“May it Please the Court” should be retired: convince me I’m wrong

Posted Saturday, December 11th, 2021 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

Perhaps I skipped law school class that day but I don’t recall being taught that I should begin every oral argument by reciting, “may it

Thirty years a lawyer

Posted Friday, December 10th, 2021 by Gregory Forman
Filed under Not South Carolina Specific, Of Interest to General Public

Today marks the 30th anniversary of my admission to the Pennsylvania bar, where I practiced for nine months before moving to Charleston, South Carolina, and

Notice provisions in custody agreements

Posted Wednesday, December 1st, 2021 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and

Wiping my behind with anti-spoliation letters

Posted Friday, October 22nd, 2021 by Gregory Forman
Filed under Law Practice Management, Not South Carolina Specific, Of Interest to Family Law Attorneys

How did the proclivity for anti-spoliation letters emerge? Such letters inform opposing parties or counsel not to destroy or dispose of evidence and make varying

Subsequently discovered property provisions in equitable distribution agreements

Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed

There needs to be the final decision maker for minor children(and it almost always should be a parent)

Posted Tuesday, May 18th, 2021 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I see a number of attorneys and pro se litigants who try to finesse the issue of final decision making authority by making both parents

The Cat Lawyer has been Milkshake Ducked

Posted Sunday, February 14th, 2021 by Gregory Forman
Filed under Law and Culture, Not South Carolina Specific, Of Interest to General Public

This cultural tendency to search for everyone’s feet of clay is well captured by the 2016 Milkshake Duck meme. The meme is a reference to

All hail extracurriculars!

Posted Friday, February 12th, 2021 by Gregory Forman
Filed under Law and Culture, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public

A few weeks ago I had my first court hearing on the issue of whether a non-custodial parent should be forced to take one child

The domestic attorney’s obligations when the client wants to repudiate a not-yet-court-approved agreement that attorney helped negotiate

Posted Friday, January 22nd, 2021 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The vast majority of family court cases resolve by agreement. Typically those agreements are made outside of court. Such agreements must be reviewed and approved

The human condition is hard and domestic litigation makes it harder: see a mental health counselor

Posted Sunday, December 20th, 2020 by Gregory Forman
Filed under Not South Carolina Specific, Of Interest to Family Court Litigants

Coming of age as a Jew in the “I’m Okay; You’re Okay” culture of 1970’s Southern California, I’ve never understood the stigma over seeking mental

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