Efficient,
Effective
Settlements and Trials
Judge Renee Goldenberg, a master of systems organization and management, has
written a procedural toolbook to address the challenges now facing Florida
family lawyers. Her 1,200-page book takes you step-by-step through:
-
Screening
cases
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Investigation
-
Emergencies
-
Discovery
-
Temporary
relief
-
Property
issues
-
Alimony
-
Child support
-
Attorneys’
fees
-
Settlement
-
Trial
-
Enforcement
Loaded with Tips and
Techniques
As a
Circuit Judge in Broward County’s Family Division, Renee Goldenberg deals
with over 4,000 dissolutions a year. That experience, coming after 12 years
as a family lawyer, means she has lots of helpful advice for practitioners.
Here are 18 tips from just a few of the book’s 21 chapters:
Protecting
Yourself
“Family
lawyers seem to receive a disproportionate number of the grievances filed.
Volunteer to be a member of a grievance committee. You will learn more than
in any seminar and be better prepared to protect yourself and practice with
professionalism.” §2:417
Screening
“You may
be surprised at the consequences of a frank discussion with a prospective
client you rank low. In addition to agreeing to pay anything you ask, the
prospective client may agree to do anything and everything you advise to
have you represent him or her. This happens more than you may imagine. Some
people seem to place a great value on what they cannot have.” §3:73
“Ask the client to think a moment and come up with the top five things the
client must have, and why. This assists in focusing the client on interests,
rather than positions. Write down the client’s answer, and the client’s
demeanor and tone of voice while he or she is responding. You now have two
lists: what the client wants (the wish list) and what the client must have
(the bottom line).”
§3:117
“Repeat
the exercise, concentrating on the spouse’s perspective. This also provides
an opportunity to minimize hostilities and potential conflict. Focus on the
principles in common on both lists; what both parties agree to, for example,
the importance of the children and their well-being. Remain silent, and wait
for a response. Focus on simple compromises to create a win-win, how both
can get what they want.”
§3:117
Proceedings
“There is
a procedure that has good success in neutralizing the bomber lawyer. Shortly
after learning the lawyer’s identity….”
§4:64
“Family court judges expect that family lawyers know the detrimental
consequences to the family by proceeding to such an evidentiary hearing and
that it will be a last resort. The better practice is to….”
§5:32
Preparation
“The
family court judge will have the factors in front of him and her and it is
easier to follow the flow of the testimony and evidence if it follows the
statutes. When questioning the parents or any other witnesses, ask the
questions in that order. When entering exhibits into evidence, enter them in
that order.” §9:223
“If the allegations are going to be terrible, anticipate this possible
outcome, and bring a grandparent or relative, not as a witness, but someone
who is willing and able to take the children temporarily. Have the person
wait outside and if the court reflects that this may be the direction the
court is being forced to take, offer that person for an open court interview
for temporary placement rather than a D.C.F. shelter.” §9:249
“Care givers, teachers, day care workers, and similar independent witnesses
who care for the child and see the child for hours each day are excellent
witnesses, but may not have personal knowledge of the events in question so
may not be relevant witnesses in the hearing. However, if the child is
exhibiting trauma in their care, requiring immediate and emergency
intervention by the court to provide for the child’s safety and protection,
they may be relevant witnesses.” §9:282
Discovery
“For a
financial affidavit listing that is glaringly out of the ordinary, use
footnotes if the information is not lengthy and endnotes if the information
is lengthy. Footnotes or endnotes answer the question and lend greater
credibility to the financial affidavit. Gone are the days of puffing,
putting double the expenses and expecting the court to grant needs of
half.” §12:26
“The case is a problem from the court=s
perspective upon the beginning of volume two. When any dissolution of
marriage case requires a second file, then things are happening that should
not happen, unless the lawyers are unnecessarily filing discovery documents
instead of just the response to request to production and mandatory
disclosure instead of just the certificate of compliance with mandatory
disclosure.” §12:97
Trial
“Take
photographs of how the documents appeared when they were delivered to you. A
picture may show the judge the disorganization and need for extra
expenditure of fees and costs necessary to put the documents in a condition
to even make a rough inventory.
When through, take pictures of the indexed, tabbed, and organized folders in
neat and organized labeled boxes.” §19:85
“Allowing the client to see the judge in action is important. Have the
client make eye contact. Watch the client for behavior and mannerisms while
in the chambers. If the client crosses his or her arms across the chest
while just observing, note how much training the client will need before
actual testimony.” §19:104
“Have a plan and a trial outline. It is unnerving to the family court judge
who is asked to allow re-cross and re-redirect because of poor preparation.
The family court judge has an outline in the statutes and case law
presumptions, burdens, factors, and mandatory findings. Work from the same
outline and create a plan. Family court judges can immediately tell if the
lawyer is prepared.” §19:02
“Keep openings and closings brief and to the point. The shadow file helps in
the organization and presentation. Often, lawyers just argue rather than
provide the outline of what the party wants and why the testimony and facts
presented will entitle the party to that relief. Present the burdens,
presumptions, and factors. List and outline what will require specific
findings. Charts and indexes help. Summaries help. Judges pay closer
attention to opening and closing argument than the lawyer realizes.”
§19:19
“Family lawyers commonly want to use charts and other demonstrative aids and
do not know how to get them into evidence. The foundation for admitting
demonstrative evidence is….” §19:156
“Do not just enter the original deposition into evidence and hand the
deposition to the family court judge. Have three copies with numbered tabs
and highlighted to specifically direct the court to only the substantial
competent evidence to enter the sought award if you do want an immediate
ruling. With the volume in family court, if you do not make the substantial
competent evidence glaring and easy to give the court confidence in an
ability to make an immediate decision, you may wait weeks or months for a
ruling.” §19:159
“A common mistake made by family lawyers is to allow an incomplete
answer or evasive answer without committing the witness to an answer. Do not
abandon the question and go on to something else. The family lawyer should
be persistent in repeating the question, and if the witness continues not to
answer, ask the court to require the witness to answer. Another technique
is….” §19:272
And dozens more.
Updated annually. ISBN
1-58012-108-X. Book Price: $129.00
K5 |
