Nathan Albright's Blawg

Watch Your Courthouse Demeanor

Nathan Albright — Thu, 17 May 2012 16:18:40 +0000

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pemIn this excerpt from his book a title=”The View from the First Chair” href=”http://www.attorneyatwork.com/products-page/books-2/the-view-from-the-first-chair/”The View from the First Chair/a, veteran California defense lawyer Martin L. Grayson offers a crash course on emthe importance of courthouse demeanor, with tips for always (always) presenting your best professional image. Martin /emis also featured in LawyerAvenue Press’s new “How to Litigate” video series—and you can watch his “Courthouse Demeanor” video below. /em/p
pa href=”http://www.attorneyatwork.com/products-page/books-2/the-view-from-the-first-chair/”img title=”ViewFromTheFirstChairPostGraphic” src=”http://www.attorneyatwork.com/wp-content/uploads/2012/05/ViewFromTheFirstChairPostGraphic-e1337115776153.jpg” alt=”The View from the FIrst Chair” width=”150″ height=”213″/a/p
pImagine you’re at a neighborhood party, having drinks with some friends. In walks Buddy, a neighbor who borrowed your ladder earlier in the day but forgot to return it. Buddy sees you across the room, waves, and shakes his head as if in apology for his lapse of memory. You nod and smile amiably, and turn back to your friends who, at that very moment, are laughing at a shared joke. It’s very possible Buddy will assume the laughter is at his expense. It’s only human nature./p
pIn a roundabout way, this illustrates why you should never smile in the courtroom. Because those present—the jurors on your case, the bailiffs, the clerks, the court reporters—will not know why you are smiling and may assume the worst. They may assume—because it’s only human nature—that it has something to do with the case that now occupies their attention. They just might think your smile is about emthem/em./p
h5Never Underestimate the Power of Courthouse Demeanor/h5
pYour demeanor should be intended to persuade the judge, jury, bailiff, clerks, parties, witnesses, and anyone else who might be passing through, that you are a serious person, an honest person, a dignified person, an organized person and—for the purposes of the case at bar—the person with the correct view of reality. This image would be difficult to maintain if a juror walking through the parking lot saw you throwing off your suit and pulling on a pair of baggy shorts and a ripped T-shirt while chugging a 40-ounce adult beverage. So remember, anywhere in the courthouse where you might possibly be seen or heard litigating, negotiating or consulting—through an office window, down the hall, in a restroom—you must always be on guard to present a professional image. Pretty much, that means anywhere in public./p
pHere are a few more tips for courthouse behavior./p
h5strongStay on the Judge’s Good Side/strong/h5
pOne of the biggest mistakes an attorney can make is to alienate the judge. You will put yourself and your client at risk of losing every close call, having every request for continuance or extension of discovery procedures summarily denied and, worst of all, having the judge signal the jury at trial that you are not trustworthy. Even if the judge sprays your new suit with purple acid from a hose he keeps on the bench, you say, “Thank you, Your Honor.” Your only chance of keeping the jury even partially on your side is to refrain from telling the judge how you will regret to your dying day the $10 you contributed to his last campaign. You may feel better afterward, but always bear in mind that your client will be picking up the tab for your moment of joy./p
pIn the courtroom, be as polite, obsequious and humble as your nature will permit … certainly more than your nature might deem dignified. Fawning is not unacceptable, and bowing and scraping is not to be overlooked. No judge has ever admonished a lawyer for being too respectful./p
h5strongIngratiate Yourself with the Courthouse Staff/strong/h5
