One Hundred One Plus Practical Solutions for the Family LawyerAmerican Bar Association, 2003 - 562 lappuses A collection of practical tips from prominent family lawyers offering a wealth of advice and proven techniques to enhance the family law practice. |
Saturs
CLIENT RELATIONS | 1 |
Using a Resource Counselor | 5 |
The Ten Commandments of Client Management or All You Ever Wanted to Know about Avoiding Grievances but Were Afraid to Ask | 7 |
Client Information Letter | 11 |
What Happens Emotionally in a Divorce and Why You Should Care and How Do You Know How Your Client Is Faring during the Divorce Litigati... | 25 |
Narrowing Your Clients Focus | 31 |
Put Your Client to Work | 33 |
Empowering Clients | 35 |
Dos and Donts for Premarital Agreements | 271 |
Lawyer Certifications to Prenuptial and Marital Settlement Agreements May Waive the AttorneyClient and WorkProduct Privileges | 273 |
Prenuptial Agreements and ERISA Can Your Client Waive Rights to an ERISAQualified Retirement Plan in a Prenuptial Agreement? | 277 |
TAXES | 281 |
What Can You Learn from a W2? | 285 |
Are Lawyers Fees Deductible? | 289 |
Tax Attributes Who Gets Them after a Divorce? | 291 |
Form Tax Indemnification Agreement for Economically Dependent Spouse Regarding Income Tax Returns | 295 |
Communicating with the Client | 37 |
The Importance of Keeping Your Clients Current | 41 |
Avoiding Postparting Depression | 43 |
Setting the Stage and Closing the Curtain | 45 |
Client Education | 49 |
Homework for the Client | 51 |
Dealing with the Chronically Upset Client | 55 |
SelfEsteem and the Divorce Client | 59 |
Managing the HighProfile Case | 61 |
FEES | 63 |
Charging Legal Fees Consumer Rights of Divorce Clients | 67 |
The Use of Monthly Fee Deposits and Monthly Promissory Notes and Assignments to Collect Fees | 71 |
Arbitration Clauses | 87 |
Maximizing Billable Time | 89 |
Some Tips for Collecting Counsel Fees | 91 |
Fee Applications Do Not SelfDestruct | 93 |
When Your Client Cannot Afford You | 95 |
Practical Aspects of Legal Fees in Matrimonial Cases | 97 |
Collection of Interest on Family Law Fees | 101 |
Trial Retainer Clause in Fee Agreements | 107 |
Charging Liens | 109 |
Detailed Billing | 111 |
Fee Agreement as Review Counsel | 113 |
CUSTODY | 117 |
Guardian Ad Litem Recommendations in Custody Actions A View from the Bench | 121 |
The Primary Parent Presumption Primarily Meaningless | 123 |
Advance Tips on Preventing a Child from Being Abducted Abroad | 127 |
Preparing a Lay Witness in a Custody Case | 129 |
Using Videotapes in Custody Cases to Show Positive and Typical Interactions | 131 |
Diagnosis of a Mental Disorder in a Custody Case | 133 |
Allegations of Sex Abuse in Child Custody Cases | 135 |
CrossExamining Richard Gardners Sexual Abuse Legitimacy Scale with Its Own Words | 137 |
Parenting Assessment Discovery Form for Lawyers | 141 |
How to Cut the Cord before an Interstate Custody Proceeding Is Filed | 145 |
Use of Psychologists When Screening Prospective Custody Clients | 147 |
Use of Demonstrative Evidence in Custody Cases | 149 |
Expert Testimony in Relocation Cases | 151 |
Habitual Residence Domicile within the Meaning of The Hague Convention | 153 |
The Hague Convention on the Civil Aspects of International Child Abductions | 155 |
The Clients Dealings with SocialService Agencies | 159 |
Help Your LongDistanceParent Client Stay in Touch | 161 |
What Does Troxel Mean for You? | 163 |
Everything You Wanted to Know about DrugAlcohol Screening in Five Minutes or Less | 169 |
Dont Overlook the Indian Child Welfare Act | 173 |
MALPRACTICE AVOIDANCE | 177 |
Malpractice Avoidance in Marital Tort Cases The Problem of Waiver Clauses | 179 |
Another Malpractice Trap Rears Its Ugly Head Know the Potential Environmental Liabilities before Your Client Takes the Property | 183 |
Five Malpractice Traps to Avoid in Military Cases | 187 |
Egelhoff The Supreme Court Speaks | 191 |
OFFICE PRACTICES | 195 |
Organizing the Deluge of Paper | 197 |
Maintaining an Accurate Running Record of Your Case | 199 |
Use a Computer Display for Meetings and Presentations | 201 |
Your Office Talks Listen to It | 203 |
Do Not Leave an Assault Weapon in Your Divorce File | 205 |
Using Legal Assistants as Case Managers | 215 |
Family Lawyers Short Reference List | 217 |
Making Your Conflict System Work | 219 |
How to Market Your Practice with a Personal Touch | 223 |
Using Cell Phones and EMail to Communicate Confidential Information to Clients | 225 |
DISCOVERY | 229 |
Discovery Road to Victory | 231 |
Immediate Use of Request for Admission | 233 |
