Visitation cases mandate a narrower focus than custody cases
October 6, 2023
Not all litigation over time with a child is actually a battle over physical custody of that child. A subset of “custody” litigation involves only
Deposition goals differ from trial testimony goals
September 27, 2023
Because deposition goals differ from trial testimony goals, deposition preparation should look different than trial testimony preparation.[i] Whereas trial testimony is intended to elicit predetermined
July 19, 2023
In the July 19, 2023, Court of Appeals opinion in Fossett v. Fossett, 440 S.C. 576, 891 S.E.2d 515 (Ct.App. 2023), the Court of Appeals
Subpoena friendly witnesses to trial
July 14, 2023
There’s a misconception that only witnesses who are reluctant to testify for one’s client should be subpoenaed to trial. Actually, I’m surprised attorneys issue trial
Don’t forget the “why” questions
March 21, 2023
I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel. These experiences
In contested custody litigation, there’s no downside to kindness
March 4, 2023
One of the quickest, easiest, and most effective “fixes” I can counsel my clients to do in contested custody litigation is to be kind to
In a dysfunctional parenting relationship, there’s better than even odds that you’re the problem
March 4, 2023
Most of my contested custody litigation, especially those requiring trial, involve parents in a dysfunctional co-parenting relationship. The inability of these parents to get along
How to better survive cross examination
February 18, 2023
Too often witnesses, especially litigants, treat cross examination as a battle of wits with the attorney questioning them. This is a mistake. The easiest way
