Posts Tagged ‘South Carolina Supreme Court’
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
While I’ve never considered it a gray area whether it was permissible for attorneys to have sexual relations with their domestic clients (except when representing one’s own spouse in a child custody or support case, which is merely a bad idea), some attorneys believe otherwise. On February 1, 2012, the South Carolina Supreme Court gave [...]
Tags: Rules of Professional Conduct, South Carolina Supreme Court
Posted in Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The February 1, 2012 Supreme Court decision Chisholm v. Chisholm caps decade-long litigation into the amount of attorneys fees Husband is required to pay Wife. Meanwhile, the Supreme Court’s majority opinion unwittingly implicates issue preservation concerns that might seem to require a prevailing party on appeal in the Court of Appeals to appeal a favorable [...]
Tags: Attorney's Fees, South Carolina Supreme Court
Posted in Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Saturday, January 7th, 2012 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
Two of my frequent complaints are that South Carolina family law attorneys don’t appeal enough of the decisions they believe are unjust and that the South Carolina appellate courts don’t publish enough of their family court decisions. As a result of these two factors, the development of family law in South Carolina fails to [...]
Tags: Jurisprudence, South Carolina Court of Appeals, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Monday, November 7th, 2011 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
Since attorneys go into the legal profession because they want to help people, it’s hard to tell clients that they cannot be helped. It takes an excellent lawyer-equivalent of a doctor’s bedside manner to give clients bad news without upsetting them. Too often, attorneys try to delay or sugarcoat the bearing of bad news. Today’s [...]
Tags: Rules of Professional Conduct, South Carolina Supreme Court
Posted in Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Tuesday, November 1st, 2011 by Gregory Forman
Filed under Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the [...]
Tags: Attorney's Fees, Child Support, Equitable Division/Property Division, Marital Litigation in South Carolina, Private School Tuition Support, Roy T. Stuckey, South Carolina Supreme Court
Posted in Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, October 4th, 2011 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The October 3, 2011 Supreme Court opinion in Charleston County DSS v. Marccuci reverses a family court order terminating Sean Taylor’s (Father’s) parental rights. The reversal is based, in a large part, upon a convoluted procedural history that mitigated the grounds upon which the lower court based the termination of parental rights (TPR). The procedural [...]
Tags: Jason Scott Luck, South Carolina Supreme Court, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, September 20th, 2011 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
In what is, for me, one of the most highly anticipated decisions on this year’s docket, the South Carolina Supreme Court decided on September 19, 2011 in the case of Theisen v. Theisen, 394 S.C. 434, 716 S.E.2d 271 (2011) that physical separation is a required component for bringing a separate maintenance action. For almost a decade, [...]
Tags: Jurisprudence, Separate Maintenance, South Carolina Supreme Court
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Tuesday, September 13th, 2011 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
The September 12, 2011 public reprimand issued by the South Carolina Supreme Court in In the Matter of Michael James Sarratt, 394 S.C. 209, 715 S.E.2d 337 (2011), perpetuates its opaque guidance on the proper handling of flat fees. Sarratt handled some of his work on a flat fee basis. Because he treated these fees as [...]
Tags: Attorney's Fees, Rules of Professional Conduct, South Carolina Supreme Court
Posted in Attorney's Fees, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
