Using opposing parties’ evasive discovery responses against them
February 9, 2016
Often opposing parties will respond to discovery with evasion: giving answers that respond to some, slightly different allegation; providing lengthy responses to “yes/no” questions without
February 7, 2016
In responding to discovery or pleadings, some of the responses, if accurate, will bolster the other party’s case. Clients, even (especially) sophisticated clients, often balk
Respecting the ongoing duty to supplement written discovery responses
February 5, 2016
South Carolina case law recognizes the fundamental importance of discovery to preparing a lawsuit for trial: The primary objective of discovery is to ensure that
That ship has sailed (or implicitly condoning past child abuse or neglect)
February 5, 2016
A decent subset of my custody and visitation cases have one parent raising abuse or neglect allegations that predate an agreement (whether a temporary consent
The problems in splitting children’s expenses based upon undefined “pro rata income shares”
January 8, 2016
I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”]
The difficulties relocating with children merely because the stepparent is moving
December 16, 2015
Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse
Desperation to settle makes favorable settlement more difficult
December 13, 2015
I am often confronted by clients wanting me to reach out, yet again, to a recalcitrant opposing counsel or party about settling their cases. Typically, when
Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
December 11, 2015
Any contest requires an agreement on the rules, in advance, to proceed properly. Many people have variations on Milton Bradley’s “official” Monopoly rules. When these
