Sharing Custody When Parents Don’t Share Religion

ThinkstockPhotos-164550089A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions?  Continue reading

3 (Selfish) Reasons to Draft Fair Contracts

An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include provisions that are extremely onerous to the other side? Continue reading

Incoming! 5 Ways to Prepare for Discovery Requests

Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive.  Continue reading

7 Suggestions for Your Next Voir Dire

Maybe you’ve been doing voir dire the same way for years, or maybe it’s your first time. Either way, check out these ideas for your next voir dire. Continue reading

Don’t Let Clients Push You Too Far

Yes, you have a duty to represent your client zealously. But don’t let your zeal for your client’s case trump your duty to prosecute only meritorious cases. It won’t fly to say, “My client made me do it.” Your duty to the judicial process transcends any client’s agenda. Check out a recent smackdown from a California appellate court. Continue reading

4 Defenses to Employee Defamation Claims

ThinkstockPhotos-469838082The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in the hearts of employers, but employers do have some powerful defenses to call upon. Continue reading

Perpetual Motion for the Rule Against Perpetuities

The court giveth, and the court taketh away. Continue reading

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