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The Preeminent Voice of Family Law Instrumental in Developing Family Law as a Recognized and Respected Specialty Worked with State Legislatures with.

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Presentation on theme: "The Preeminent Voice of Family Law Instrumental in Developing Family Law as a Recognized and Respected Specialty Worked with State Legislatures with."— Presentation transcript:

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2 The Preeminent Voice of Family Law

3 Instrumental in Developing Family Law as a Recognized and Respected Specialty Worked with State Legislatures with Model & Uniform Acts Worked with Federal Government for Child Support Guidelines Educated Family Lawyers Educated the Public

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5 Where We’ve Been & Where We’re Headed As the "family" changed over the last century, family law changed as dramatically. At the beginning of the twentieth century, divorce was almost non-existent. As the century ends, nearly one in two marriages results in divorce. Perhaps family law is the area of the law that most mirrors the changes in society The greatest changes were: Every state now has no-fault grounds for divorce even though the pendulum may be swinging back toward requiring a showing of fault. Property that was traditionally owned only by men is now owned by both husband and wife and is equitably divided upon divorce. At the beginning of the century, children were treated as property and "owned" by their fathers, then became presumptively better off with their mothers. Then in the 1970s joint custody came storming in and now many children have co-parents after divorce. Child support became governed by "guidelines" as courts and legislatures searched for a way to streamline the divorce process. Courts, attorneys, and litigants began to recognize that issues concerning the family did not fit very well into the traditional litigation profile, alternative dispute resolution, especially mediation, was born. New issues arose concerning stepfamilies, gay and lesbian parents, and biotechnology outdistanced law so rapidly in the reproductive areas that the new "family" had little resemblance to a traditional family. Federalization of family law issues that had been exclusively in the dominion of the states began to recognize the transient nature of society.

6 Where We’ve Been & Where We’re Headed Retirement benefits, intellectual ideas, and employment perquisites became "property" divisible by courts in divorce actions. The role of technology provided great access to the court system. As the new century begins the challenges facing the family lawyer are universal: Notions of jurisdiction may change as recognized technology allows litigants to appear and be fairly represented without being physically present. The definition of family is changing much more rapidly in daily life than the law can reflect. Medical breakthroughs allow a child to have many parents, including biological, psychological, physical, and legal. Types of property that have not yet been recognized will be valued and divided. Stabilization of families to enable children to develop and thrive will become even more crucial. The massive numbers of couples wanting to divorce will force a better system. Programs to prevent and reduce the number of divorces will be established to help stabilize the family. Courts and law offices will advance technologically to a point where cases will be "virtually" resolved. Guidelines will be established to compel most cases to fit within a predetermined formula. Even though evolution in family law is occurring so rapidly, divorcing families still need competent and caring family lawyers to guide them through one of the most difficult events in their lives. The role of the family lawyer as counselor will remain crucial.

7 1950’s Need for Family Codes Need for Consistency Need for No Fault Statutes Recognize Women’s Contributions to Marriage

8 1960’s No Fault Statutes Equitable Division Recognition of Individual Rights

9 1970’S Uniform & Model Acts Jurisdiction U.S. Supreme Court Decisions Beginning of Child Support Guidelines Uniform Child Custody Jurisdiction Act Rehabilitative Alimony Reporting Child Abuse Teaching Family Law Advent of Women Lawyers

10 1980’s Child Support Guidelines Uniform & Model Acts Retirement Division Grandparent Visitation ADR / Mediation Beginning of Specialty Courts Artificial Reproduction New Definitions of Property

11 1990’s Uniform Child Custody Jurisdiction Enforcement Act Domestic Violence Taken Seriously International Enforcement & Active participation in Hague Conventions Federalization Specialization Collaborative Divorce The Definition of Property Expands

12 2000’s Technology Elder Divorce Uniform Acts Same Sex Marriage Military Members & Attorneys The Definition of Property Expands Further

13 Family Advocate Readable – Instructive Substantive Law Specialty Issues Client Manuals  Children's Issues  Co-Parenting  FAQ’s  Never Ending Divorce Forms Letters Pleadings Checklists Marketing Tool

14 Family Law Quarterly 15 th Most Cited Specialty Law Review Law in the 50 States Specialty Issues UCCJA Domestic Violence Bankruptcy Federalization

15 Publications Covered all aspects Substantive Topics  How to Run an Office  How to Try a Case  Financial Aspects  Custody Aspects  How to Be a Better Family Lawyer

16 Scholarly Reports & Think Tanks Wingspread 1988 Alimony Conclave Best Interest of the Child Conference History of Child Custody Conference Boalt Hall Conference 2000 High Conflict Custody: Reforming the System of Children World Congress on Family Law & Children’s Rights White Paper on Same Sex Marriage

17 CLE Trial Practice and Techniques  Direct Examination  Cross Examination  Exhibits  Evidence  Closing Arguments  Judicial Perspectives  Electronic Evidence Draft Agreements and Pleadings Financial Issues  Tracing  Valuation  Income & Benefits  Alimony  Child Support  Business Valuation  Retirement  Taxation  Bankruptcy  Stock Options  Prenuptial Agreements

18 CLE Custody Issues  Psychological Testing  Best Interests  Relocation  Abuse  Alienation  Jurisdiction  Adoption Marital Torts Law Practice Management  Technology  Compensation  Quality of Life Ethics ADR  Negotiation  Facilitation  Mediation  Collaboration

19 Trial Practice Institute Trained hundreds of Trial Lawyers Unique Program Waiting List Developed Future Leaders

20 Partners Program Award Winner First Program of its kind Aimed at high school students Teaches communication skills needed for successful relationships

21 Outreach to Members Meetings Teleseminars Newsletters Listserve

22 Custody Maternal Preference Fitness Best Interest Doctrine Dad’s Rights Joint Custody Mental Health Professionals Influence

23 Divorce = Economic Dissolution Equitable Distribution Community Property Business Valuation Retirement Goodwill Tax Aspects Stock Options Intellectual Property

24 A Host of Experts Forensic Accountants Business Evaluators  Appraisers  Real Estate  Personal Property  Art Actuaries Economists Vocational Evaluators Psychologists Psychiatrists

25 Alphabet Soup UCCJA USFSPA URESA QDRO PKPA VAWA UCCJEA UISSA QMSCO COBRA DNA

26 Across the Sea Hague Convention International Child Abduction Intercountry adoption Protection of Children Enforcement of Support World Congress of Families

27 Technology Computers Telephones Cameras & Videos Constant Contact for Families Electronic Evidence

28 Became the Experts & Voice of Family Law Drafted Legislation Testified in Congress Participated in Drafting of Uniform Acts Presented to the President & other top government officials Interviewed by Major Newspapers, Magazines, Radio & T.V. Sponsored ABA Policies & Resolutions

29 Family Law Mirrors Society Greater Challenges for “families” Greater Challenges for “family lawyers” Family Law Section has met the challenge

30 Friendship


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