Archive for February, 2013
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
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A few years ago I was court appointed in a Department of Social Services abuse and neglect case as the lawyer for a twelve year old who was accusing her stepfather of sexually molesting her. Unique in my career, I was not her guardian or the lawyer for her guardian: I was her lawyer. Thus […]
Tags: Credibility, Litigation Strategy
Posted in Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | No Comments »
Posted Saturday, February 23rd, 2013 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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My colleagues frequently recount war stories in which their attempts to obtain substantive relief on a temporary basis early in the case failed while subsequent discovery uncovered evidence that might have led to a different temporary result. By then it is typically difficult if not impossible to obtain the requested relief until trial (or to […]
Tags: Discovery, Family Court Procedure, Litigation Strategy, Motions for Temporary Relief
Posted in Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Thursday, February 21st, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion. For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues. The appeal stemmed from a divorce action in a […]
Tags: Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, South Carolina Supreme Court, Transmutation
Posted in Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, February 20th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
In my almost four years of blogging about every reported South Carolina appellate decision from family court and over fifteen years of handling family law appeals, I can discern a few clear patterns on when the appellate courts will reverse an equitable distribution award. Math errors and clear mistakes of law will always lead to […]
Tags: Divorce, Equitable Distribution/Property Division, South Carolina Court of Appeals
Posted in Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Monday, February 18th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
Occasionally separated spouses in marital dissolution actions attempt to reconcile. Even though it’s bad for my business when they do so, I generally encourage reconciliation There are times when reconciliation is quite beneficial for my client. Perhaps my client was the Defendant and did not desire the separation in the first place. Or my client […]
Tags: Divorce, Litigation Strategy
Posted in Divorce and Marriage, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Tuesday, February 12th, 2013 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
8 Comments »
Unbeknownst to me until last week, on December 2, 2012 the South Carolina Supreme Court denied certiorari in the case of Moeller v. Moeller, 394 S.C. 365, 714 S.E.2d 898 (Ct. App. 2011), thus enshrining into South Carolina appellate case law one of the stupidest bases to award (heck, reverse) custody that our appellate courts […]
Tags: Child Custody, Jurisprudence
Posted in Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 8 Comments »
Posted Tuesday, February 5th, 2013 by Gregory Forman
Filed under Law and Culture, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public
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Between my work as a volunteer attorney mentor, being asked by a Philippine attorney working on a book about legal career paths to describe mine, and being asked by South Carolina Lawyer’s Weekly “what do you tell young people who are considering a career in law?,” I have spent significant time the past few weeks […]
Tags: Law School Education, New York Times
Posted in Law and Culture, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public | No Comments »
Posted Tuesday, February 5th, 2013 by Gregory Forman
Filed under Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public, Rules of Professional (Lawyer) Conduct
2 Comments »
Recently South Carolina’s Office of Disciplinary Counsel (ODC) has taken action against attorneys for their activities outside the context of actual cases if these acts are “conduct that is prejudicial to the administration of justice.” Specifically, they are trying to discipline an attorney for vile blogging. Also recently, a New York Times article discussing United […]
Tags: New York Times, Rules of Professional Conduct, Sonia Sotomayor
Posted in Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public, Rules of Professional (Lawyer) Conduct | 2 Comments »
