| Florida Family Law & Practice |
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Summary Table of Contents Chapter 1: Therapeutic Jurisprudence: New Roles for Lawyer, Judge, and Client Chapter 2: Office Management and Case Preparation Chapter 3: Screening and Taking the Case Chapter 4: Presuit Investigation and Procedures Chapter 5: Family Law Proceedings and Grounds Chapter 6: Jurisdiction and Venue Chapter 7: Summons and Service of Process Chapter 8: Pleadings Chapter 9: Emergencies and Case Management Conference Chapter 10: Domestic Violence Chapter 11: Defaults and Uncontested Hearings Chapter 12: Discovery and Use of Experts Chapter 13: Temporary Relief Chapter 14: Parental Responsibility Chapter 15: Equitable Distribution and Property Issues Chapter 16: Alimony and Support Chapter 17: Attorneys’ Fees and Costs Chapter 18: Alternative Dispute Resolution and Settlement Chapter 19: Trial and Evidence Chapter 20: Final Judgment; Rehearing; Motions Related to Judgment Chapter 21: Enforcement of Orders and Judgments |
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Chapter 1
Therapeutic Jurisprudence: I. Reality of Florida Family Law Practice A. Family Court §1:01 Creation of Family Divisions §1:02 Further Refinements §1:03 Unified Model Family Court §1:04 Principles of Unified Model Family Court: Blueprint for Systematic Change B. Satisfying Supreme Court’s Diaz Standard §1:10 What Florida Supreme Court Wants §1:11 How to Accomplish What Florida Supreme Court Wants §1:12 Interplay Between Lawyer, Client, and Judge C. Therapeutic Jurisprudence and Transactional Model §1:20 Family Lawyer Must Be Deal Maker §1:21 Transactional “Deal Maker” Analogy §1:22 Therapeutic Jurisprudence §1:23 Change in How to Conduct the Business of Family Law D. Limited Representation (Unbundled Legal Services) §1:25 Creation and Purpose §1:26 Ethics Rules Amended §1:27 Florida Family Law Rule of Procedure 12.040 II. Family Law Ethics and Professionalism A. Resources §1:30 Website §1:31 Florida Bar Ethics Hotline §1:32 Written Ethics Opinion §1:33 Published Opinions B. Lawyer-Client Relationship §1:40 A Lawyer’s Responsibilities §1:41 Family Lawyer Is More Counselor Than Advocate §1:42 Must Consider More Than Just Law §1:43 Must Refer Client to Interventions and for Advice in Other Fields §1:44 Creation of Lawyer-Client Relationship §1:45 Client Confidences and Conflicts of Interest §1:46 Duty to Tell Spouse of Client’s HIV §1:47 Former Client’s Right to Disqualify Attorney From Representing Opponent §1:48 Avoidance of Appearance of Impropriety §1:49 Do Not Represent Both Sides §1:50 Do Not Recommend Lawyers for Client’s Spouse §1:51 Sexual Conduct With Clients §1:52 Lawyer’s Responsibility for Technical and Legal Tactical Issues §1:53 Client Decides Objectives of Litigation §1:54 Avoid Suggestion of Ability to Influence Judge §1:55 Attorney Withdrawal C. Lawyer’s Communication With Client’s Spouse or Spouse’s Lawyer §1:60 Be Careful Dealing With Unrepresented Person §1:61 Do Not Let Unrepresented Person Push Your Buttons §1:62 Do Not Speak to Represented Party §1:63 Do Not Threaten Opposing Counsel With Discipline §1:64 Do Not Threaten Opposing Counsel With Criminal Prosecution §1:65 Receipt of Documents Mistakenly Sent or Produced D. Lawyer’s Relationship With Court §1:70 Reasonable Efforts to Expedite Litigation §1:71 Responsibility of Candor §1:72 Communicate Facts to Court in Motions and Pleadings, Not Letters §1:73 Diligence: Family Law Is Specialty—“Generalists” Beware E. Ethics and Attorneys’ Fees §1:80 Retainer Agreement Should Be in Writing §1:81 Excessive Fees §1:82 Results Obtained or Bonus Fees Are Not Permissible §1:83 Contingency Fees Only for Enforcement or Collection of Existing Judgments §1:84 Nonrefundable Retainer Permissible §1:85 Unit Billing Is Impermissible §1:86 Interest §1:87 Fee Disputes §1:88 Costs III. Psychological Considerations for Lawyer and Client A. Lawyer 1. Four Unconscious Lawyer Archetypes §1:100 Healer §1:101 Protector §1:102 Warrior §1:103 Broker 2. Interactions With Clients §1:110 Historic Reactions to Clients of Both Same and Opposite Genders §1:111 Counter-Transference §1:112 Interviewing Style §1:113 Negotiating Style §1:114 Influence of Personality Type §1:115 