Thinking about Pareto optimization as a tool to achieve settlement

Posted Friday, November 11th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Few math majors go into law and those who do rarely go into family law.  I’m one of the rare family law attorneys who often

Rethinking my opposition to family court arbitration

Posted Saturday, October 1st, 2011 by Gregory Forman
Filed under Litigation Strategy, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

For a few years my friend and colleague, Barry W. Knobel of Knobel Mediation Services, LLC, has been encouraging me to rethink my opposition to

Maximizing the benefit of clearing your client’s name

Posted Friday, August 26th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

I sometime envision opposing counsel in highly contentious domestic litigation as a bullying gunslinger, shooting bullets at my client’s feet and demanding that my client

Blowback, specks and planks

Posted Thursday, August 25th, 2011 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Only inexperienced or unthinking family law attorneys take aggressive action against an opposing party without expecting blowback against their client.  It’s animal nature to strike

What part of don’t don’t you understand

Posted Thursday, August 25th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases.  Are

Should parents ever agree to court-ordered college support in South Carolina?

Posted Wednesday, August 24th, 2011 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Even before Webb v. Sowell, 387 S.C. 328, 692 S.E.2d 543 (2010), overruled Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979), and held

Turn the other cheek!

Posted Sunday, August 21st, 2011 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to General Public

As a Jew I don’t believe in Christ’s divinity; however, I certainly believe in his wisdom. Perhaps the wisest of Christ’s counsel: Turn the Other

Controlling the tempo of domestic litigation

Posted Saturday, August 20th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

One thing that is never taught in trial advocacy law school classes and rarely noted in continuing legal education seminars is the role of tempo

Be careful what your client vouches for

Posted Friday, August 12th, 2011 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Most attorneys know that their clients’ own affidavit(s) can be used against them at trial as an admission of a party opponent.  SCRE 801(d)(2)(A).  However,

So that’s why (s)he left

Posted Wednesday, August 10th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Continuing today’s theme of gifts from benevolent domestic litigation deities is the issue of overly vitriolic affidavits for temporary hearings in marital dissolution cases. When

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