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How to Challenge the Forensic Psychiatrist's Report
Envision the following scenario, which is not necessarily commonplace, but not unheard of, either: Your client, the mother of a 9-year-old girl and two boys, aged 2 and 5, has been married for 14 years, most of them unhappy. Your client has been struggling with, and is being treated for, a series of psychological problems, including bipolar disorder, suicidal ideation and post-partum trauma disorder. The client has been a stay-at-home mother, attending to the demands of three children with busy schedules. Her marital problems have increased dramatically since the birth of the youngest child, to the point where she now believes the domestic discord is detrimental to her own as well as to her children's emotional well-being.
Your client and her husband have fundamentally different philosophies on child rearing and have had a series of disputes on such crucial issues as psychiatric treatment and the correct medication for their daughter. This history forms the basis of your client's belief that joint decision-making with her husband is not viable and that sole legal custody is the only option. Furthermore, your client, while not wishing to cut the father out of the children's lives, is willing to offer him 'garden-variety' visitation of alternating weekends and one mid-week dinner, but she firmly believes the children should reside primarily with her in her home, particularly during the school week. Noting that the issues of custody and visitation are marked 'unresolved,' at the preliminary conference, the judge appoints both a law guardian to act as the children's advocate, and a forensic psychiatrist to meet and evaluate the family and make a recommendation regarding legal and physical custody.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.