Blogs from our ‘Court Opinions’ Category

SOLO FAMILY LAW PRACTICE IN MN

Friday, December 23rd, 2011

SOLO FAMILY LAW PRACTICE IN MN

LIFE IN ONE LAWYER FAMILY LAW FIRM

Hello again!  I’ve been embarrassed lately looking for a topic for this blog, to tell the truth.  I’m not a lawyer, an accomplished techie, a CPA or even a trained office manager.  So what can I contribute to the conversation on line?  Why, an inside view of a solo (one attorney) family Law practice in MN.  So, here goes!

 I’ve been reading Hennepin Lawyer, the organ of the Hennepin County Bar Association.     One article that caught my eye was Solo Practice in the 21st Century    by Maggie Green.  The article has some good basic points for attorneys:  create and live by a business plan.  Stay organized.  I’d say that means focus on a narrow area of the law where you can not only make a living and help clients but also gain in depth knowledge.

 But, anyway, back to Ms. Green.  If you are planning to employ a lawyer I think what reall matters is these words of hers:  “Do great work… and everything else will fall into place.”  This is true, true, true.  Good article if you want to see what hour solo attorney has to deal with.  I can speak from experience.  If we don’t do good work here, we don’t get the business, and word gets around we’re not good lawyers.  Word also gets around that we are worth retaining, when we do good work. 

 TECHNOLOGY AND FAMILY LAW IN MINNESOTA

Another article worth reading is Mandatory E-Filing in the Fourth Judicial DistrictThe article is by Colleeen Hillesheim with the help of Jim Skoog.  I’ll admit the article does NOT sound thrilling.  But think about this.  It means that lawyers can finally use emails to file (i.e., officially present to the court and to other attorneys) documents relevant to a particular case  — at least in Hennepin County, MN (Minneapolis); and, at least, for the family and civil courts.  Still, this is progress.  This means that our clients’ child custody, child support, alimony, divorce cases can be handled more efficiently with less time and less expense. The ease of using emails compared to printed / hard copy documents, or faxed documents, makes it well worth using emails.  Now, your lawyer and their staff can focus more on legal work and less on postage, stamps, trips to the US Post Office, and so on. 

 Finally, one more article from the legal press:

THE CRISIS GROWS:  Concerns Over Funding for State Courts Dominate the ABA Annual Meeting

 (THE ABA is the American Bar Association.).  This article is by James Podgers in the September 2011 issue of ABA Journal   I’ll just quote a few lines:

 “The nation’s economic crisis ‘has resulted in additional cuts in funding for our already underfunded state courts.’  Robinson told the House.”  [Mr. Podgers is quoting William T Robinson III].  ‘This threatens the very viability of our entire justice system in America and puts at risk the third co-equal branch of government.’”  This may sound far fetched but the vast body of civil rights and legal rights built up over centuries have, at least until recently, served to protect the average citizen.  For there to be any such protection, courts have to function.  And courts can’t function without funding.

 The 566 member House, which sets American Bar Association policy, approved a resolution calling for bar associations, lawyers, and judges to document the impact of cutbacks in judicial funding, and to create coalitions for adequate funding for the courts.

Tom Moo, Office Manager

www.moorefamilylawMN.com

 

 

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

Special Needs Children & Child Support: Part 3

Wednesday, October 12th, 2011

This is the third and final part of a three part blog discussing Child Support in divorce situations where Special Needs Children are involved. We are addressing three important questions that need to be considered when negotiating Child Support in such cases:

Can there legally be deviation from Child Support Guidelines in the case of Special Needs Children?

How should the additional costs of raising Special Needs Children be addresses within the Child Support Guidelines?

Are the guidelines and rules for the emancipation of Special Needs Child different from those for other children?

This blog briefly addresses question #3: Are the guidelines and rules for the emancipation of Special Needs Child different from those for other children?

The simple and straightforward answer is yes, they certainly are! The law is quite clear that a child emancipates once he reaches the age of majority, graduates from high school, or graduates from college. But the courts do not apply this law to special needs children. Emancipation occurs when a child moves beyond the sphere of influence and responsibility exercised by a parent, and achieves an independent status on his or her own.

