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Hearsay Evidence in Custody Cases
The rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases, especially where the custodial parent frequently remarries or lives with a new partner. Understanding the rule and its implications is critical to the effective representation of a client in a custody matter.
Hearsay has been defined as 'evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated. This ' … means not only an oral or written expression but also non-verbal conduct of a person intended by him as a substitute for words in expressing the matter stated.' People v. Caviness, 38 NY2d 227 (1975); See also Farrell, Prince ' Richardson on Evidence, 11th Ed., ' 8-101.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.