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94 Search Results for "Family Court"

April 27, 2011

Disingenuous Lawyers

...give one simple example. We have something in civil litigation, including Family Court, called “the rules of discovery”. They can be questions under oath, called interrogatories, requests for admission, request to inspect or copy something, or even be a deposition taken in front of a court reporter. Depositions are often video’d. In family and circuit court the parties are mandated to disclose witnesses and exhibits by a certain deadline, but dis...

April 6, 2023

Judicial Ethics: America Owes Anita Hill an Apology and Clarence Thomas The Boot!

...pective? Let’s think about this: 1. A few years ago, in one of my cases, a family court judge recused herself (withdrew) because my client’s wife was her hairdresser. She knew such a relationship created an appearance the judge might be influenced in favor of the hairdresser or even inadvertently slant against her hairdresser in trying to be fair. Either way, the appearance of a conflict is there. 2. In rural settings, especially, there has to be...

January 1, 2013

2013 New Year Resolutions

...Court of Appeal. Last year we were successful in winning our appeal of the family court and circuit court in Lee v. Lee. This case is just as meritorious, so we shall see. It is definitely the little guy against “the powers that be”, which are fully arrayed against us. 15. We must continue to try to have our share of the pie in Personal Injury litigation, insurance litigation, “deliberate intent” litigation, medical malpractice, and products liabi...

September 1, 2020

The Problem of Trash, Garbage, Clutter, and Filth in Family Law

...e pets who are neglected and deprived, and livestock that’s not tended to. Family Courts see it in divorce cases, allocation of parental rights, and domestic violence. Circuit Courts see it in juvenile abuse and neglect, juvenile delinquency, and criminal cases. Teachers and social workers, doctors, and first responders, of course, are on the front line. If television and the news are to be believed, things are even worse in large cities and depri...

December 30, 2014

Low Tech Fundamentals of Running a Law Office

...s; “Burt’s top ten lists” of concerns, goals, and questions. The timeline. Family Court Forms: Financial affidavits; Blank parenting plans; Application for service of the Bureau of Child Support Enforcement (B.C.S.E.); Caretaking Functions worksheets; Equitable Distribution worksheets; Proposed Equitable Distribution Spreadsheets (prepared by the lawyer using Microsoft Excel, with the client, and submitted to the court and the other party before m...

November 1, 2010

How an Attorney Can Be a Good Adversary

...ing settlement to earn a bigger fee, even if it appears to be true. 22. In Family Court, an outcome that is fair to both sides is usually better for the children. Barring serious domestic abuse, and some drug or alcohol problems, each party deserves to be treated with dignity and to leave the Court knowing the Court carefully considered their point of view. 23. Good adversaries bill fairly, and tender detailed, itemized bills, when seeking an awar...

September 3, 2016

Self-Represented Mediation

...er-a-possible-option/ . I have also written a proposal for revision of the family court and civil mediation rules: https://hunterlawfirm.net/time-revise-mediation-wv/ Recently, I came upon another approach to the problem. I was contacted by one of two self-represented parties. Not sure whether they were court ordered or had just heard of me, and, for purposes of this article, I prefer not to know. They needed a mediator for their divorce. Each pai...

November 1, 2010

How an Attorney Can Be a Good Adversary

...ing settlement to earn a bigger fee, even if it appears to be true. 22. In Family Court, an outcome that is fair to both sides is usually better for the children. Barring serious domestic abuse, and some drug or alcohol problems, each party deserves to be treated with dignity and to leave the Court knowing the Court carefully considered their point of view. 23. Good adversaries bill fairly, and tender detailed, itemized bills, when seeking an awar...

February 15, 2018

An Example of Unbundling of Legal Services

...e’s lawyer, and to the family court. Also, gave him “The Nuts and Bolts of Family Court”: https://wp.me/p4utce-6l Gave him my “take” on his adversary, a very competent and honorable lawyer who I believe will treat him with respect. Called the lawyer, explained to his assistant the husband cannot afford to hire me, but that I had ghostwritten some of his pleadings. Told him and the client that I will look over any agreement the wife’s lawyer drafts...

April 8, 2018

Brand New WV Custody and Alimony Law

...I am on the WV State Bar Board of Governors, the Family Law Committee, the Family Court Mediation Subcommittee, the Future of the Law: Technology Committee and The WV Association for Justice Board of Governors. I did track two prior bills; one I labeled the “One Size Fits All and the C hildren Can Go to Hell” bill; the other was the one that favored, “the parent best able to involve the other parent in the life of the child”. I tried to paste the...