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

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

The best family court mediators do not have 100% settlement rates

Posted Wednesday, July 19th, 2023 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

The best family court mediators do not have 100% settlement rates. While I prefer a strong mediator—one who is willing to challenge the strengths and

Subpoena friendly witnesses to trial

Posted Friday, July 14th, 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’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial.  Actually, I’m surprised attorneys issue trial

Take the irreplaceables with you when you leave your spouse

Posted Wednesday, July 12th, 2023 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to Family Court Litigants

South Carolina does not allow actions for separate maintenance until spouses actually separate.  Thus, when an unhappy spouse who lacks fault grounds for divorce has

Clients who allow their attorneys to focus on “big picture” issues can hold down their fees

Posted Friday, June 23rd, 2023 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants

I like to think of myself as a “big picture” attorney, focusing on long- term solutions to my clients’ issues rather than addressing minor, one-time

Do you prefer pop quizzes or open book exams?

Posted Saturday, March 18th, 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

A sizable minority of my clients still prefer the telephone over email to get their questions answered.  I certainly understand the desire of dialogue to

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