1 Introduction to Family Law Practice

What is Family Law? Family law is the body of law that deals with marriage, divorce, custody, adoption, support, paternity, and other domestic relations issues including matters related to non-marital couples and family units.

Characteristics of Contemporary Family Law—The Process What are some of the characteristics of contemporary family law as it has evolved over the past five decades? The Process: Increased focus on negotiation and alternative methods of dispute resolution (ADR) Decrease in litigation Increase in pro se proceedings

Characteristics of Contemporary Family Law—The Process What are some of the characteristics of contemporary family law as it has evolved over the past five decades? The Process: Gender stereotypes largely abandoned Introduction of no-fault divorce in the 1970s

Characteristics of Contemporary Family Law—The Process What are some of the characteristics of contemporary family law as it has evolved over the past five decades? The Process: Decreased focus on marital fault in spousal support and property division contexts Increase of federal involvement in some areas of substantive family law such as child support

Characteristics of Contemporary Family Law—The Parties Increase in divorce and cohabitation Increase in autonomy for individuals to negotiate their own terms in agreements Premarital, cohabitation, separation Recognition of marriage as a partnership with economic and noneconomic contributions made by spouses

Characteristics of Contemporary Family Law—The Parties Recognition of equal rights to custody if fit parents Increase in custodial rights for third parties Shift to alimony as gender neutral Expansion of definition of "family"

Characteristics of Contemporary Family Law—The Parties Recognition of same-sex relationships in a number of forms Increase in use of Assisted Reproductive Technology (ART)

How Has Technology Impacted the Practice of Family Law? Technology has changed ways in which law firms create, obtain, store and retrieve information. The paperless office looms on the horizon. Digitally stored data has proved to be more convenient, accessible, compact, and transportable.

How Has Technology Impacted the Practice of Family Law? Members of the family law team must be aware of advantages and disadvantages of technology. Several courts manage dockets electronically and permit electronic filing. Electronic data is discoverable. Parties are obligated to maintain electronic data.

How Has Technology Impacted the Practice of Family Law? Computer forensics experts are used more often. Software products are available to manage all aspects of office management. Office websites are a key component of marketing a firm. Forms, statutes, and cases are now available online.

How Has Technology Impacted the Practice of Family Law? PowerPoint presentations may be used during negotiations, hearings and trials. Email is replacing snail mail to some extent and related policies need to be established and observed.

What Is a Paralegal or Legal Assistant? A paralegal or legal assistant is a person who through formal education, training, and experience, has knowledge and expertise regarding the legal system and substantive and procedural law which qualifies him or her to do work of a legal nature under the supervision of an attorney.

What Is a Paralegal or Legal Assistant? A paralegal's role in a firm varies based on a variety of factors: Size of the practice Scope of the practice Skill of the paralegal Style and expectations of the supervising attorney

Job Description of a Family Law Paralegal Tasks performed by family law paralegals commonly include: Completing office management tasks Scheduling, billing, filing, etc. Drafting correspondence Participating in interviews Locating governing law (statutes, cases, rules, administrative regulations) and forms

Job Description of a Family Law Paralegal Tasks performed by family law paralegals commonly include: Drafting documents Complaints, motions, affidavits, trial memoranda etc. Maintaining communication with the client Researching legal issues

EXHIBIT 1.1 Paralegal Job Description

EXHIBIT 1.1 (continued) Paralegal Job Description

Major Objectives of Initial Client Interview Identify the client's need for services Discuss goals and expectations Determine whether the client and attorney will establish a relationship Discuss the scope of representation and potential fees, costs, and payment terms Introduce members of the team and their respective roles

Major Objectives of Initial Client Interview Discuss the nature and scope of attorney-client confidentiality and privilege Identify any urgent issues or deadlines Gather basic intake information Agree on a course of action and follow-up plan

Fee Agreements and Billing A variety of fee agreements are used. (See Exhibit 1.2 on page 11 of the text.) Contingent fees are generally not permitted. There is a trend towards "unbundling" of legal services.

Fee Agreements and Billing Letters of engagement and non-engagement help reduce misunderstandings and malpractice actions. Billing and fees are a major source of malpractice actions. Fees charged must be fair, reasonable and documented.

Characteristics of an Effective Fee Agreement It is executed at the outset of representation. It is written in plain language and translated into the native language of the client if necessary. It clearly describes the scope of services to be provided (and in some instances not to be provided).

Characteristics of an Effective Fee Agreement It specifies the fees to be charged for members of the family law team working on the client's case. It identifies costs the client is responsible for paying such as travel, postage, telephone, copies, etc. It identifies conditions that may trigger termination of the agreement.

Components of the Family Law Paralegal's Basic Library Statutory codes Court rules Case law Practice manuals Form books Legal dictionary Citation manual Legal newspapers

What Are Ethics? Ethics are standards or rules of conduct to which members of a profession are expected to conform. Ethical rules or canons are often laid out in professional rules of conduct for attorneys and for paralegals such as: The American Bar Association (ABA) Model Rules for attorneys adopted in most all states in one form of another

What Are Ethics? Ethical rules or canons are often laid out in professional rules of conduct for attorneys and for paralegals such as: The National Federation of Paralegal Associations (NFPA) and National Association of Legal Assistants (NALA) Canons (See Appendix A of the text)

Can Attorneys Be Held Liable for the Conduct of Their Paralegals? Attorneys may be held liable for the acts of their paralegals performed within the scope of employment under the doctrine of respondeat superior. The ABA has Model Guidelines for the Utilization of Legal Assistants for the reference of supervising attorneys.

Major Ethical Issues Encountered by Family Law Paralegals For a basic summary of Paralegal Ethics in a Nutshell see Paralegal Application 1.7 on page 17 of the text. Major problem areas encountered by family law paralegals include: Unauthorized Practice of Law (UPL) (See Case 1.1 in the text on pages 15 and 16: Columbus Bar Association v. Thomas)

Major Ethical Issues Encountered by Family Law Paralegals Major problem areas encountered by family law paralegals include: Conflicts of interest (ethical wall) Breaching client confidentiality Columbus Bar Association v. Thomas, 109 Ohio St. 3d 89, 2006 Ohio 1930, 846 N.E.2d 31 (2006)

Difference Between Attorney-Client Privilege and Client Confidentiality The Attorney-Client Privilege (and work product doctrine) Is established by statute. Refers to the client's right to refuse to disclose, and to prevent the attorney from disclosing, confidential communications between the client and the attorney unless the communication concerns future commission of a crime.

Difference Between Attorney-Client Privilege and Client Confidentiality Work Product All written and oral material prepared for or by an attorney in preparation of litigation

Difference Between Attorney-Client Privilege and Client Confidentiality The Rule of Attorney-Client Confidentiality Is established in rules of professional conduct Refers to the duty of an attorney not to reveal information relating to representation of a client subject to limited exceptions

Ethics and E-mail E-mail is vulnerable to misuse, alteration and interception. Firm may: Prohibit e-mail communication with clients Utilize encryption software Include boilerplate language on every e-mail stating it is private and confidential