Shouldn’t a party’s assets be a factor in “ability to pay” family court attorney’s fees?

Posted Thursday, October 25th, 2018 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

E.D.M. v. T.A.M., 307 S.C. 471, 476-77, 415 S.E.2d 812, 816 (1992) is the seminal South Carolina case in deciding whether to award a prevailing

You ain’t my only (or even final) audience: the unacknowledged revolution that Lewis and Stoney have wrought

Posted Friday, October 5th, 2018 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys

By the start of this millennium I believe I had developed a reputation for overtrying my domestic cases: that is, I was considered an attorney

The unusual distribution of bi-weekly overnights in most custody trials (or why one’s unlikely to get 50/50 custody except by agreement)

Posted Monday, August 6th, 2018 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

When I first started trying custody cases a quarter century ago, the family court was pretty uniform, and uncreative, in its awards of visitation to

Vacating court approved agreements

Posted Saturday, May 12th, 2018 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, South Carolina Specific

Most family law attorneys will occasionally get contacted by an unhappy litigant who wishes to “appeal” his or her court approved agreement. The simple answer

Three methods of reducing the impact of an unfavorable guardian ad litem report

Posted Friday, April 20th, 2018 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

The typical response of an unhappy litigant to an unfavorable guardian ad litem report is to accuse the guardian of bias. While in rare instances

The only two goals of responding to discovery

Posted Saturday, March 10th, 2018 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 common bad practices of responding to discovery. One often sees responses that are incomplete and only partially respond to the request. The rules

Materials from preparing for family court temporary hearing lecture

Posted Friday, March 2nd, 2018 by Gregory Forman
Filed under Continuing Legal Education, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

The following is the outline for a presentation Elizabeth Stringer, Karen Fine, and I presented at the Charleston School of Law on January 12, 2018. 

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

Posted Saturday, February 17th, 2018 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants

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

The time to start thinking about trial is when you start the case

Posted Thursday, February 8th, 2018 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Prospective domestic relations clients often begin their search process by determining whether they want a “negotiator” or a “litigator.” If they hope to resolve the

How automatic discovery has changed my family law practice

Posted Tuesday, November 7th, 2017 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific

It’s been six months since the South Carolina Supreme Court mandated automatic discovery in family court. I didn’t expect this rule change to change my

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