Archive for November, 2011

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 […]

Unpublished opinion (doesn’t) make(s) new law on application of Schedule C guidelines

Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009.  Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, […]

One hundred things I don’t know about South Carolina family law

This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer.  None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice.  I have firm opinions on the correct answer to some of […]

A cuckoo approach to progeny

From a purely pragmatic viewpoint a “successful” life for a sexually reproducing creature is merely having more than two offspring survive to reproductive age.  From this same vantage an “unsuccessful” life is simply having one or fewer offspring survive to reproductive age. Consider the many species of cuckoo birds who are “brood parasites,” laying their […]

Roesler attempts to clarify family court default

I’ve often considered writing a blog simply listing “100 things I don’t know about family law.”  The concept is that after eighteen years practicing family law–and I do mean “practice” because much of my free time is spent reading, thinking and writing about family law–there are still important issues in family law that I have […]


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