Blogs from our ‘Compromise and the Law’ Category

Friday, December 2nd, 2011

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

Office Manager

www.moorefamilylawMN.com

Minnesota Attorney Writes on Compromise and the Law

Monday, August 29th, 2011

COMPROMISE, LAWYERS, AND THE LAW 

Minnesota State Bar Association (MSBA)

This article is my summary of one in Bench & Bar.  Bench & Bar  is the official publication of the Minnesota State Bar Association (MSBA)   I am drawing upon an article in the August, 2011 edition  regarding compromise in Minnesota Law, written   by Martin Cole,   who is the  director of the Office of Lawyers Professional Responsibility in Minnesota.    I’d like to express my thanks to Mr. Cole and all those who made his article possible.

 The best thing I can do with the article in question is to urge you to read it yourself if you are, or about to be, involved in a legal matter with an attorney. 

Compromise and the Law in MN

Mr. Cole is in favor of compromise in the judicial system in Minnesota.  Not to compare myself to him, but so am I.  Mr. Cole points out the opposition to compromise amongst politicians.  Compromise seems to be under attack from several quarters.  He points out that going to court and fighting to the bitter end can be a costly and stressful proposition which does not necessarily lead to victory.  He adds that part of the client – lawyer relationship is “the reasonableness of the client’s position.”  That’s a good thing for an attorney’s client to bear in mind.

 You Can Fight to the Bitter End, But…

It’s not unethical or illegal for a lawyer to fight it out to the end (bitter or not) for her client.  But there are limits:  in the Minnesota legal system, which we are concerned with here, there exist various rules regarding the merit of a claim, candor, fairness, respect for the rights of others, illegal conduct, and so on.

 The article concludes with the acknowledgement that compromise is not always possible; but that it needs to be an option that is open.  Read it!

 Thomas G. Moore

Office Manager

Moore Family Law, P.A.