Who has the burden of proof on the willfulness element of contempt?
Posted Sunday, May 21st, 2017 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for
The time to prepare for trial is long before trial
Posted Thursday, May 18th, 2017 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I’m always amazed when the court asks me if I can be ready for a multi-day trial it wishes to set a few weeks hence.
Posted Wednesday, May 17th, 2017 by Gregory Forman
Filed under Equitable Distribution/Property Division, Not South Carolina Specific, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
The United States Supreme Court rarely issues opinions addressing family law, making the May 15, 2017 opinion in Howell v. Howell blogworthy. Howell addresses an
Learn something new every day: involuntary non-suits in family court
Posted Friday, May 5th, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve long been aware that one could use Rule 41(b), SCRCP, to move to dismiss an action for failure to prosecute or as a sanction
Automatic discovery in family court–finally
Posted Monday, May 1st, 2017 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Effective today (May 1, 2017) the South Carolina Supreme Court has amended Rule 25, SCFCR, to authorize automatic discovery in family court. In 23 years
Keeping smart people from doing stupid stuff
Posted Friday, April 28th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
When I attended law school no one informed me that I would spend a substantial part of most days talking smart people out of doing
When to file and when to continue negotiating without filing
Posted Thursday, April 27th, 2017 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I had a recent consult with a woman who was gung ho to file for divorce. In discussing her situation, I could not understand her
Posted Wednesday, April 26th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
When I mentor newly licensed attorneys, one of the more important lessons I try to impart is that they should be clear about when and
Where’s the public good in “Pro bono publico”?
Posted Saturday, April 22nd, 2017 by Gregory Forman
Filed under Law and Culture, Of Interest to Family Law Attorneys, Of Interest to General Public
At some point the Latin phrase for the concept that lawyers should provide volunteer services was shortened from “pro bono publico” to simply “pro bono.”
Better to be underemployed than overemployed
Posted Friday, April 21st, 2017 by Gregory Forman
Filed under Law Practice Management, Not South Carolina Specific, Of Interest to Family Law Attorneys
There was a recent (April 18, 2017) opinion piece by David Leonhardt in the New York Times titled, “You’re Too Busy. You Need a ‘Shultz
