Posts Tagged ‘Attorney-Client Relations’

Better behaving clients

Earlier this week I received what may be one of the bigger complements of my career. A fellow member of the local family court bar was discussing two recent cases we’d had against each other. In both of these cases my clients had been represented by other attorneys prior to retaining me and in one […]

The pessimistic defendant’s attorney

I suspect I lose a lot of business by projecting a pessimistic outlook when first meeting with Defendants in family law cases. While many litigants prefer the primacy of being the Plaintiff, and thereby going first, I’ve never seen a clear advantage in trial to representing the Plaintiff or the Defendant. However experience teaches that […]

A client’s tolerance for uncertainty is a consideration in settlement negotiations

There’s a theory that our modern world offers us so little exposure to pathogens that our autoimmune systems overreact to things like pollen and peanuts, causing a massive increase in allergic reactions to relatively benign substances. On a level of culture I see something similar playing out with the human ability to tolerate risk. Evolved […]

Crossing the Rubicon

Per wikipedia, during the Roman republic, the river Rubicon marked the boundary between the Roman province of Cisalpine Gaul to the north-west and Italy proper (controlled directly by Rome and its allies) to the south. Governors of Roman provinces were appointed promagistrates with imperium (roughly, “right to command”) in one or more provinces. The governor […]

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

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 privilege. Attorney-client privilege is the client’s right (and the attorney’s obligation) to shield a client’s disclosures to the attorney and that attorney’s advice to the client from exposure to others […]

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

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 client what question does he dread being asked on the stand.” That idea was indeed a “nugget” in my presentation–something I mentioned briefly without elaborating. In my own trial preparation […]

The (un)likeable lawyer

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 have done differently. Being the mentoring type, I suggested she drop by the next time she was in my neighborhood and we could discuss it. Thus we met last week […]

Getting bossy with custody clients

I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts.  While the parties’ parenting skills at the beginning of the case are relevant, their parenting skills at the end of the case can be even more relevant.  Guiding a client to change […]

 

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