Effective advocacy requires an ability to explain our basic theory in 30 seconds. To understand why, see Milo Frank’s How to Get Your Point Across in 30 Seconds or Less 11 (1986): “[W]hen the time comes to make your point,…
Grandparenting after Troxel
The ABA e-Journal explains how grandparenting time laws have fared after the United States Supreme Court’s decision in Troxel. Geri L. Dreiling writes (excerpt): According to Washburn University law professor Linda Elrod, who is also the editor of the Family…
Theme & Theory
A simple overall theory is our guiding light throughout the entire trial. Steven Lubet, Modern Trial Advocacy 8 (1993), describes how to examine your case. Ask yourself: What’s so compelling about my client’s position? Write down in one paragraph the…
Rule 1
The first rule of persuasion is personal advocacy. We want the judge to believe that: (1) we know the most about this case and (2) we will not deceive the Court. See H. Stern, Trying Cases to Win (1991). James…
Doing what she knows is right
The Family Law Section held its awards banquet at the Country Club of Lansing on Wednesday, September 21, 2005. Karen S. Sendelbach of Nichols, Sacks, Slank, Sendelbach & Buiteweg, P.C. in Ann Arbor provided one of the highlights of the…
“Crashing” Views of Domestic Abuse
I recently viewed a brilliant movie on racism. Crash presented the many faces of racism through the lens of a kaleidoscope exposing the nuances and variegations. It highlighted the “To Kill A Mockingbirdâ€? type of racism. In one scene a…
Congratulations Leslie!
The State Bar of Michigan is honoring Leslie C. Curry with an Unsung Hero Award for “[exhibiting] the highest standards of practice and commitment for the benefit of others.” Leslie is the Litigation Director and a staff attorney for Western…
First comes love, then comes marriage, then comes . . .
NPR profiles marriage and the federal government’s Healthy Families Initiative with a series of stories on: Teaching Marriage to Welfare Moms (Oklahoma program for women on welfare) ‘The Four Horsemen’: Why Marriages Fail (four key problems that lead to divorce:…
Simplifying the issues
The New York TImes shows how expert witnesses can make a difference, especially as litigation becomes more complicated. Jonathan D. Glater writes (excerpt): TRIAL lawyers may be the peacocks of the courtroom, strutting before a judge or jury and making…
Corporate wives
The New York Times examines divorce and the corporate wife. Geraldine Fabrikant writes (excerpt): “Corporate spouses are less likely to be quiet and accepting of what is going on,” Mr. Nissenbaum said. “They are less willing to spend the next…
“If I can’t have you . . . “
Project Peace published the Judicial Checklist prepared by the Judicial Subcommittee of the American Bar Association’s Commission on Domestic Violence, including the following “Red Flags to Judges” (excerpt): *suicidal and/or homicidal ideation, threats or attempts *escalation in frequency and severity…
Pardons for payments
Michigan’s Child Support Amnesty Program will run from October 1, 2005, through December 31, 2005 and seeks to collect past-due support by stopping criminal or civil child support enforcement penalties during the program (excerpt): * To be eligible for the…
Parallel parenting
The ABA Family Law Section newsletter features a portion of “Parenting After Divorce” (Impact Publishers, 2000), by Philip M. Stahl, Ph.D (excerpt): There are many things that parents argue about that aren’t so important. Some of this is related to…
Moving judge or jury
On the Media tells of writer-turned-jury consultant Neal Howard. The interview touches on story telling, narrative strategies and structures, and themes. It includes this comment on the focus of the decision-maker (excerpt): People have an inherent interest in justice. Justice…
“Send this to everyone you care about”
The New York Times highlights an Illinois graduate student’s explanation for electronic chain letters. Dan Mitchell writes (excerpt): [Benjamin Gross] “says forwarding e-mails plays a vital role in constructing and maintaining modern social ties, despite the phenomenon receiving scant attention…
Love or money?
The New York Times carries an op-ed on the heterosexual revolution, in which marriage went from a mandatory economic and political institution to a voluntary love relationship. Stephanie Coontz writes (excerpt): Giving married women an independent legal existence did not…
Ability to pay, reality of expectations
Law Practice Today focuses on the fit between an attorney and a client. Dee Crocker writes (excerpt): The most important rule in getting paid is selecting clients who are willing and able to pay for your time. Otherwise, you may…
Bad guys go mild, good people go wild?
The New York Times shows the mess that sometimes flows from the family to the court and out into the parking lots. Avi Salzman writes (excerpt): Mr. Spears said he used to work on criminal cases, but rarely did those…
Egg-and-spoon races, revisited, wrecked
The BBC shows how things have changed, according to a survey by Country Life magazine (excerpt): Editor Clive Aslet said: “The only point of parents’ races, in those days, was to embarrass the parents. “Nowadays, some parents have a highly…
Nights and weekends
The Houston Chronicle shows us a man who lives in Dallas, works in Houston, handles business trials and writes about a minister having an affair (excerpt): For the past five years, when James Jordan hasn’t been handling cases as a…