Essentials of Family Law: Solo Practice University 1. Class One: Forming a family law practice 1.1. Thoughts on being a family law lawyer
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1 Essentials of Family Law: Solo Practice University 1. Class One: Forming a family law practice 1.1. Thoughts on being a family law lawyer A real lawyer trial lawyer transactional lawyer real property lawyer insurance lawyer tax lawyer Pseudo-psychologist Pseudo-accountant Pseudo-detective 1.2. What type of family lawyer are you? General practitioner working the the area of family law Certified specialist Unbundling Richard Granat - Solo Practice University - Unbundled Family Law Practice Sub-specialties 1.3. Thoughts on Practice Management Remember this is a business You need to apply business principles Edward Poll - Solo Practice University - Business Strategies for Lawyers Office Space Physical office Renting your own space, Sub-lease, Executive suite, Virtual office Stephanie L. Kimbro - Solo Practice University - Virtual Law Practice Equipping your office Telephone, Computer, The Internet, Printer, Copy machine, Scanner, Fax machine Software: Word processor, Adobe Acrobat 2. Class Two: Getting and keeping family law clients 2.1. Getting clients Developing a marketing mindset Mark Merenda - Solo Practice University - Marketing Strategies Networking Chambers of commerce, Service groups, networking clubs
2 Advertising Phone books Newspapers Website Blogs Grant Griffiths - Solo Practice University - Blog For Profit Pro bono panels Bar association lawyer referral services 2.2. The initial consultation Paid vs. free Conflict of interest check Listening to the person's story Providing overview of the family law system and process 2.3. Customer service Keeping the client happy Remember this is a service business Get them into the office right away Flood them with paper Return phone calls and s Set your outgoing message Listen, listen, listen Be empathetic Educate and advise 2.4. Getting paid Attorney-client fee agreement Retainer Billing 3. Class Three: Different family law litigation models 3.1. Traditional litigation Contested litigation 3.2. Mediation Working with a neutral 3.3. Collaborative law Agreeing to stay out of court 3.4. Private Judging A faster conclusion at a price 3.5. ADR Mediation, arbitration, settlement officer 4. Class Four: Ethics and starting the case 4.1. Ethics
3 Thoughts on being a family law lawyer Get along with your colleagues ABA and State Rules 4.2. Information, information, information Paper intake Computerized LegalEasy Identifying issues Child custody and visitation Child support Spousal support Property division Domestic violence 4.3. Where to file Jurisdiction Personal jurisdiction In rem UCCJEA State filing requirement California: 6 mos in state Venue California: 3 mos. in county 4.4. Standing Dissolution Legal separation Annulment No fault Irreconcilable differences Fault 4.5. Law and Equity The two headed judge 5. Class Five: Child custody and child visitation 5.1. Child custody Legal custody Physical custody 5.2. Child visitation Best interest of the child Visitation plans Virtual visitation 5.3. Mandatory mediation
4 Purpose Client preparation 5.4. Independent child custody evaluation Purpose Client preparation 5.5. Third parties No custody to non-parents Guardianship Visitation Troxel Grandparents Step-parents Siblings 6. Class Six: Child support and spousal support 6.1. Child Support Purpose of child support Duration How child support is calculated Add ons 6.2. Spousal Support Purpose of spousal support Temporary versus permanent How spousal support is calculated Duration 7. Class Seven: Property division 7.1. How property is handled Community property states 7.2. Marshalling the property Finding Characterizing Jointly owned or separate Disclosing 7.3. Preserving the property Automatic temporary restraining orders Notice of adverse interest Insurance companies Pension administrators Credit cards Banks and brokerages
5 7.4. Resolving the property issues Identify the process in your state Equal division Division in kind Balance sheet division Fault states Breach of fiduciary duty 7.5. Pensions, IRAs, 401(k)s Joinder Notice of adverse interest QDROS Do it yourself or farm it out Attorneys and actuarials 8. Class Eight: Discovery 8.1. Overview Start with your own client Thorough client intake Financial discovery Income Assets and debts Issue discovery Reimbursements, claims, offsets Pre-existing agreements 9. Class Nine: Procedure 9.1. Law and Equity The two headed judge 9.2. Codes, Codes, Codes Civil Code Code of Civil Procedure Family Code Rules of Court Probate Code Local Rules 9.3. Initiating the court case Document drafting Fill in the blanks or create your own Summons and complaint/petition Asserting grounds
6 Establishing jurisdiction and venue Perfecting personal jurisdiction Service of process 9.4. Responding to the lawsuit 9.5. Intermediate relief Motions and orders to show cause 9.6. Trial The light at the end of the tunnel 9.7. Evidence The Evidence Code does apply in family law 10. Class Ten: Using Experts Accountants Appraisers Real property Personal property Business Actuarials Vocational evaluators 11. Class Eleven: Software, Hardware, and Other Fun Stuff Paperless Office Adobe Acrobat Pro Windows Explorer Scan in, scan out Software Case management/practice management software On-site software: Amicus Attorney, Time Matters, Needles, Abacus Off-site software: Clio, Virtual law office Property Division Propertizer Community Property Divider Family Law Software Excel Case analysis CaseMap, NoteMap, TimeMap Mind Mapping Hardware Webcams
7 Monitors Wireless modem Notebook/laptop One Note Evernote Remote computing GoToMyPc, LogMeIn, etc GoToMeeting, etc. 12. Class Twelve: New Horizons in Family Law Domestic partnerships Same sex marriage Family formation and reproductive law Egg and sperm donation Surrogacy Theresa M. Erickson - Solo Practice University - Creating a Niche Practice in Reproductive Law Two Moms, Two Dads
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