pIt is common sense to assume that your interactions with courthouse staff will find their way to the judge. Thus, in addition to keeping a polite, low-key, professionally calm demeanor in and around the courthouse, you must also ingratiate yourself with the staff. Believe me, it has its benefits. If, on occasion, you make a comment that elicits a laugh from another attorney, the clerk is more likely to take it in stride. And if the judge asks, “What was that laughter in the courtroom?” the clerk—your buddy—might be more inclined to say, “Oh, that was Mr. Grayson. He’s such a friendly and gracious person. I think he said something to cheer someone up and they were laughing a little,” instead ofem, /em“It was Grayson, Judge. What a jerk. He’s here again today on GenMar. Number 6 on the docket. I don’t know why you just don’t find him in contempt and get him disbarred. Jail time would do him a lot of good.”/p
h5strongRemember Courthouse Demeanor Also Extends to Telephone Calls/strong/h5
pstrong/strongOne day an attorney on a court call, who assumed his phone was on mute, could be overheard babbling to a buddy, then to an assistant, all while the judge was trying to conduct other business. Thinking this counsel was talking to the court, she twice advised him to remain “on hold” until his docket number was called. To no avail! Finally, the judge told him that everything he said was being broadcast into the courtroom and ordered him to stand by, silently, until he was recognized. Counsel apologized—and then we all heard him press the mute button, and launch into yet another round of office babble. He had no idea his mute button had malfunctioned./p
pHere’s Grayson’s Rule: If you’re on the phone to the court during a court call, or for any other business, assume you are emactually in court/em and not simply in your office talking to the judge or clerk on a speakerphone. If this particular counsel had understood, he might have sat quietly at his desk, shuffling papers, reading the newspaper—even getting his shoes shined—but he would not have been making a fool of himself. The psychology of human perception and the inferences drawn from them loom large in law and business. You have a lot to lose and absolutely nothing to gain from ignoring that fact./p
h5strongMost Judges Hate to Judge/strong/h5
pIn my experience, most judges want you to settle your case, dismiss your suit, take the plea bargain, pay the demand. Judges do not want to actually decide anything if they can avoid it. You can use the judge’s own motives to your benefit and get the result you seek. How? By couching every argument in terms that fulfill and support the judge’s most secret and fervent desire: To watch you dissolve into molecular space dust before the lunch break. Every utterance and every suggestion must appear to be aimed not at winning points for your team, but at helping the court resolve the dispute as quickly and painlessly as possible. Sprinkle your comments with introductions such as, “In order to move this matter along as quickly as possible, perhaps ….” Or, “To give us the best chance to reach early resolution ….” While your opponents flail around, arguing arcane points of law and procedure, they will find themselves sinking in quicksand as you calmly and casually lead the judge to agreeing with your every suggestion./p
pThis is not to say you can be unprepared on the law and the facts and flim-flam the court with obsequious comments. I’m simply suggesting you must carefully craft your arguments. That ticking sound you hear will be the judge’s heart going pitter-patter, pitter-patter./p
h5Watch the Video/h5
pMartin Grayson is featured in LawyerAvenue Press’s new “How to Litigate” video series. Watch his “Courthouse Demeanor” video below.briframe src=”http://www.youtube.com/embed/GpXvxLO2H_w” frameborder=”0″ width=”480″ height=”360″/iframe/p
pemMartin L. Grayson is a California defense lawyer and author of /emema title=”The View from the First Chair” href=”http://www.attorneyatwork.com/products-page/books-2/the-view-from-the-first-chair/”The View from the First Chair/a (Lawyer Avenue Press), a crash course that offers fresh insight into the litigation process and the art of the lawsuit. A former journalist, Martin is a former member of the board of editors for the ABA Litigation Section magazine, /emLitigation,em a former Judge Pro Tempore for Los Angeles County Superior Court and, in 25 years, has litigated hundreds of maritime, oil and gas, transportation, insurance, and corporate cases. He blogs at a href=”http://www.GraysonOnTrials.com/”www.GraysonOnTrials.com/a./em/p
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Four things to know about Financial Declarations in Family Court

