By 2000, approximately half of all marriages were ending in divorces on no-fault grounds available in every state.
Division of marital property
Prior to the 1970s the only vehicle for providing for an economically disadvantaged spouse was alimony. 1970s, states began dividing marital property on the basis of equitable factors.
Forty years ago, judges essentially sole arbiters of disputes between adversarial parties. Today courts encourage parties to resolve differences through mediation and negotiation.
Public welfare system
states have taken steps to address the problem. Programs to determine paternity, establish child support awards based on child support guidelines, and enforce them.
attorney's duty not to reveal any information relating to representation of the client, not merely "confidences" or "secrets."
Conflict of interest
A situation in which someone in a position of trust, such as a lawyer, insurance adjuster, a politician, executive or director of a corporation or a medical research scientist or physician, has competing professional or personal interests
A method of compensation in which an attorney is paid only if damages are awarded to the client. Contingent fees are usually a percentage of the gross amount of the award.
Doctrine of respondeat superior
is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.
A process for avoiding conflicts of interest by limiting disclosure of information to certain attorneys or individuals within a firm or corporation, thereby building a metaphorical wall between the holders of information and colleagues who represent interests or hold opinions which conflict. Also known as a Chinese wall.
An order made by the court upon the application of one party to an action without notice to, or argument from, the other party. For example, an Ex Parte Child Protection Order might be issued in an emergency situation for purposes of protecting the child from harm or abuse.
Fee agreement A fee agreement is a contract between an attorney and a client.
What make an effective fee agreement
is executed at the outset of the representation, describes rights and responsibilities of both attorney and client, is written in plain terms and in the language of the client if he/she is non-English speaking, clearly describes the scope of the legal services to be performed , specifies fees for professional employees working on the client's case, identifies costs the client will be responsible for, including, filing fees, telephone calls, travel, and photocopying charges, spells out circumstances under which the attorney may terminate the representation
the legal duty of a fiduciary to act in the best interests of the beneficiary
Guardian ad litem
legal guardian a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.
In rem jurisdiction
jurisdiction over a particular property or thing
Two primary meanings of jurisdiction in the legal context:
A geographical location, such as a country, circuit, state, or county in which a certain body of law is governing or a particular procedure is required and The authority of a court to issue enforceable orders concerning:
jurisdiction over a particular type of legal matter
subject matter jurisdiction
jurisdiction over a particular person
Qualified Domestic Relations Orders (QDROs)
is a legal order subsequent to a divorce or legal separation that splits and changes ownership of a retirement plan to give the divorced spouse their share of the asset or pension plan. QDROs may grant ownership in the participant's (employee's) pension plan to an alternate payee, who must be a spouse, former spouse, child or other dependent of the participant.
a statement in legal and logical form stating something on behalf of a party to a legal proceeding beseeching: begging
Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state.