Litigation Strategy

Why family court attorneys should know how to do appeals

Posted Tuesday, July 6th, 2010 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 approximately a half dozen family law attorneys in the Charleston, South Carolina area whom I consider extremely underrated.   Typically their hourly rate

Is South Carolina family court the only place where attorneys negotiate with the expectation that judges won’t follow the law?

Posted Sunday, July 4th, 2010 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

I negotiated the resolution of a motion for temporary relief at the courthouse on Friday.  On at least three different occasions during the hour and

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

Posted Sunday, July 4th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Custody, Child Support, Equitable Distribution/Property Division, Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court

I too have read South Carolina Family Court Rule 9 (or how to piss-off a family court judge part 2)

Posted Saturday, June 26th, 2010 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

If you practice family law in South Carolina, how often has the following happened to you?: ATTORNEY: [Asks the witness a question] OPPOSING COUNSEL: Objection

A new response to “move on counsel; you’ve made your point” (or how to piss-off a family court judge part 1)

Posted Saturday, June 26th, 2010 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

Since family court proceedings are bench trials a family law attorney’s task is to convince a judge, not a jury.  Judges who feel that the

Financial declarations with an eye toward the future

Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

Posted Thursday, June 17th, 2010 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Jurisdiction, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam

Applying Family Court Rule 27 to line jump the docket on visitation enforcement

Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation

I met with a father earlier this week for a consult.  He mentioned that he had gone five months without seeing his teenage daughter and

Appearance of Counsel in Family Court

Posted Thursday, June 10th, 2010 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

One of the attorneys I am informally mentoring in family court practice came back from a domestic abuse hearing earlier this week having gotten a

Joint Custody: It’s how you ask

Posted Tuesday, June 8th, 2010 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

A lesson instilled as a child by my parents and teachers is that “it’s not just what you ask for; it’s how you ask for