Nathan Albright — Wed, 16 May 2012 15:21:39 +0000

pIt sounds simple enough, Financial Declaration (sometimes referred to as a Financial Affidavit). It’s something that each party in most Family Court cases must complete, even in cases that may seem to be “uncontested”. The document details the typical financial factors that play a role in every marriage: how much you earn, how much you spend, how much you owe and what you own. The affidavit provides the court with a snapshot of your financial picture./p
pThough it seems straightforward, many people discover the document is more complicated than they anticipated. Determining accurate and update figures for everything can be an arduous process. The document is also crucially important as it serves as the basis for the divorce settlement agreement, child support and alimony. Those not involved in the family finances prior to the divorce can have an especially rough time, as estimating is not wise given how important the document can be./p
pHere are four key points about Financial Affidavits:/p
pstrong1. Your divorce attorney will review only for glaring mistakes/strong/p
pAlthough your divorce attorneys will provide you with the proper forms and fundamental guidance, don’t expect them to know your finances better than you. They will certainly double check and look for obvious errors. Unless a listed expense doesn’t seem right don’t expect small differences to be noticed by people unfamiliar with your spending habits./p
pstrong2. The little details often make a big difference/strong/p
pSorting through years of bills at an extreme level of detail can be a grueling process but it’s very important for understanding your present state of affairs. No matter how tiresome resist the urge to estimate. When people guess they can often be wrong – sometimes very wrong. The time and expense necessary to correct these mistakes can be significant and should be avoided at all costs./p
pstrong3. A Financial Declaration must be executed before a notary public/strong/p
pWhen you file a Financial Declaration you must swear under oath that the information you provided is true and correct to the best of your knowledge and belief. This means that neither party can “forget” to mention an account or fudge the balance of a credit card. Anyone who intentionally provides false information on a Financial Declaration is committing perjury and could face serious legal action, including being held in contempt of court and facing additional sanctions, including possible criminal charges./p
pstrong4. Your Financial Declaration can be revised/strong/p
pIf your financial circumstances change, you can and should update your Financial Declaration, even after it’s already been filed with the Court. In fact, you are required to file a current Financial Declaration at almost all hearings in Family Court./p
pIf you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced a href=”http://www.spartanburglawyers.com/Home.html”South Carolina family law attorney/a to guide you through the difficult process./p
pemSource:/emem “/ema href=”http://www.forbes.com/sites/jefflanders/2012/05/09/the-five-key-points-divorcing-women-need-to-know-about-financial-affidavits/”emThe Five Key Points Divorcing Women Need to Know About Financial Affidavits/em/aem,” by Jeff Landers, published at /ema href=”http://www.forbes.com”emForbes.com/em/aem. /em/p
pstrongSee Our Related Blog Posts:/strong/p
ul
lia href=”http://www.scfamilylaw.com/2012/04/17/the-confusion-of-a-qdro/”The Confusion of a QDRO/a/li
lia href=”http://www.scfamilylaw.com/2012/05/01/six-steps-to-consider-if-you-want-to-file-for-divorce/”Six Steps to Consider If You Want to File for Divorce/a/li
/ulimg src=”http://feeds.feedburner.com/~r/SCFamilyLawBlog/~4/PMNS62bipNE” height=”1″ width=”1″brbr

http://www.scfamilylaw.com

“Fla. Court To Rule: Can A Lawyer Be Undocumented?”

Nathan Albright — Mon, 14 May 2012 06:03:16 +0000

strong”Fla. Court To Rule: Can A Lawyer Be Undocumented?”/strong a href=”http://www.npr.org/2012/05/09/152279514/fla-court-to-rule-can-a-lawyer-be-undocumented”This audio segment/a appeared on today’s broadcast of NPR’s “a href=”http://www.npr.org/templates/rundowns/rundown.php?prgId=3amp;prgDate=05-09-2012″Morning Edition/a.”brbr

http://howappealing.law.com/

It’s All About Choice

Nathan Albright — Sun, 13 May 2012 04:48:01 +0000

pa href=”http://phandroid.com/2012/05/11/animoca-shows-off-400-devices-used-for-app-testing-so-this-is-what-fragmentation-looks-like/” title=”Animoca Shows Off 400 Devices Used For App Testing (So This Is What Fragmentation Looks Like?)”Animoca Shows Off 400 Devices Used For App Testing (So This Is What Fragmentation Looks Like?)/a. a href=”http://futurelawyer.typepad.com/.a/6a00d8345170df69e2016766721e5e970b-popup” style=”float:left”img alt=”Android devices” src=”http://futurelawyer.typepad.com/.a/6a00d8345170df69e2016766721e5e970b-300wi” style=”width:300px;margin:0px 5px 5px 0px” title=”Android devices”/a In case you needed any convincing that Apple, the former rebel, has become the “man”, I offer this table full of Android devices. Pick your passion. Choose one. Or, choose several. There are as many flavors and features and apps and versions of the Android OS to choose from as you like. While some may find this confusing, I find it wonderful. How boring to look at a table with one or two choices on it. Sir, would you like an IPhone 3G (slow but you can’t change the battery), an iPhone 4 (still slow, and you still can’t change the battery), or an iPhone 4S (slow, you can’t change the battery AND it comes with a snarky smart mouth female voice to annoy you)? Oh, yes, you also get a tiny 3.5 inch screen with all 3 iPhones. Or, sir, would you like an iPad tablet, which has a great screen? Sorry, Apple. I choose chaotic, confusing, many options available, rock em, sock em competition. I choose Android./pdiv
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Cops: Duo Left Kids In Minivan Outside Sex Shop