The reality of life for most special needs children is that they may never move beyond their parent’s “sphere of influence”. Therefore, child support for a special needs child may continue for a very long time. A parent may be required to support a special needs child even though he may have reached the age of majority. If the special needs child is incapable of maintaining himself due to their illness or disorder, most judges will not declare the child emancipated.

Consider the Future Care of a Special Needs Child When Divorcing MN

Friday, September 30th, 2011

A Minnesota appeals court ruling demonstrates the painful intersection of planning for children with special needs and divorce law.

When a Minnesota couple divorced in 2001, the husband was ordered to pay child support of $2,000 per month for the care of their disabled adult child. Eight years after the divorce the adult child moved into a group home costing $6,500 per month. The mother put the $2,000 per month child support toward the group home cost and the county’s medical assistance program made up the balance of the $6,500 per month.

It was at this point that the adult child’s father petitioned the court to end his $2,000 per month child support payments based on a change in circumstances. He claimed the money was no longer needed since the did not live with the mother and the state would pay the expenses in the child no longer receive child support.

The court denied the father’s request. He appealed to the Minnesota Court of Appeals, who upheld the lower court’s decision, saying that the father did not demonstrate a substantial change in circumstances, despite the child’s change of residence. The court cited a previous case dealing with a similar issue, stating, “this court noted that because ‘the primary obligation of support of a child should fall on parents rather than the public,’ it is inappropriate to terminate a support obligation on the ground that the obligee now receives public assistance.”

This case illustrates the importance of carefully thinking through the future care of a child with special needs during a divorce.

Can You Sue an Airline?

Friday, August 26th, 2011

Travel Law and You

Recently I discovered the web site Groundlesspossibilities – Travelling the world on an every-person budget.

Groundless Possibilities just published an article entitled “Can You Sue and Airline?”   Good to know, these days!.   This being vacation season, read and enjoy!

Thomas Moore

Office Manager

Moore Family Law, P.A.

Changes Coming in the Courts?

Sunday, August 7th, 2011

Proposed Changes in the Courts

An article in the June 2011 American Bar Association’s publication ABA Journal,    is worth examining if you are, or might be, involved in a serious matter before a court.  The article, by James Podgers, can be found at “Sustaining Justice“.    Mr. Podgers has gathered ten experts who tell us “how courts can do more with less.”  While these are only ideas at this point, they provide some insight on how some academics, lawyers, and other see the future of law in the United States.  Briefly the ideas are as follows: 

1.         Intercept Federal Tax Refunds

Intercept Federal tax refunds from individuals who are owed money for court costs, fines, etc.  The money would be diverted from the taxpayer to the courts.  Arizona already does this and Rep. Erik Paulsen R-MN, has introduced H.R.14161 into Congress to create a federal tax intercept program. 

2.         The Bar Must Speak For The Courts. 

The courts can’t lobby much for themselves under the division of powers principles in the Constitution.  But, legal organizations such as the various Bar associations could do so.

 3.         Courts Must Do More to Justify Budget Requests

This applies to state legislatures.  Among other things, this idea would “articulate guidelines to help the courts provide quality judicial services in an efficient manner.”

 4.       Centralized Intake Centers

  Individuals going to courts would have the option to first talk or meet with trained legal professionals to discuss the legal issues and develop information on how best to proceed.  In most jurisdictions, court staff is not permitted to give legal advice but this change would help people who can use a little advice without retaining an attorney.  Minnesota, however, already has a self help center  .

5.         Relax Rules on UPL (Unauthorized Practice of Law)

This idea would allow non-lawyers to give specific legal advice. Providers of online legal services, such as LegalZoom  and JustAnswer  are affected by the rules against UPL.  LegalZoom does not offer legal advice on specific matters but it does sell legal documents for the individual to fill in and submit to the courts. JustAnswer has lawyers who answer questions online, but can only give general answers.  They can’t advise you directly about your specific case.

This is a contentious area for attorneys and courts alike. The State of Missouri recently sued one legal advice site for  the unauthorized practice of law.

6.        Simplify Legal Procedures

 This should be self-explanatory!

7.       E-Filing

 As one who spends hours daily processing paper documents in a family law office, I can only say, “What a great idea!”  Attorneys and the courts would allow much more documentation by email, file exchanges, cloud computing, etc., than it does now.           

