Presenter(s)
Renee Goldenberg, Esq., Seventeenth Judicial Circuit of Florida
Document Type
Video
Publication Date
2-20-2015
Abstract
8:00 to 9:30am
Best Practices for Family Law Attorneys
I. Changing Society and Changing Practice
a. Paternity: Expect 50% of your cases to be a paternity: 48% Florida children born out of wedlock
b. Same sex issues: partnerships and children
c. Adults over age 50: 25% to 50%
d. Rise of Women: 2/3 initiated by women
e. Lower Income and Self Represented: Expect a self-represented party on 50% of your cases
f. Social Media and Electronics: Impact on the practice and Impact on professionalism
II. 17th Judicial Circuit
a. Unified Family Administrative Orders on website: http://www.17th.flcourts.org/index.php/rules-and-policies/unified-family-orders
b. Local Rules on website: http://www.17th.flcourts.org/index.php/rules-and-policies/localrules
c. Division Practices on Website: http://www.17th.flcourts.org/index.php/judges/unifiedfamily
d. Family Court as the Emergency Room: A.O. 2008-60-UFC Administrative Order Establishing Procedures for Family Division Emergency Matters on website: http://www.17th.flcourts.org/images/stories/17th_pdf_files/2008-60-UFC.pdf
e. Family Law Forms www.flcourts.org/gen public/family/forms rules/
III. Family Court:
a. "In Criminal Court we see bad people at their best and in Family Court we see good people at their worst."
b. Jurisdiction: dissolution of marriage, domestic violence, name change, adoption, paternity
c. Complex area of the law: involves contracts, immigration, tax, real property, corporations, agency, torts, and everything else you learn in law school: need at least three mentors
d. Self-representation (pro se)
i. 65% self-represented both sides
ii. 15% lawyer on one side of the case
iii. 20% lawyer on both sides of the case
e. KNOW YOUR JUDGE. "I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law"
IV. Lawyer as Counselor
a. Rule 4-2.1 Advisor: "In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation."
b. Emotional Dissolution of Marriage and Lawyer Selection
c. Lawyer Assessment of Case: REALITY and cost/benefit analysis
d. TRIAL IS A LAST RESORT-MEDIATION. No one wins: ONE POT
V. Procedure Before Substance
a. Lawyer as Advocate; Attorney's Fees
b. Emergencies and Triage: THEIR TRUTH / TRAUMA SKEWS PERSPECTIVE
c. Domestic Violence
d. Paternity: Many statutes public policy driven
e. Statutes, Case law, Rules
VI. List of Attachments
a. Reprint permission*
i. Emotional Stages of Divorce
ii. Administrative Order 2008-60-UFC (Establishing Procedures for Family Division Emergency Matters)
iii. Judge's Checklist for Child Emergencies
iv. Order Denying Verified Ex Parte Motion for Temporary Injunction to Prevent Removal of Minor Child Or Pick Up Order
v. Order Declining to Schedule Emergency/Urgent Hearing
vi. Judge's Checklist for Emergencies Not Involving a Child
vii. Domestic Violence Seminar Summary
viii. Domestic Violence Flow Chart
ix. Judge's Checklist for Domestic Violence
x. Uncontested Final Hearing Checklist
xi. Questions to Be Asked At Uncontested Final Hearing
xii. Default Final Judgment of Dissolution of Marriage (Imputation)
xiii. Paternity Top Ten (Now Eleven)
*The use of the reprinted materials is for educational purposes. The reprinted materials are primarily from Florida Family Law and Practice, by Judge Renee Goldenberg. Permission to reprint has been provided by JAMES PUBLISHING www.jamespublishing.com 866-72-JAMES
NSUWorks Citation
Goldenberg Renee."Law Center Plus: The New Practice of Family Law in a Rapidly Changing Society" (2015). NSU Law Seminar Series. Paper 1.
https://nsuworks.nova.edu/law_lcpseminar/1
Best Practices for Family Law Attorneys Booklet
Comments
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