Your Psychological Proclivities: Believing Client or Becoming Client §1:116 Letting Go of Case and Client B. Client 1. General Points §1:130 Stress of Dissolution §1:131 Marital Bargain 2. Determining Client’s Motive and Intent §1:140 Look for Hidden Agenda §1:141 “I deserve everything. My spouse deserves nothing.” §1:142 Perceived Marital Bargain Violated §1:143 “I want nothing. Just get this over as fast as you can.” §1:144 Fight Over Bird and Bird Cage or $20 Flatware §1:145 “Controller” §1:146 “Victim” §1:147 “My children want to speak to you and the judge.” or “My spouse threatens to take the children.” or “My spouse doesn’t deserve to see the children or be part of their lives.” §1:148 “Here is what my spouse and I agreed to. We don’t want to fight; we just want you to type this up in a legal form.” 3. Memory Theory: Key to Explaining Perception vs. Reality §1:160 Memory Theory §1:161 Factors Affecting Memory §1:162 Memory Is Flawed 4. Emotional Stages and Psychological Process of Dissolution §1:170 Stages §1:171 Bearing of Stage on Lawyer-Client Relationship §1:172 Using Stages to Explain Other Spouse’s Behavior §1:173 Death of Marriage §1:174 Initiator or Noninitiator Chapter 2 Office Management and Case Preparation I. Services Provided by Florida Bar §2:01 Law Office Management Assistance Service (LOMAS) §2:02 Professional Experience (SCOPE) and Mentors §2:03 Ethics and Lawyer Advertising §2:04 Continuing Legal Education §2:05 Drug, Alcohol Abuse and Mental Health Program §2:06 Member Benefits §2:07 Mailing Lists §2:08 Fee Arbitration §2:09 Lawyer Referral Service §2:10 Certification II. Establishing Your Practice A. Type of Organization §2:20 Sole Practitioner §2:21 Small Firm §2:22 Large Firm §2:23 Consider Tax Consequences B. Models for Delivery of Services to Family Law Client §2:30 Minimalist Family Lawyering §2:31 Holistic Family Lawyering §2:32 Collaborative Lawyering and Cooperative Lawyering §2:33 Unbundled Legal Services §2:34 Defining Limitations or Specialties in Practice III. Office and Equipment A. Office Space §2:40 Sharing Arrangement §2:41 Location §2:42 Evaluate From Client’s Perspective §2:43 Going Paperless B. Equipment §2:50 General Considerations §2:51 Bookkeeping and Office Management §2:52 Library §2:53 Copy Machine and Facsimile Machine §2:54 Calendaring §2:55 Technology §2:56 Computer Hardware §2:57 Computer Software §2:58 Investigative Search Capabilities §2:59 Web Sites for Family Lawyers IV. Staffing and Personnel Issues A. Staff Selection Criteria §2:70 Position Descriptions §2:71 Candidate Evaluation §2:72 Staff Recommendations B. Staff Evaluation and Education §2:80 Performance Reviews §2:81 Confidentially Standards for Staff §2:82 Legal Ethics for Staff §2:83 Familiarity With Case Plan §2:84 Mail, E-Mail, Facsimile and Document Policies and Procedures C. Staff Morale §2:90 Communications §2:91 Office Closings and Staff Vacations V. Lawyer’s Personal and Professional Development A. General Points §2:100 Project Professionalism §2:101 Determine Personal Goals and Boundaries §2:102 Plan for Retirement B. Knowledge Base §2:110 Keeping Current on Law §2:111 Psychological Issues §2:112 Child Development Issues §2:113 Ancillary Issues §2:114 Shift in Language and Vocabulary C. Developing Relationships With Ancillary Professionals 1. Need for Roster of Professionals §2:120 Develop Roster §2:121 Interview Expert 2. Mental Health Professionals §2:130 Psychiatrist and Psychologist §2:131 Role of Forensic and Treating Professionals §2:132 Psychotherapist-Patient Privilege 3. Mediators and Arbitrators §2:140 Role §2:141 Certified Lawyer Mediator §2:142 Certified Therapist Mediator §2:143 Parenting Coordinator §2:144 Family Law Arbitrator §2:145 Certified Accountant Mediator 4. Accountants §2:150 In General §2:151 Accounting Subspecialties §2:152 Roles of Forensic and Practicing Accountants §2:153 Certified Divorce Analyst 5. Other Attorneys and Mentors §2:160 Attorneys in Other Fields §2:161 Mentors and Colleagues §2:162 How to Find Mentors and Colleagues D. Vacations §2:170 Timing §2:171 Length §2:172 Plan Vacation Period With Clients §2:173 Notice of Unavailability VI. Client Management §2:180 Know When to Decline Case §2:181 Limit High-Conflict Cases §2:182 