Posted: September 15th, 2022

Family Law and Practice

UNIT I Course Objective Assignment

Understanding the foundational concepts related to family law

1) What is family law and what are the five major developments that affect the practice of family law in the twenty-first century?
2) What are the main categories of primary authority in family law?
3) What is the distinction between primary and secondary authority?
4) What is a bias and in what way can it interfere with job performance by workers in a law office?
5) How will a court resolve a substantive due process (SDP) challenge to a state family-law rule?
6) What are ethics and explain at least five ethical issues that may arise in a family-law practice?
7) When is it ethical for an attorney to divulge confidential information?
8) In what ways do attorneys obtain facts that will be needed to represent a client in a family-law case?
9) What are the main categories of facts that make up a family history and what documents should a client be asked to bring to interviews?
10) What steps should an attorney take to preserve client confidentiality during an interview?

Unit I Expectations
Reading Assignment (Week One):

Chapters 1, 2, 3 from the textbook
Supplemental Learning Activities (Week One: not graded):

Family Law and Practice
1) What is family law and what are the five major developments that affect the practice of family law in the twenty-first century?
Family law is the body of law that defines the rights and duties of currently ongoing relationships or the termination of the same. This law covers all issuers pertaining to family units and marriages. Due to achievements on gender, family and marriage in the 20th century, several changes have surfaced in family law that define how relevant cases are judged in the 21st century. There are five major developments and they include: deregulation of sexuality, equality of the sexes, expanding role of contracts, increased federalization of family law, and scientific advances in childbearing (Statsky, 2014). These developments have forced many states to adapt to new terminologies for proper accommodation of the changes.

2) What are the main categories of primary authority in family law?
The main categories of primary authority are mandatory and persuasive (Domeier, 2020). Mandatory authority means that the court has no otherwise but to follow the reference given. An example includes a referral made to prior decisions by the same court on a similar matter. If the trial court they have to follow the decisions made by the relevant State’s Supreme Court to avoid deviating from the set judgments. A persuasive authority however does not hold much convincing power to make the final decision during trial. Examples of such an authority is a reference made to another State’s trial court’s decision. Even if the other State had references a case held by the same judge, he/she does not have to make their decision based off the ruling.

3) What is the distinction between primary and secondary authority?
Both Primary and Secondary Authorities involve identification of the rules that pertain to the legal issues such as family law (Blueroom, Undated). This amounts to legal research to understand how to handles cases of family law. Primary authorities form the rules that courts follow and they involve several types of sources for research. These are the constitution, Rules of court, case law, issued regulations, and legislature codes or statutes. Secondary authority however involves the use of sources that can help researchers understand primary authority better. These sources involve legal dictionaries, legal encyclopedias, and legal journals.

4) What is a bias and in what way can it interfere with job performance by workers in a law office?
A bias in law is an unfair policy or act that grows from prejudice. Some of the biased areas involve sex, handicaps, religion, age, race, or ethnicity. Bias is an unavoidable human trait hence the need for judges to adhere to information from the constitution, Rules of court, case law, issued regulations, and legislature codes or statutes for guidance. Otherwise, if allowed, bias can interfere with job performance. In the case that a judge feels they may be biased, they are allowed to recuse themselves to avoid making an unfair decision (Robbennolt and Taskin, 2010). It is important for a judge to be able to maintain an open mind if they are to evaluate cases without preconception or prejudice.

5) How will a court resolve a substantive due process (SDP) challenge to a state family-law rule?
An SDP is a process by family law that requires the government to refrain from any actions that may take away someone’s property, life or liberty (The Sanders Firm, 2018). To resolve such a matter, the state has to have provisions within their constitution that require a restriction on family law. An example of a restriction is intense scrutiny into the case to determine the merits behind the SDP challenge. Once states involve stricter restrictions that the U.S constitution. Setting higher bars within the state constitution gives the state courts leverage over the federal court.

6) What are ethics and explain at least five ethical issues that may arise in a family-law practice?
Ethics are the governing principles over an individual’s or an organization’s moral practices. The way a law firm conducts itself across activities should be in accordance with codes of ethics that are morally upright for law practitioners. Ethical issues within a practice are vast and may cut across the relations with clients, administration issues and substantive representation. When dealing with clients, issues may arise due to poor communication and the lack of informing the client on fee arrangements (Fitzgerald, 2017). The administration also faces issues such as failures to prepare the calendar and misplacing evidence, documents or files. With substantive representation, issues arise in giving attention on critical details when preparing documents.

