Archive for November, 2011
In several recent cases the COA affirmed chancellors where the trial court’s conclusions were supported by substantial evidence and were in line with the applicable law. In Love v. Love, decided November 15, 2011, the court upheld the chancellor’s award of custody to the mother, Jennifer, over the father, Aaron, in spite of Jennifer’s less-then-stellar behavior. Judge Maxwell’s opinion stated at ¶36: [ READ MORE ]
Many years ago, when I had been practicing law only a few years, my father-in-law posed this question to me: “What sets you apart from the other lawyers in your town?” His question was actually “What is it about you that makes people want to hire you instead of any of the other lawyers in [ READ MORE ]
In these unsettled economic times, it’s a fairly common phenomenon that the party who will be ordered to pay child support is working a reduced schedule, or has taken a job with a significant pay cut, or has lost employment. The paying parent wants child support set at the low rate, and the recipient parent wants [ READ MORE ]
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Lawyer 1: “You know, you really shouldn’t smoke; it’s bad for you.” Lawyer 2: “My grandmother lived to the age of 97.” Lawyer 1: “Did she smoke?” Lawyer 2: “No. She minded her own business.&#[ READ MORE ]
Every few months I try to remind lawyers about the importance of putting on proof of the factors spelled out by the appellate courts that are required to make your case. This may also come in handy for any newcomers who haven’t stumbled on prior posts on the subject. I’ve referred to it as trial [ READ MORE ]
We’ve talked here before about the proper procedure to withdraw from representing a client. It often happens that the judge signs an order letting the attorney out, and in the same order sets the case for trial. That can cause problems for the remaining attorney and client, as was the case in Turner v. Turner, [ READ MORE ]
Some lawyers like to play a cat-and-mouse game in which they go light on some proof, expecting the chancellor to fill in the blanks in their client’s favor. Sometimes that strategy fails calamitously. The latest case in point is Powell v. Powell, decided by the COA on November 8, 2011, an equitable distribution case. Sherida [ READ MORE ]
In a couple of weeks, the population of the world will pass seven billion. That’s 7,000,000,000 people on the third rock from the sun. BBC has a site where you can go, click in your birth date, and find out what number person you were on this planet. The site tells me, based on my birth [ READ MORE ]
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