FAMILY LAW AND THIS AND THAT
ISSUES IN FAMILY LAW
BREVITY IS THE SOUL OF WIT — AND OF WINNING YOUR LEGAL CASE
(Inspired by the article by James Podgers in the ABA Journal November 2011 issue)
One habit bothers some attorneys’ clients – the legal client wants her lawyer to include in his documents and arguments every objection, piece of evidence, every legal citation, every proof of the culpability of the opposing party and also every bit of proof, etc., upholding their own case. Some attorneys won’t do that, and they have a reason to not overburden the bench with excess paperwork and legal argumentation:
- If your best case, best legal theory and best evidence for your case don’t win over the judge, then adding other citations, theories, evidence of a lesser value won’t win either.
- Let me preface this: I’m a family law firm office manager in MN. What we see here is that the volume of paper does not determine the outcome of the case. Judges in family court really are concerned about fairness.
- The Court is busy and burdening her with excess paper to read isn’t going to make your case. State your best case, make your best argument, and let it go at that.
SOCIAL MEDIA AND FAMILY LAW
(Inspired by the article Stephanie Francis Ward in the October 2011 issue of the ABA Journal.)
Courts and Attorneys are finally beginning to use electronic media and social media. Ms. Ward can discuss the issue better than I. I’ll just add a bit of news – In Hennepin County, MN, filings of pleadings can now be done by email. (A pleading is a document that goes into the court file.) Filing by email means that court personnel no longer have to scan paper documents into the court computer system. They can simply copy or save them to the computer system. This is a welcome development, believe me! (Our family law firm practices mainly in Hennepin County,MN.)
SO YOU THINK YOU HAVE A PROBLEMATIC DIVORCE
Take a look at the divorce of Jamie McCourt and Frank McCourt. This divorce, and the accompanying fight over the Los Angeles Dodgers baseball team, has its own web site! Here it is: http://www.dodgerdivorce.com/ Frank, it seems, has given up all claim to the team, which he and Ms. McCourt owned together. Also, he has given up all hisLos Angeles homes. That’s homes, in the plural, meaning more than one. Tough. Makes you wonder what he’s keeping and what other homes where. But, I’ve got to get back to some Minnesota divorces, child custody, child support and alimony issues being worked out by people who are for the most party distinctly not millionaires. And, have a great day.
Thomas G. Moore