7) When is it ethical for an attorney to divulge confidential information?
There are required exceptions of divulging confidential information and permitted exceptions (Pierce, Undated). Required exceptions include cooperation with the Office of Lawyer Regulation or under the direction of the Supreme Court. A compliance with a relevant pre-trial discovery request is also considered as a required exception. A disclosure to the tribunal is also exempted to investigate false statements. Permitted exemptions are allowed if the client waives confidentiality and allows the lawyer to reveal information. It is also ethical for an attorney to reveal client information if they perceive they may be a danger to themselves or others.

8) In what ways do attorneys obtain facts that will be needed to represent a client in a family-law case?
The first step is to prepare or read the complaint or petition. This document gives ideas on the evidence to gather/prove and understand all the key elements of the family story (Crawley, 2020). The next step involves finding copies of supporting documents such as contracts. Then the attorney can analyze the weaknesses and strengths of the case. It is essential that the attorney goes over the client’s documents alongside the complaint to determine which facts will generate a stronger case against the defendant/plaintiff. Reviewing these documents gives leads that can be used in the court or mediation process if possible.

9) What are the main categories of facts that make up a family history and what documents should a client be asked to bring to interviews?
The main categories of facts making up a family history are employment history, facts on the marriage and deterioration, education and training, contracts involving spouses, children, trusts and wills, health history, contributions to each other’s development, debts and liabilities, insurance, real estate and personal property, tax returns, consulted professionals, assets of children, and expenses. Clients should bring the documents pertaining to the family history as requested by an attorney. Some of the documents involve marriage certificates, tax returns for the past three years, medical certificates, Title Deeds, registration of motor vehicles, bank account statements, current pension and healthcare cards, and investment details (Adelide, Undated)

10) What steps should an attorney take to preserve client confidentiality during an interview?
To preserve client confidentiality, it is important to have the interview in a private place to avoid outside parties from overhearing the conversation (Segal, 2012). The attorney should proceed with the interview without using the client’s names, but should use case numbers instead. The attorney should only discuss the client with people who are relevant to the case during the interview and refrain from allowing uninvolved parties from entering the room. Proper labelling of the interview document should also be done to avoid mixups when the interview is over.
References
Adelaide. (Undated). A checklist for your first visit to a family lawyer. Retrieved from https://adelaidefamilylaw.com.au/checklist-first-visit-family-lawyer/
Blueroom. (Undated). Primary vs. Secondary Authority. Retrieved from http://www.blueroom.com/legal/primary-secondary-authority.htm
Crawley, A. (2020). How to Prepare Yourself to Present Your Case. The People’s Law Library of Maryland. Retrieved from https://www.peoples-law.org/how-prepare-yourself-present-your-case
Domeier, T. (2020). Difference Between Primary & Secondary Authority. Retrieved from https://legalbeagle.com/8510071-difference-between-primary-secondary-authority.html
Fitzgerald, C. (2017). Ethical Issues in Family Law. Lafayette Bar Association. Retrieved from https://www.lafayettebar.org/files/1115%20am%20Ethical%20Issues%20in%20Family%20Law%20CLE%20Materials.pdf
Pierce, T. (Undated). The Duty of Confidentiality Under the Rules of Professional Conduct. Retrieved from https://www.wispd.org/attachments/article/240/The%20Duty%20of%20Confidentiality.pdf
Robbennolt, J., & Taskin, M. (2010). Can Judges Determine their own Impartiality? University of Illinois College of Law, 41(2).
Segal, P. (2012). Confidentiality in Interviews: What You Can Promise and What You Cant. The Ehical Investigator. Retrieved from https://www.ethicalinvestigator.com/confidentiality-in-interviews-what-you-can-promise-and-what-you-cant/
Statsky, W. P. (2014). Family law: The essentials. Nelson Education.
The Sander’s Firm. (2018). Substantive Due Process. Retrieved from https://www.thesandersfirmpc.com/substantive-due-process/

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