10 Ways to Alienate the Judge

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no_phones.jpgJudges are particularly annoyed by lawyers (and their clients) who:

  • ignore the rules of court;
  • fail to prepare;
  • arrive late;
  • repeat themselves;
  • act rudely;
  • make frivolous arguments;
  • mislead the court;
  • argue with the judge;
  • refuse to talk settlement; and
  • request a last-minute continuance.

I can add a few from my own experience:

  • allow your cell phone to ring while in court;
  • dress inappropriately;
  • interrupt other people who are speaking;
  • chew gum while in court;
  • bring a baby or child to court; and
  • generally act belligerently without proper decorum.

Source: “Sure-Fire Ways to Alienate the Trial Judge”, Excerpted from Convincing the Judge: Practical Advice for Litigators , by Cecil C. Kuhne III


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Be Sure to Pull Your Free Credit Report

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creport.jpgAs part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.

The liability for an individual account lies with the person whose name is on the account (presumably the person who opened it). A shared or co-debtor account allows the credit card company to go after either or both parties on the account. An authorized user situation creates a more complicated scenario. The credit card company cannot attempt to collect payments from a mere authorized user. Their recourse for collection is against the individual whose name is on the account so long as the authorized user did not sign the application or give their social security number to the credit card company. But it is important to know that the credit card companies will still report the payment history … Read More... “Be Sure to Pull Your Free Credit Report”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2

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In part 2, Attorney Anne Shale lists four more functions of a Guardian ad Litem in the State of Ohio including her conclusion.

Who pays for the services of the Guardian ad Litem?

The Court has great discretion in determining which party shall pay for the services of a Guardian ad Litem. In many instances, the Court will initially direct each party to pay for one half of the Guardian ad Litem’s fees. Depending upon the recommendations of the Guardian ad Litem, the Court may reserve the right to reallocate or reapportion the payment of the fees for the Guardian ad Litem.

For example, if Mother is asserting that Father is abusive with a harmful dependence upon drugs and/or alcohol and the Guardian ad Litem finds no evidence of same with his/her investigation of the family unit, the Court may direct Mother to pay for all of the Guardian ad Litem’s fees.

What are the “usual” fees for having a Guardian ad Litem?

The “usual” fees will vary from case to case and from Court to Court so the answer is dependent upon the facts of the … Read More... “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2”

Vacationing Without the Kids? Don’t Leave Until You Have Prepared an Emergency Medical Authorization Form

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med_form.jpgI typically receive several phone calls this time of year asking me if I have a generic Emergency Medical Authorization Form that parents can complete since they are headed out of town without the kids. This panicked call usually comes less than 24 hours before the departure time! It is very important to leave the caregiver this type of emergency authorization to be sure any necessary medical treatment will be provided to your child timely and without lots of “red tape” in your absence. So, to avoid those calls, I have attached my Emergency Medical Authorization Form to this article.  Download: .pdf | HTML

Try to relax and enjoy the time away from the kids. Happy travels!


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Father’s Day Reflections, Including Freud and Tongue Biting

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Father’s Day can be an extremely difficult one for many children. Unfortunately, thousands of children will not be with their father this Father’s Day due to many factors including divorce, death or service in the armed forces. As a result, many children don’t have the opportunity for a traditional Father’s Day.

I’d like to offer some thoughts about the importance of this day from the perspective of both a father and a practicing divorce lawyer for 30 years:

  1. Take the High Road. If it’s within your power to help a child spend some time or even talk with his or her father on Father’s Day, take the high road and make a special effort to make it happen. Across the country, thousands of children and fathers don’t have the opportunity to share their feelings with each other.
  2. Are You Too Busy to See Your Children? If you happen to be a father who lives with, or has access, to your children, realize how blessed you are to have children and don’t waste the opportunity to tell them how much you love them and how important they are
… Read More... “Father’s Day Reflections, Including Freud and Tongue Biting”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1

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What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also expected to meet with the child or children individually to determine the wishes of the child or children. If requested by either parent of the child or children, the minor child or children may be interviewed “in camera” by the appointed Judge or Magistrate with the Guardian ad … Read More... “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1”

If You Owe Back Support, Don’t Expect Your Stimulus Check

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The IRS is treating the stimulus checks as if they were tax refunds. On their website, the IRS indicates that the amount of the stimulus check will be reduced or seized if :

  • You are single and your net income tax liability is less than $600. If you file Form 1040 net income tax liability is the amount shown on Line 57, plus the amount on Line 52.
  • You are married and your net income tax liability is less than $1,200.
  • You are single and your adjusted gross income (AGI) is more than $75,000. On Form 1040, AGI is the amount on Line 37.
  • You are married filing a joint return and your AGI is more than $150,000.
  • You owe back taxes that reduced your payment.
  • You have non-tax federal debts such as unpaid student loans or child-support obligations that reduced your payment.

If the IRS is reducing or seizing your stimulus check, they are supposed to mail you a letter of explanation.

So what do you do if you and your spouse have filed a joint return and your spouse owes back child support if you … Read More... “If You Owe Back Support, Don’t Expect Your Stimulus Check”

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