Supreme Court clarifies standard of review on family court appeals (and the Stoney appeal may never end)

Posted Wednesday, April 18th, 2018 by Gregory Forman
Filed under Appellate Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of

Attorney-client privilege’s crime-fraud exception in family court

Posted Monday, April 16th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys

The recent FBI search of the records of Michael Cohen, President Trump’s attorney, has raised issues of attorney-client privilege and the crime-fraud exception to that

Supreme Court issues slightly modified opinion in Ex-Parte: Carter

Posted Wednesday, April 11th, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter, 422 S.C. 623, 813 S.E.2d

Supreme Court authorizes collateral attack on adoption due to significant procedural irregularities

Posted Wednesday, March 21st, 2018 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B. the opinion discussed below was subsequently slightly modified. See Supreme Court issues slightly modified opinion in Ex-Parte: Carter. The phrase Kafkaesque is an overused cliche

The only two goals of responding to discovery

Posted Saturday, March 10th, 2018 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 common bad practices of responding to discovery. One often sees responses that are incomplete and only partially respond to the request. The rules

Materials from preparing for family court temporary hearing lecture

Posted Friday, March 2nd, 2018 by Gregory Forman
Filed under Continuing Legal Education, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

The following is the outline for a presentation Elizabeth Stringer, Karen Fine, and I presented at the Charleston School of Law on January 12, 2018. 

Supreme Court clarifies when email notice is proper notice

Posted Wednesday, February 28th, 2018 by Gregory Forman
Filed under Appellate Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In 2015, when the Court of Appeals, in the case of Wells Fargo Bank, N.A. v. Fallon Properties, SC, LLC, 413 S.C. 642, 776 S.E.2d

Should side jobs lead to increased support obligations?

Posted Tuesday, February 20th, 2018 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

One of the many fundamental unfairnesses in South Carolina’s child support system is that a payor’s increased income almost universally leads to an increase in

What’s the question(s) you fear the most?

Posted Saturday, February 17th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants

A colleague, after watching a recent presentation I did on trial preparation, emailed me his appreciation. Part of his comment, “My favorite nugget: ask my

The (un)likeable lawyer

Posted Thursday, February 15th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Law Attorneys

Recently I took over representation in a divorce case from a younger, less-experienced attorney. That attorney sought my advice on what I thought she should

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