Nathan Albright — Wed, 09 May 2012 23:03:28 +0000

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Parents spent 90 minutes inside Hustler Hollywood, dropped $430 /div
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img src=”http://i.cdn.turner.com/dr/teg/tsg/release/sites/default/files/imagecache/175xUnlimited/photos/hustlerhollywoodtacoma.jpg” alt=”Hustler Hollywood” title=”Hustler Hollywood” width=”175″ height=”265″
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pJuston and Kylie Hyatt, both 23, are scheduled to be arraigned next week on a misdemeanor count stemming from the incident in Tacoma, Washington./p
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a href=”http://www.thesmokinggun.com/file/sex-shop-shoppers”Sex Shop Shoppers/a /div
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pa href=”http://www.thesmokinggun.com/documents/kids-left-in-van-outside-sex-shop-769234″read more/a/pbrbr

http://www.thesmokinggun.com/documents

When It Comes to Child Custody Jurisdiction Disputes, Delay Is Often Fatal

Nathan Albright — Wed, 09 May 2012 17:33:11 +0000

pTexas Husband and Wife have five Children born during their long term marriage./p
pWife takes the Children on vacation to Puerto Rico in June of 2009. Husband expects their return in August of that year./p
pBut then Wife advises Husband that she and the Children will remain in Puerto Rico./p
pHusband waits until April of 2010 and only then files in Texas for divorce and a child custody determination./p
pIn June of 2010, Wife seeks a divorce and child custody determination in Puerto Rico./p
pWife participates by phone in the Texas family court case, seeking a continuance and objecting to the court’s exercise of personal jurisdiction over her and child custody subject matter jurisdiction over the Children under the iUniform Child Custody Jurisdiction and Enforcement Act/i (iUCCJEA/i). The Texas divorce court denies the continuance and advises Wife that the Texas trial will go forward immediately, with or without her./p
pThe Texas divorce court grants Husband a divorce and divides the marital property. The Texas family court also exercises jurisdiction over the Children under the UCCJEA, citing exigent circumstances and consent by Wife, awards Husband primary custody of Children and orders return of the Children to Texas. /p
pAt about the same time, the Puerto Rican family court exercises jurisdiction over Children over Husband’s objection, based on the fact that Children have lived in Puerto Rico for over a year and that the Texas family court has implicitly recognized that it does not have jurisdiction over the Children in a previous child support order./p
pWife appeals the Texas divorce court judgment, again challenging both its exercise of personal jurisdiction over her and of child custody subject matter jurisdiction over the Children under the UCCJEA./p
pOn appeal, the Texas appellate court finds that Wife waived her objection to the Texas family court’s exercise of personal jurisdiction over her by fully participating in the divorce issues before the divorce court at trial. Legally, a party may consent to a court’s exercise of personal jurisdiction over them, even if the court would not otherwise have personal jurisdiction./p
pAccordingly, the Texas appellate court affirms the Texas family court’s entry of Husband and Wife’s divorce and division of their marital property./p
pBut the Texas family court’s exercise of child custody subject matter jurisdiction under the UCCJEA is another story. /p
pLegally, subject matter jurisdiction cannot be consented to, or waived. If a court lacks it, as a matter of law, the court has no power or authority to proceed./p
pAnd the Texas appellate court finds that that was the case here. The home state of the Children had become Puerto Rico under the UCCJEA, where they had lived for more than six months prior to filing of either the Puerto Rican or Texas child custody cases./p
pThe Puerto Rican family court never declined to exercise child custody subject matter jurisdiction over Children under the UCCJEA. And the circumstances in Texas did not fall within the strict requirements for exercise of itemporary/i emergency jurisdiction, because the Children were not iin/i Texas./p
pTherefore, the Texas appellate court dismisses all child custody orders entered and rulings made by the Texas family court under the UCCJEA, because the Puerto Rican family court has child custody subject matter jurisdiction over Children./p
pRead more in a href=”http://www.leagle.com/xmlResult.aspx?xmldoc=In%20TXCO%2020120405588.xmlamp;docbase=CSLWAR3-2007-CURR”this Texas appellate court family law opinion/a/pbrbr

http://www.fladivorcelawblog.com

Online Gamers Get Girls (Infographic)

