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Discovering the Illegible
At one time or another, most attorneys handling litigated custody disputes have obtained evaluators' notes, only to find them to be undecipherable. It is my position that when this occurs, evaluators bear the responsibility for having their notes transcribed at their own expense.
Model Standard 3.2(a) of the Association of Family and Conciliation Courts' Model Standards for Child Custody Evaluation states, in pertinent part, that “evaluators shall presume that their records are created, maintained, and preserved in anticipation of their review by others who are legally entitled to possess them and/or to review them.” A similar admonition appears in the American Psychological Association's custody guidelines. Guideline 16 reads: “All raw data and interview information are recorded with an eye towards their possible review by other psychologists or the court.” Simple logic suggests that if one is creating records “in anticipation of their review by others,” those who might wish to review the records need to be able to read them. Nevertheless, the AFCC elected to specify, in Model Standard 3.2(b), that records “shall be created in reasonable detail, shall be legible, shall be stored in a manner that makes expeditious production possible, and shall be made available in a timely manner to those with the legal authority to inspect them or possess copies of them.”
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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.
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.