Allegations and records determine outcomes

Posted Sunday, November 12th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I suspect the concurrence new Supreme Court Justice Ketanji Brown Jackson authored in the case of Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023)

The danger of sandbagging witness lists and trial exhibits in discovery responses

Posted Saturday, November 11th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The four standard interrogatories that are relevant to family court are basically questions about witnesses, expert witnesses, and trial exhibits.  Any initial request for production

Using the opposing party’s deposition in court

Posted Friday, November 10th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There are a number of reasons to take an opposing party’s deposition prior to trial.  Such depositions can limit what the other party can credibly

The hierarchy of witnesses for custody trials

Posted Thursday, October 26th, 2023 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

Attempting to give guidance to various clients indicated a need for me to explain the hierarchy of witnesses for custody trials.  As I have noted

Visitation cases mandate a narrower focus than custody cases

Posted Friday, October 6th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation

Not all litigation over time with a child is actually a battle over physical custody of that child.  A subset of “custody” litigation involves only

Deposition goals differ from trial testimony goals

Posted Wednesday, September 27th, 2023 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined

Court of Appeals essentially affirms family court on child support and attorney’s fees

Posted Tuesday, September 19th, 2023 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

I’ve delayed blogging on the August 30, 2023, Court of Appeals opinion in Brantley v. Brantley 441 S.C. 284, 893 S.E.2d 349 (Ct.App. 2023), until

Once a client accuses an attorney of lacking integrity, continued representation is problematic

Posted Thursday, September 14th, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Every attorney encounters an occasional client who will claim that attorney is acting unethically.  Often the claim is lacking loyalty to the client’s cause.  Sometimes

Court of Appeals reverses family court and grants Wife relief from her contempt petition despite not finding Husband in contempt

Posted Thursday, August 24th, 2023 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the August 23, 2023 opinion in Moore v. Smith, 441 S.C. 261, 892 S.E.2d 552 (Ct.App. 2023), the Court of Appeals reversed the family

Court of Appeals affirms denial of retired husband’s alimony reduction request

Posted Wednesday, July 26th, 2023 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the July 26, 2023, Court of Appeals opinion in Downing v. Downing, 440 S.C. 322, 891 S.E.2d 375 (Ct. App. 2023), the Court of

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.