Why Don't All Mediators Draft Settlement Agreements?

There are two camps of mediators: those who draft agreements and those who don’t. For those who don’t, they draft a list of settlement terms for the parties to take to their own (separate) attorneys to draft. For those who do, these fall… Read More
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A Contract by Any Other Name...Still a Contract

Many family law matters settle. Using many different settlement methods. Whatever settlement method is used, the parties need to get from a shared understanding of the settlement terms to a document confirming those terms. In many cases, this require… Read More
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Is Mediation a Substitution for Attorney Representation?

Short answer: No. More and more, I see mediation framed as a “one-stop” solution for couples who want to resolve their family matters. However, mediation is not the same as being represented by an attorney. These are two different –… Read More
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Financial Fidelity & Relationships

In a recent survey of 2000 millennials, almost two-thirds (60%) reported that a romantic partner used money to manipulate or gain power and control in a relationship and an equal amount (60%) said a romantic partner had either lied about money, or hi… Read More
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What is an Emergency?

Family clients have many urgent concerns because family cases are complicated. But is every urgent issue an emergency in the Court’s eyes? Short answer: No. What is an emergency depends both upon the Circuit Court’s case management plan a… Read More
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Maryland's Commission on Child Custody Decision Making - Legislative Standstill 3 Sessions After

In March/April 2016, I co-authored an article about the Commission and the need for a child custody statute: The Commission on Child Custody Decision Making: From Theory to Practice (note, link takes you to MSBA’s website to download the articl… Read More
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How long is too long to wait for relationship improvement?

“When it comes to marriage, or long-term monogamy, we have to take the good with the bad, the weak with the strong. But what I’m not hearing here is a clear sense that your boyfriend is troubled by the inequalities in the relationship, that h… Read More
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Limited Scope Representation & Litigation

Limited scope representation means hiring an attorney to provide services for certain, but not all, tasks. It is “a la carte” representation, choosing from a menu of options that the attorney is willing to offer. Maryland Rule 19-301.2(c)… Read More
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Limited Scope Representation & Settlement

Limited scope representation means hiring an attorney to provide services for certain, but not all, tasks. It is “a la carte” representation, choosing from a menu of options. Maryland Rule 19-301.2(c) states: An attorney may limit the sco… Read More
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Unenforceable Agreements to Agree & Family Law

In Maryland, “agreements to agree” are generally unenforceable. For a contact to exist, the terms must be “sufficiently definite”. If the parties’ terms are too undefined, a court cannot make a contract for the parties.… Read More
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