Posted Wednesday, October 28th, 2009 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I am not one of those lucky souls who can speak extemporaneously in perfectly coherent paragraphs. Thus, when conducting cross-examinations, I am not surprised when
Posted Wednesday, October 28th, 2009 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 few months ago I blogged on the concept that a child’s minority only lasts for 216 months and that the number of months of
How to deal with the witness who, on cross-examination, loses the ability to answer questions
Posted Wednesday, October 28th, 2009 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
One of the things I am enjoying about mentoring newly-licensed attorneys is the opportunity to share little tips on how to deal with common litigation
Emergency hearings versus expedited hearings
Posted Friday, October 23rd, 2009 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
Unlike a number of my family law brethren, I seek few emergency hearings; unlike almost all of my family law brethren, I seek many expedited
South Carolina Supreme Court allows writ of certiorari to challenge discovery order
Posted Tuesday, September 22nd, 2009 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The September 21, 2009 Supreme Court opinion in Hollman v. Woolfson, 384 S.C. 571, 683 S.E.2d 495 (2009) approves an unusual use of a writ of certiorari:
Orange juice and toast: Creating maximum damage from partial answers in depositions
Posted Monday, September 21st, 2009 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
If I am deposing a hostile witness or opposing party, I often start with an innocuous line of questioning I call “orange juice and toast.”
How family court law on payment of attorneys fees alters negotiation strategy
Posted Monday, September 21st, 2009 by Gregory Forman
Filed under Attorney's Fees, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In a typical negotiation each party’s initial offer is the least generous offer they might hope the other party will accept. The rationale behind such
Seeking criminal contempt for denied visitation
Posted Sunday, September 20th, 2009 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
A few months ago I prosecuted a rule to show cause in which the mother had refused to let my client (her ex-husband) take the
Does procedural due process mandate testimony at family court temporary hearings in South Carolina?
Posted Thursday, August 27th, 2009 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Our Supreme Court is confused and conflicted on testimony at family court temporary hearings. Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence
The pitfalls of cursory standard interrogatory responses
Posted Tuesday, July 28th, 2009 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, South Carolina Appellate Decisions
The Court of Appeals’ decision to affirm the family court’s award of custody to the father in its July 28, 2009 opinion in Divine v.