Initial Client Contact §2:183 Greeting Client §2:184 Maintain Client Friendly Office §2:185 Avoid Courtroom §2:186 Rating Client §2:187 Monitoring Client Compliance VII. Fees A. General Points §2:200 Educate Client §2:201 Enlist Court’s Help at Case Management Conference §2:202 Withdraw When You Do Not Get Paid §2:203 Charge for Initial Consultation §2:204 Retainer Agreement §2:205 Have Client Execute Fee Agreement Before You Begin Work §2:206 Accept Credit Cards B. Retainers §2:210 Adopt Tiered Retainer Arrangement §2:211 Reminders of Retainer Due Dates §2:212 Keep Half of Retainer for Last Bill §2:213 Accept Retainers on Credit Cards §2:214 Offer Fees to Counsel for Nonworking Spouse §2:215 Obtain Fees From Working Spouse C. Types of Fee Agreements §2:220 Collaborative §2:221 Contingency Agreement §2:222 Fixed Sum D. Content of Fee Agreements 1. Specific Provisions §2:230 Identification of Parties §2:231 Type of Agreement §2:232 Retainer §2:233 Fees §2:234 Phone Calls at Home §2:235 Costs §2:236 Payment of Fees and Costs by Someone Other Than Client §2:237 Nature and Scope of Representation and Services to Be Rendered §2:238 Employment and Consultation With Experts §2:239 No Guarantees §2:240 Rights and Responsibilities of Lawyer and Client §2:241 Billing §2:242 Termination of Services §2:243 Fee Disputes §2:244 General Provisions §2:245 Warning Notice 2. Sample Provisions §2:250 Scope of Representation Provision §2:251 Limitation of Representation Provision §2:252 Mandatory Disclosure Provision §2:253 Tiered Retainer Amount Provisions §2:254 Additional Retainer Amounts as Needed §2:255 Additional Tiered Retainers §2:256 Billing Weekly §2:257 Vacations VIII. Billing and Collection A. Billing §2:270 Notice Regarding Mandatory Disclosures §2:271 No-Charge Items §2:272 Billing Weekly §2:273 Unit Billing §2:274 Charging Liens May Not Be Effective §2:275 Ministerial or Secretarial Acts B. Collection Problems §2:280 Avoiding Collection Problems §2:281 Alternative Resolution of Fee Disputes §2:282 Tax Advantages for Client IX. Office Procedures A. General Points §2:290 Office Manual §2:291 Standard Procedures §2:292 Trust Accounts B. Communications 1. Phone Calls §2:300 Telephone Procedures §2:301 Memos of Phone Calls 2. Written Communications: Mail, Fax, E-Mail §2:310 Incoming Communications §2:311 Tickler System and Copies §2:312 Outgoing Communications §2:313 Tickler System and Filing §2:314 Standard Procedure for Faxes §2:315 Standard Procedure for E-Mail §2:316 Filing §2:317 Case Retrieval Systems C. Lawyer’s Calendar and Daily Schedule 1. Calendar §2:330 Keep Yourself or Delegate to Staff? §2:331 Access to Calendar While Out of Office §2:332 Lawyer’s Availability to Clients After Hours 2. Block Scheduling §2:340 Definition and Purpose §2:341 Client Conferences and Drafting §2:342 Preparation Time for Hearings and Trial §2:343 Telephone Calls X. Case and Document Management A. In General §2:350 Case Management §2:351 Document Management System §2:352 Case File Organization §2:353 File Retention §2:354 Financial Document Management §2:355 Trial Deposition and Exhibit Management §2:356 Charts and Indexes B. Case and Client “Grab Files” §2:370 What They Are §2:371 What Your Staff Purchases and Prepares §2:372 Content Compiled by Staff §2:373 Compiled at Least One Day Before Any Hearing §2:374 Replenish After Every Hearing XI. Dissolution of Marriage Progress Index §2:380 Purpose §2:381 Stage 1 §2:382 Stage 2 §2:383 Stage 3 XII. Marketing Yourself and Your Practice §2:390 Client Referrals §2:391 Personal and Community Activities §2:392 Lawyer Referrals and Networking §2:393 Florida Bar Association and Local Bar Association Opportunities §2:394 Speeches §2:395 Writing Articles §2:396 Internet §2:397 Lawyer Advertising §2:398 Staff Referrals XIII. Protecting Yourself From Grievances, Suits, and Sanctions A. General Points §2:410 Good People at Their Worst §2:411 Clients Come and Go but Your Reputation Lasts Forever §2:412 Legal Malpractice §2:413 Avoiding Malpractice §2:414 Grievances §2:415 Malicious Prosecution §2:416 Other Causes of Actions §2:417 Moakley Sanctions §2:418 Sanction for Unsupported Claims §2:419 Methods for Determining Attorneys’ Fees B. Grievance Process §2:430 Expect Grievance |
