Archive for August, 2011
Federal judges have it made. They can say what’s really on their minds without fear of an inflamed bar, or elective repercussions, or the judicial performance commission. As Exhibit A, I offer this court order from a Texas federal district court in a discovery dispute: As I’ve said here before, some judges have no patience [ READ MORE ]
The MSB is asking for comments on some fairly sweeping proposed changes to the disciplinary rules. You can click on this link to comment. Unfortunately, you will need to read paragraph by paragraph, comparing your current rules, because there is no redline/italicized version. For that reason, I haven’t had the time to go through the [ READ MORE ]
The Clarion Ledger reported on August 25, 2011, that Mississippi’s divorce rates are among the highest in the nation. You can read the article here. The findings come from the Census Bureau’s “Marital Events of Americans: 2009,” which was released this week. The article did not explain why the conclusions are based on data two years [ READ MORE ]
“I am sorry to say that there is too much point to the wisecrack that life is extinct on other planets because their scientists were more advanced than ours.” – John F. Kennedy “Technology is a sprinter; the Law is a marathon runner.” – A.K.T. Rex “For a list of all the ways technology has failed [ READ MORE ]
It’s the end of a grueling three-day custody trial. The judge has recessed and will render a bench opinion at the end of the recess. You and opposing counsel are tired of the case, of fussing with each other, of the judge, of being out of the office, and of dealing with the clients. The [ READ MORE ]
It is almost a platitude of Mississippi law that, “Courts may divide marital assets between divorcing spouses in a fair and equitable manner — equal division is not required.” Bell, Mississippi Family Law, § 6.01[4]. The sticking point is where to draw the line between “fair and equitable” and “equal.” The appellate decisions come in all [ READ MORE ]
You are representing your client in an irreconcilable differences divorce, and the long-awaited PSA has arrived in the mail from counsel opposite. Here are the provisions dealing with custody: (g) So as to insure a fit and proper environment for the rearing of the minor children, the parties agree that in the event there is [ READ MORE ]
Emancipation occurs when a child has attained a status in which he or she is no longer entitled to parental support and control. The law of emancipation has undergone many changes in the last few decades. MCA § 93-11-65 (8) now sets out the statutory bases for an adjudication of emancipation. There are two categories of [ READ MORE ]
“What’s in a name? That which we call a rose By any other name would smell as sweet.” – Romeo and Juliet (II, ii, 1-2) Mississippi chancery courts have jurisdiction pursuant to MCA § 93-17-1 ” … upon the petition of any person to alter the name of such person … “ As you can [ READ MORE ]
Lawyers are all over the ballpark when it comes to the UCCJEA allegations required by MCA § 93-27-209. Some still use the old and now-repealed UCCJA provisions that have apparently fossilized in their computers. Some omit them entirely. Some use a hybrid. And some even plead the proper provisions. What happens when you fail to plead the [ READ MORE ]
Get every new post delivered to your Inbox.
Join 37 other followers
