Litigation is without a doubt what most practitioners use and recommend to their clients as the 'best, tried and tested, certain, appealable' family law problem solving tool. Do you offer your clients other options to help solve their legal problems, like mediation and/or arbitration? Or are these methods to be "boo hooed" as not 'real' problem solving solutions, with too many drawbacks? Are you a lawyer, who is so risk adverse that you don't like to try new things, 'don't fix what aint broke' type of mentality, and you continue to practice with exactly the same methods as you always have, without any thought, action or contemplation of any other effective ways to solve your clients problems? Or are you a lawyer, who views the changes in society and law, and likes to engage in forward thinking, innovation with contemplation of the long court delays and costs of litigation and therefore willing to offer other methods to solve their clients matters? Or do you feel anxious when … [Read more...]
Archives for November 2016
Are You Complying With Document Production Under Subpoena – The Right Way?
Appears simple right? You are representing a respondent in a victims of institutional abuse case or another matter, for example, you are representing the Police Association, in a civil claim. Your firm receives a subpoena to produce documents (UCPR rules 33.2). You believe the documents that are to be produced have, in your view, sensitive or confidential material included, which you don't want the other side to have access to. They may include identifying names of complainants (historical victims of sexual abuse) or confidential communication (or other reason). You may decide to object on the basis of privilege (UCPR rules 1.9 & 5.7). Alternatively, you may decide to redact the documents prior to producing documents under subpoena, is that permitted? Can the third party, compelled to produce documents, provide the subpoenaed material to their solicitors, instead of the Court? … [Read more...]
Smart Strategies To Avoid Delay
We all are aware of the long delays in the FCC and the Family Court, with many of the issues underpinning delay beyond our control, as practitioners. However, there are strategies we can undertake and commit to, as problem solvers, to ensure that we don't unnecessarily contribute to delaying our clients matters, on top of the courts delay. I am asking you, do you have strategies in place to reduce practitioner and in the process, court delay? What strategies can accomplish that, you may ask? Read more to see some simple strategies that can greatly improve your position, to be on the 'front foot' in your clients case. … [Read more...]