Attorney Representation

“Marriage Story” – Fact or Fiction?

“Marriage Story” – Fact or Fiction?

(Or, finding the better path - a divorce lawyer's perspective.) "Marriage Story" might more accurately (though less invitingly) be titled "Divorce Story". It's a tale about the divorce experience. While that experience is unique for each couple, the film touches on...

Limited Scope Representation – How to Define the Scope of Services?

Limited Scope Representation – How to Define the Scope of Services?

Limited Scope Representation allows a client to hire an attorney to do some, but not all work, in the case.  Limited Scope Representation is a combination of attorney representation and the client's self-representation.  It is an opportunity to contain costs...

Limited Scope Representation – Is this the Right Choice for You?

Limited Scope Representation – Is this the Right Choice for You?

Limited Scope Representation allows a client to hire an attorney to do some, but not all work, in the case.  This is a combination of attorney representation and self-representation. This post focuses on litigated court cases. Before deciding if Limited Scope...

Maryland Child Custody – Attorney Representation of Children

Maryland Child Custody – Attorney Representation of Children

Maryland recognizes three types of attorneys who can be appointed to represent children in contested custody, access/visitation/parenting time, and domestic violence cases.  All of these roles require that the attorney be appointed by court order to represent the...

Why Don’t All Mediators Draft Settlement Agreements?

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 into two further camps: -...

A Contract by Any Other Name…Still a Contract

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 requires a contract, so...

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 - but complimentary - roles that when...

Limited Scope Representation & Litigation

Limited Scope Representation & Litigation

This post expands upon my previous posts on Limited Scope Representation - What Is It? and 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"...

Limited Scope Representation & Settlement

Limited Scope Representation & Settlement

This post expands upon my previous post on Limited Scope Representation. 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...

Unenforceable Agreements to Agree & Family Law

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. Rather, the court may find that there is no...

What Will Litigation Cost?

What Will Litigation Cost?

The question asked in every initial consultation when suit has been filed or when settlement seems uncertain. And, a question clients should ask throughout the attorney-client relationship. The truthful, but dissatisfying, answer: It depends. It depends upon you, the...

What Will Settlement Cost?

What Will Settlement Cost?

The question asked in every initial consultation. And, a question clients should ask throughout the attorney-client relationship. The truthful, but dissatisfying, answer: It depends. It depends upon you, the other person, the other attorney, and the complexity of your...