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If you’re wondering why there’s no discussion of COVID on my site, that’s because what I’ve written on this topic appears on my firm’s – Joseph, Greenwald & Laake’s - website. Well, look no further… Here’s a quick index so you can easily get to and read about...
When it comes to where a child of separated parents lives, the child's schedule for spending time with each parent, and decision-making about a child, the guiding principle is the child's best interests. In settlement, this means the parents put the child's interests...
On December 1, 2017, Maryland Court of Special Appeals issued its opinion in Na v. Gillespie, a case involving a dispute about whether the parties had reached an agreement in mediation and whether mediation communications and documents were admissible evidence to...
I recently had the pleasure of attending a seminar about Wisconsin's update to its rules of practice for attorneys, allowing attorney mediators to draft settlement and other court documents. The rule went into effect July 1, 2017. Wisconsin Rule SCR...
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: -...
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...
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...
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...
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...
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...
This post expands upon a previous article, Customizing Your Case. Limited scope representation means hiring an attorney to provide services for certain, but not all, tasks. Maryland Rule 19-301.2(c) states: An attorney may limit the scope of the representation in...
Increasingly, divorcing couples seem inclined to take a "Do It Yourself" approach to divorce. Kitchen table negotiations between spouses. Drafting their own agreements. Representing themselves in court. Self-determination definitely contributes to a successful and...