Requests for and Effect of Admission | 235 |
Ten Tips toward a Better Deposition | 245 |
Dont Forget the Hidden Bonus Assets | 259 |
PREMARITAL AGREEMENTS | 263 |
Antenuptial Agreement | 265 |
Beware the Secret Lien | 301 |
Alimony Recapture Its Origins and Operation | 303 |
Property Transfers Involving Nonresident Aliens | 311 |
Joint Returns and Section 1034 A Sometimes Dangerous Journey through Tax Land | 315 |
Inexpensive Tax Information at Your Fingertips | 319 |
Waiver of the Dependency Exemption and Form 8332 | 321 |
Alimony NontambleNondeductible | 325 |
Taxation of Nonstatutory Stock Options and Deferred Compensation | 331 |
RETIREMENT PLANS | 333 |
Pension Arithmetic Made Easier Calculating the Spousal Share | 335 |
Do Not Miss the Nonqualified Deferred Compensation Plans | 339 |
A Quicker Way to Obtain Approval of Your Qualified Domestic Relations Order | 341 |
Military Issues in Divorce | 343 |
Avoiding the 10 Percent Penalty for Early Distributions from Retirement Plans | 347 |
Dealing with the Civil Service and Federal Employees Retirement Systems in Divorce | 357 |
Pensions and QDROs | 359 |
QDRO Clauses to Remember | 365 |
Using QDRO to Enforce Spousal and Child Support | 369 |
VALUATION | 377 |
Valuation | 379 |
Valuing Closely Held Corporations Some Tips for the Preliminaries | 385 |
Hedonic Values in Divorce Litigation Where and How Lawyers Can Use Them in Equitable Distribution | 389 |
Using Rules of Thumb in Valuation | 391 |
Stock Options Be AwareBeware | 395 |
SETTLEMENT | 399 |
Special Clauses for Marital Settlement Agreements | 401 |
Anticipating the Need for a Get | 405 |
Releases Think before You Leap | 407 |
Countermeasures versus an Overaggressive Opponent | 409 |
The Fable of the Courthouse Steps | 413 |
What Ifs | 415 |
Secrets of Cohabitation Agreements | 419 |
PreBankruptcy Planning for the Divorce Practitioner | 429 |
Prepare Prepare Prepare Is Not Just for Trials | 433 |
TORTS | 437 |
Domestic Torts An Ace in the Hole | 439 |
Covering Your Backside against Interspousal Tort Claims | 441 |
TRIAL TACTICS | 443 |
How to Effectively Present Your Clients Budget at Trial | 447 |
Use of a Partys Admission in a Financial Statement | 449 |
Requested Rulings Give the Judge a Guide to Your Case | 451 |
Trial Techniques Requests for Relief | 459 |
Calling Defendant as Plaintiffs First Witness | 467 |
Using Video for Trial Preparation | 469 |
Trial Strategies | 473 |
If a Picture Is Worth a Thousand Words How Many Is a Chart Worth? or How Even a Lawyer Can Make Presentation Graphics for Court | 477 |
Posttrial Brief | 483 |
The Individual Trial Files | 485 |
The Use of Deposition Summaries at Trial | 489 |
Theme of the Case A Winning Technique | 493 |
The Clients Direct Emmination The Real Challenge | 497 |
How to Draft a Persuasive Closing Argument in Five Easy Steps | 501 |
Using a Trial Notebook | 505 |
The Assisted Opening Statement | 509 |
Some Suggestions for CrossExamining Mental Health Experts | 511 |
Establishing the Foundation for Successful Appeals during Trial | 515 |
EVIDENCE | 517 |
The Best Evidence Rule | 519 |
Authenticity and Admissibility | 523 |
Offer of Proof | 525 |
AFTER THE DIVORCE | 527 |
Revocation of Continuing Guarantees | 529 |
How to Know When the Life Insurance Policy Securing Your Clients Property Settlement Agreement Will Do the Job | 533 |
How to Properly Close a File | 535 |
The Exit Interview | 539 |
About the Editor | 545 |
About the Authors | 547 |
Citi izdevumi - Skatīt visu
One Hundred and One Plus Practical Solutions for the Family Lawyer Gregg M. Herman Fragmentu skats - 1996 |
Bieži izmantoti vārdi un frāzes
Academy of Matrimonial alimony Alternate Payee American Bar Association annuity assets award Bar Association benefits bill child support claim clause client Code copy costs counsel court cross-examination custodial parent decree deposition distribution divorce documents Domestic Relations Order earnings employee ERISA evidence expert Family Law Section federal fee agreement firm former spouse health care proxy husband issues joint return judge jurisdiction Kathleen Robertson lien litigation marriage Matrimonial Lawyers mediation ment monthly offer of proof options Paperwork Reduction Act parties payments pension percent person Petitioner power of attorney practice premarital agreement prenuptial agreement prepared QDRO qualified questions recapture received request retirement rules Sandra Morgan Section of Family separate Social Security spouse's statement statute stock options tax form tax return telephone testimony tion tips tort valuation waive waiver wife witness