Nathan Albright — Wed, 09 May 2012 15:19:03 +0000

pa href=”http://main.makeuseoflimited.netdna-cdn.com/tech-fun/wp-content/uploads/2012/05/gamers-get-girls.gif?54b313″img src=”http://main.makeuseoflimited.netdna-cdn.com/tech-fun/wp-content/uploads/2012/05/gamers-get-girls.gif?54b313″ alt=”" width=”590″ height=”5500″/a/ppsource: a href=”http://www.onlineuniversity.net/online-gamers-get-girls/”onlineuniversity/a/ppa href=”http://www.makeuseof.com/tech-fun/online-gamers-get-girls-infographic/”Online Gamers Get Girls (Infographic)/a is a post from: a href=”http://www.makeuseof.com/tech-fun”MakeUseOf Geeky Fun/a/p piframe src=”http://feedads.g.doubleclick.net/~ah/f/4icc4d0nq9c05rse58qpikm1us/300/250#http%3A%2F%2Fwww.makeuseof.com%2Ftech-fun%2Fonline-gamers-get-girls-infographic%2F” width=”100%” height=”250″ frameborder=”0″ scrolling=”no” marginwidth=”0″ marginheight=”0″/iframe/pdiv
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How To Deal With Your New Love’s Ex

Nathan Albright — Wed, 09 May 2012 14:48:52 +0000

pIt’s really easy when meeting your new love’s former spouse to have thoughts immediately turn negative. And while it’s true that some are every bit as evil as you may want to believe, they aren’t always bad news. With that in mind, follow these a href=”http://yahoo.match.com/y/article.aspx?articleid=2418amp;TrackingID=526103amp;BannerID=1330773″simple rules/a to help manage an ex in your life./p
pstrong1. /strongstrongSet the right tone and be friendly/strong/p
pIt’s true what they say; you usually get what you expect from people. If you’re already expecting the wicked witch and treat the ex as such that’s likely what you’ll get. Even if the ex had good intentions your negativity could turn her away./p
pstrong2. /strongstrongFind common interests the two of you share/strong/p
pYou might find that after getting to know the ex that you actually have lots in common (besides your current partner of course). Avoiding over sharing (which we’ll discuss later) and the two of you might be able to get along swimmingly./p
pstrong3. Never discuss your current relationship issues/strong/p
pAs we mentioned above too much information can be a danger of hanging out with an ex. In order to be friendly with your current partner’s ex you MUST leave the personal details of your current relationship out of it. Not only will telling too much invite a third person into your relationship, but it can poison the remaining good feelings between the recently broken up parties./p
pstrong4. /strongstrongWatch feelings of jealousy/strong/p
pTrust is obviously an important ingredient in any relationship, but when it comes to exes who are still in the picture, it’s absolutely critical. Dealing with someone who knew him before you did can be unnerving, to say the least. The fear that they might get back together can lurk beneath the surface but is ultimately destructive not just to your possible friendship but even to your relationship./p
pstrong5. /strongstrongTrust your instincts if something feels funny/strong/p
pMost exes really are done and recognize that the romance is over. That may not always be the case and it’s important to trust your gut. If something feels funny or if people begin acting strangely there may be a good reason for it. Listen to your instincts and be honest about your concerns./p
pIf you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced a href=”http://www.spartanburglawyers.com/Home.html”South Carolina family law attorney/a to guide you through the difficult process./p
pemSource:/emem “/ema href=”http://yahoo.match.com/y/article.aspx?articleid=2418amp;TrackingID=526103amp;BannerID=1330773″emRules for befriending his ex/em/aem,” by Rosalind Cummings-Yeats, published at Match.com./emem /em/p
pstrongSee Our Related Blog Posts:/strong/p
ul
lia title=”Permalink to Love Lab Handicaps Couples’ Chance of Divorce” href=”http://www.scfamilylaw.com/2012/04/26/love-lab-handicaps-couples-chance-of-divorce/”Love Lab Handicaps Couples’ Chance of Divorce/a/li
lia href=”http://www.scfamilylaw.com/2012/04/10/divorce-expo-marks-a-new-twist-on-convention-ideas/”Divorce Expo Marks a New Twist on Convention Ideas/a/li
/ulp /p
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http://www.scfamilylaw.com

