Monthly Archives: November 2015

SEVERAL “SUGGESTIONS” TO THE YOUNG ATTORNEY FOR A LONG (AND HOPEFULLY SUCCESSFUL) LEGAL CAREER

Several months ago I had the pleasure and privilege of being asked to make a presentation to the Anderson County Young Lawyers Division, and I discussed with them the following “suggestions” and points which I had found useful over the years.  [I realize that the audience for this particular blog is the attorney practicing for less than 10 years, and that the more “seasoned” attorneys will “hit delete” very quickly…and I’m OK with that.]

1. Always, always, ALWAYS “deconstruct” your case by starting at the end of it and working back to the beginning.

2. At least once a week, go the South Carolina Judicial Department’s website – www.sccourts.org – and click on the “Video Portal” menu, and then go the “Supreme Court Archived Video” page and watch at least one case being argued before the Supreme Court (it will send chills up and down your spine, but you’ll learn more about the practice of law than any book or website or CLE can ever teach you).

3. Whether or not you think you’re smarter than an opposing attorney never matters…because it’s much more important that you develop a reputation among your peers as ALWAYS being prepared to “outwork” them on a case.

4. Your lifelong reputation among your peers is made within the first 10 years of your professional life.

5. It is (infinitely) more important for you to develop a reputation among your peers as being professionally considerate and ethical than for being a professional bully.

6. Always assume that the judge knows more about your case than you do … and, at the same time, always assume the judge knows nothing about your case.

7. If you practice family law, then memorize SCRFC, Rule 9(b) … and live by it.

8. Finally – always know that whenever judges meet anywhere – either at conferences or at lunch or in the hallways behind their courtrooms – they’re asking/talking/gossiping about YOU… and know that YOUR reputation and ability matter to them (more than you’ll ever know).

9. ALWAYS give your clients “the bad news – 100% of the time”. Since you can’t guarantee a “result” or “outcome” for your client, then it’s professionally dangerous on your part to “paint a rosy picture” about anything involved with your client’s case.

10. NEVER represent a family member or a friend in ANY contested case, in any court of law. And to insure that you remain professionally objective (so that you can do your job), never become your “client’s friend” during the litigation.

11. DRESS LIKE AN ATTORNEY. (For the men) never meet with your clients in your office – or at a mediation – wearing a golf shirt or casual clothes; (for the women) wear professional attire when meeting with your clients. I assure you that the “visual” of how you present yourself to your client is as important (to them) as the advice you’re giving them.

12. FINALLY – always remember that “this is the business we have chosen” , so NEVER take anything said to you by an opposing attorney personally…”it’s not personal Sonny, it’s strictly business” .

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The (Unintended) Consequences Of Mandatory Mediation In The Family Courts – Part 2 [The Attorneys’ Side – There Is A Difference Between ‘Wanting To’ And ‘Needing To’]

Let me say this up front: I candidly admit that I’m the embodiment of the “professional oxymoron” (most of my colleagues would prefer to just ignore the “oxy” part).  On the one hand I am, and have been for many years, very cynical regarding all things family court (i.e., you cannot be given a 15-minute block of time within which to decide the fate and immediate futures of spouses, parents, and children,  based on a maximum 8-page affidavit that is most always “borderline perjury”) … while on the other hand I remain the eternal optimist (the Pollyanna) who wants to believe that all party-litigants, when given the choice between doing the right thing by making meaningful compromises in order to achieve total control over their joint or collective futures [“Plan A”] versus these same parties placing these decisions (which will affect their lives and the lives of their children) into the hands of perfect strangers [“Plan B”], would choose “Plan A” 100% of the time.

And the eternal optimist in me would be wrong at least 50% of the time.

Having now been swimming in the mediators’ pool for approaching 7 years, I’m convinced there are unintended consequences resulting from the mandatory part of mediation in family court litigation in South Carolina.

I’ll try to explain if you’re interested in reading on.

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