2011

Blog Posts in 2011

  • What Triggers Violence in Custody Battles in the United States?

    || 23-Oct-2011

    "While violence arising from custody battles in the United States has been a constant presence, the American Bar Association (ABA) Commission on Domestic Violence has long recognized the potential for escalation in such disputes." In fact, "studies show that 25-50% of disputed custody cases involve domestic violence." Three of the most recent incidents involving shooting deaths ...
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  • Problem-solving is a hallmark of a good lawyer. It involves a creative attempt to discover a result that may be outside the specific provisions of law, ruling, or statute, but that will represent the best reasonable outcome for all of the parties involved. Since law schools, historically, have not taught problem-solving skills, the American Bar Association (ABA) advises lawyers-to-be that they ...
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  • The Misconception that Collaborative Attorneys Fail to Protect Their Clients

    || 25-May-2011

    I attended the Sixth Annual Statewide Conference for Collaborative Practice California in San Diego from April 29 - May 1, 2011. The Conference was held at a terrific venue, the speakers were amazing and I met other collaborative divorce professionals. On the last day of the Conference, I met a psychologist who was not a collaborative divorce professional, but who attended the event out of ...
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  • Family Law in the United States -- An Uncivilized, Unenlightened and Barbaric System

    || 22-Mar-2011

    In 1996, the Australian government reformed its family law system in an effort to make it "more responsive to families in need, by making it simpler to negotiate appropriate outcomes." It accomplished this by shifting "the focus from litigation as the first choice for the resolution of family law disputes." Since then, mediation has become the "primary dispute resolution ...
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  • Philosophy and the Law

    || 5-Feb-2011

    Almost a quarter of a century ago, as a first year law student, I was required to take a course on Philosophy and the Law. I absolutely hated that class, did not understand its importance, and found the subject matter very frustrating and difficult to comprehend. I recall the Professor calling upon me to answer questions relating to the material and being completely incapable of responding ...
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