Financial Infidelity Infographic: Money Problems in Marriage – San Francisco Chronicle (press release)

Nathan Albright — Wed, 09 May 2012 14:48:51 +0000

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a href=”http://news.google.com/news/url?sa=tamp;fd=Ramp;usg=AFQjCNGrxjHr2Moqmw6o58Ezd7iB1jmOJwamp;url=http://www.sfgate.com/cgi-bin/article.cgi?f%3D/g/a/2012/05/08/prweb9479471.DTL”bFinancial Infidelity bInfographic/b: Money Problems in Marriage/b/abrfont size=”-1″bfont color=”#6f6f6f”San Francisco Chronicle (press release)/font/b/fontbrfont size=”-1″CreditDonkey.com new research binfographic/b illustrates the strain of financial infidelity on marriage. From secret credit card debt to hidden stashes of money, financial deception wrecks havoc on marriages. Los Angeles, CA (PRWEB) May 08, b…/b/fontbrfont size=”-1″/fontbrfont size=”-1″a href=”http://news.google.com/news/more?pz=1amp;ned=usamp;ncl=dJO48NIuWNUymgM”band more »/b/a/font
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http://news.google.com/news?pz=1ned=ushl=enq=infographic

Spouses Use Hidden Cameras in Divorce Battle

Nathan Albright — Wed, 09 May 2012 14:48:46 +0000

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td width=”140″ valign=”top” rowspan=”2″div style=”border:1px solid #999999;margin:0px 10px 5px 0px”a href=”http://www.youtube.com/watch?v=41ELd3p9tnEamp;feature=youtube_gdata”img alt=”" src=”http://i.ytimg.com/vi/41ELd3p9tnE/default.jpg”/a/div/td
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a style=”font-size:15px;font-weight:bold” href=”http://www.youtube.com/watch?v=41ELd3p9tnEamp;feature=youtube_gdata”Spouses Use Hidden Cameras in Divorce Battle/a
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div style=”font-size:12px;margin:3px 0px”spanModern divorce cases reveal couples resort to spying on each other. For more, click here: abcnews.go.com/span/div
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td style=”font-size:11px;line-height:1.4em;padding-left:20px;padding-top:1px” width=”146″ valign=”top”
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span style=”color:#666666;font-size:11px”From:/span
a href=”http://www.youtube.com/channel/UCBi2mrWuNuyYy4gbM6fU18Q”ABCNews/a
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span style=”color:#666666;font-size:11px”Views:/span
1314/div
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img style=”border:0px none;margin:0px;padding:0px;vertical-align:middle;font-size:11px” align=”top” alt=”" src=”http://gdata.youtube.com/static/images/icn_star_full_11x11.gif”img style=”border:0px none;margin:0px;padding:0px;vertical-align:middle;font-size:11px” align=”top” alt=”" src=”http://gdata.youtube.com/static/images/icn_star_full_11x11.gif”img style=”border:0px none;margin:0px;padding:0px;vertical-align:middle;font-size:11px” align=”top” alt=”" src=”http://gdata.youtube.com/static/images/icn_star_full_11x11.gif”img style=”border:0px none;margin:0px;padding:0px;vertical-align:middle;font-size:11px” align=”top” alt=”" src=”http://gdata.youtube.com/static/images/icn_star_full_11x11.gif”img style=”border:0px none;margin:0px;padding:0px;vertical-align:middle;font-size:11px” align=”top” alt=”" src=”http://gdata.youtube.com/static/images/icn_star_empty_11x11.gif”
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div style=”font-size:11px”14
span style=”color:#666666;font-size:11px”ratings/span
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span style=”color:#666666;font-size:11px”Time:/span
span style=”color:#000000;font-size:11px;font-weight:bold”02:22/span
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span style=”color:#666666;font-size:11px”More in/span
a href=”http://www.youtube.com/videos?c=25″News amp; Politics/a
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