding. Prior to Hursey, I might have used a stronger term for what I’d like to do to [...]
Blog
The Citadel sexual abuse cover up(s)
I find myself in an awkward position in which my friend, Charleston Post & Courier reporter Glenn Smith, is investigating and writing about a colleague and former office mate, Citadel General Counsel, Mark C. Brandenburg. Glenn’s an outstanding reporter, investigating and breaking numerous important local stories that are too small to interest the national media. [...]
The custody witness few ever think to call
There are lots of obvious witnesses in a custody case: the child’s teachers; the child’s coaches; the child’s mental health professionals; the parents of the child’s friends; the parent’s adult child(ren). But the best witness can often be someone that few ever think to call: the parent’s ex-spouse. The nature of family court is that [...]
Defending false allegations of untimely support payments
Counseling clients to pay support by having their bank mail the support check can be a useful prophylactic for defending false claims of late payments. Most of my child support and alimony-paying clients hate paying through the courts. This hatred is completely justified. The 5% fee associated with paying support through the South Carolina clerks [...]
What They Don’t Teach Law Students: Lawyering
Interesting article in today’s New York Times, What They Don’t Teach Law Students: Lawyering, describing what’s wrong with law school methodology and how law students graduate lacking the ability to do even basic legal practice. Law firms are now taking upon themselves to teach their first year associates how to practice law. Some are even foregoing having [...]
Piling on
Did an uncontested fault divorce yesterday in which the pro se defendant failed to appear. To prove the defendant’s habitual intoxication required testimony and evidence of his extremely heavy drinking. The result was a brief, incomplete, biography of a life devolved into a tragic waste. Not quite as depressing to hear as to live through, [...]
Thank you
I opened my law practice exactly eighteen years ago today. Unlike many of the young attorneys I admire, such as Jenny Moser, T. Ryan Phillips or Anna Galle, it wasn’t a first choice but more of a last resort. I’d been unhappy in my two previous associate positions and decided not to accept a third associate [...]
Does a short marriage justify the award of rehabilitative alimony rather than permanent alimony?
Most family law attorneys and divorcing parties seem to believe a short marriage suggests an award of rehabilitative rather than permanent alimony. I’m not so sure. Next month the Court of Appeals will hear oral argument in the appeal of Karen Allen-Hines v. Franklin Hines. One of the issues on appeal is whether the family [...]