8.        End the War on Drugs

This would produce, by some calculations, $41 billion to $88 billion a year for governments to use for other purposes – including funding the courts.

 9.       Emphasize Procedural Fairness 

Trust me; court procedures can be mystifying at times.  The point of this idea is to make sure that litigants before the courts understand what is gong on and that the courts make the effort to use procedures that are, and appear to be, fair.

10.       Let Attorneys Advise Self-Helpers

 Those who act as their own lawyers (who act “pro se”)  should be able to get a little extra advice from lawyers on certain cases; and the lawyer giving this advice would not have to undergo a conflicts check.  There would be no attorney-client relationship, which may sound no big deal, but this alone would save time and effort now needed to establish, legally deny having, or end an attorney-client relationship.

I’m not endorsing or opposing any of these ideas here — just putting them out there.  I hope you find them interesting. 

Thomas Moore

Office Manager

Moore Family Law

www.moorefamilylawMN.com

PIT BULL LAWYERS AND GHENGHIS KHAN ATTORNEYS IN THE MINNESOTA COURTS

Tuesday, July 12th, 2011

Pit Bull Lawyers and – Not! In Minnesota Courts

This blog is drawn from an article by Hon. Jay Quam, a District Court judge in Hennepin County, MN, published in the Minnesota Bench & Bar April 7, 2011.   You can find judge Quam’s article here:

Adversarial Advocacy in the Legal Field:  Too Much Adversity Can Hurt You

I have often cited judge Jay Quam in this blog.  He’s well worth reading!  In his article, he draws attention to “Genghis Khan” attorneys, those usually referred to as “pit bull lawyers.”  He argues that “By staying above the fray, you will put yourself in a position to win your case.”  He’s talking about attorneys but I think his words apply to legal clients too.

To summarize:  I personally found Judge Quam’s article helpful in summarizing the major problems with the ‘pit bull / junkyard dog / Genghis Khan’ lawyer or client

They take unsupportable positions that require time and effort to sort through.  They exaggerate facts and the law.  They omit telling important parts of the case.   They hide the fact that actually, they may be pretty good guys when not in attorney mode.  They create a fog of confusion that has to be cleared.

Tom Moore

Office Manager

Moore Family Law

MN Supreme Court and Appellate Court Recent Opinions

Tuesday, July 12th, 2011

Minnesota Supreme Court and Minnesota Court of Appeals Most Recent Opinions

The MN Supreme Court publishes its opinions every Tuesday.  Click link below to see them for their latest opinions.

MN Supreme Court Recent Opinions

The Minnesota appellate courts also publish their opinions on Tuesdays.  Click on the link below for the latest opinions.

MN Court of Appeals Opinions

Tom Moore, office manager

Moore Family Law

Divorce, Children, Passports, Abduction and Travel Abroad

Wednesday, June 8th, 2011

Divorce, Children, Passports, and Travel Overseas

In order to travel outside the United States with your child, you need a passport not only for yourself, but for your child.   If you are divorced and you have joint legal custody of your child, both parents must consent to the issuance of a passport.   This can be a problem if you do not have a good relationship with your ex, and you want to go on vacation with your child outside the United States.

 However, the parental consent requirements are designed to protect your child from parental kidnapping.  If you have reason to believe that your spouse is attempting to obtain a passport in your child’s name without your consent, you can enroll your child in the Children’s Passport Issuance Alert Program.  By enrolling in this program, you will be notified if someone attempts to obtain a passport in your child’s name.  For more information, see:  http://travel.state.gov/abduction/prevention/passportissuance/passportissuance_554.html.

Jennifer Moore

MooreFamilyLawMN.com

Judges are Human Too – Even in Family Court

Monday, April 18th, 2011

Judges Are Human Too – Even in Family Law Court in MN

 Here’s an interesting tidbit, written by a family law court judge and brought to my attention by my wife (who is a Family Law Attorney and also my boss.)  She found it at Lunch & Judicial Decision-Making in the Minnesota Family Law Issues blog 

 Our thanks to Judge Steve Halsey of the Wright County District Court in MN.

 Tom Moore 

–Moore Family Law–