November 2013

November 22nd, 2013

The potential domestic client who wants the attorney to work on promise of payment

The combination of the front loaded nature of contested family court cases (i.e., preparing for motions for temporary relief) and the general reluctance of attorneys to sue clients for fees means that experienced family law attorneys generally require significant up-front retainers before beginning representation.  However many (most?) folks who needs family court attorneys have limited […]

Read More

November 22nd, 2013

Reserving alimony when there’s military retirement

One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.  South Carolina law treats military retirement as marital property. Tiffault v. Tiffault, 303 S.C. 391, 401 S.E.2d 157 (1991).  However a United States Supreme Court opinion forbids state courts from […]

Read More

November 7th, 2013

Script for the beginning of each deposition

There’s a routine set of questions I ask at the beginning of every deposition.  I suspect that script would be useful for new attorneys and pro se litigants.  The reasoning for each line of questioning is indented below the question(s). • Could you please state your full name for the record? You want to establish […]

Read More