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Essential Foundations of Preparedness for Procedures in the Divorce Process
The release of the January 2017 Report of the New York Chief Administrative Judge's Matrimonial Practice Advisory & Rules Committee (MPARC report), chaired by New York Supreme Court Justice Jeffrey S. Sunshine, provides the stimulus for reflection on the manner in which divorce lawyers process their clients' case matters from the moment that the potential client first walks through their office doors. Thus, it seems appropriate now to look at some of the practicalities of matrimonial practice and procedure in today's environment. What follows may strike experienced, diligent divorce lawyers as elementary, but it bears review from time to time as one's law practice develops and evolves, along with changes in the substantive law and in the procedures and rules applied by our courts. This is the same “back to basics” to which good lawyers, like star athletes, should periodically return.
The Beginnings
From the very inception of the attorney-client relationship, fact-gathering is essential. A simple one-page intake form that provides the lawyer and office staff with the basic facts of identification of client and spouse (allowing for a particularized conflict of interest check), including contact information, biographical data (dates and places of birth for the parties and their children, college degrees, professional licenses, nature of and places of employment, Social Security numbers, health insurance data, etc.) among other things, should be completed at the first meeting. Having this form on hand for future client meetings, for settlement discussions with opposing counsel, for mediation sessions and for court appearances enables attorneys to have at their fingertips data that is essential to the knowledgeable discussion of issues wherever those talks take place.
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