NJ and CT News
November 27, 2007
By reader request: A new column highlighting news in neighboring states.
Litigation
November 27, 2007
A recent case of interest.
A Novel Approach to Fee Collection
November 27, 2007
Lawyers whose clients refuse to pay their fees routinely file lawsuits and win judgments against them. Attorney Ellen Marshall's disputes with a former divorce client, however, have been anything but routine. Then again, Warren Matthei is no ordinary client. Matthei, a millionaire stockbroker from Summit, NJ, spent nearly a decade in jail ' first for refusing to pay child support to his ex-wife, and later for refusing to pay Marshall's attorney fees.
Equitable Relief from a Spouse's Tax Liability
November 27, 2007
Husband and wife typically sign joint returns as their aggregate income tax liability will, in most cases, be less on a joint return than it would be if each filed separately. Once a joint return has been signed by the taxpayer, however, he or she cannot avoid the liability for tax with respect to that return. This can lead to serious financial problems long after the year for which the return was signed.So-called 'innocent spouse' relief under ' 6015 may be available, but no one should assume that relief can be readily obtained. Recent developments make this very clear.
The Proposed APA Guidelines for Child Custody Evaluations
November 27, 2007
The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.
New Business Valuation Standards for Accountants
November 27, 2007
In June 2007, the American Institute of Certified Public Accountants (AICPA) approved new business valuation standards effective for assignments accepted after Jan. 1, 2008 for all member accountants. The AICPA's Statement on Standards for Valuation Services No. 1 (SSVS 1is a solid, well-reasoned set of principles on how to perform and report a valuation analysis. Matrimonial attorneys need to understand the impact of these new AICPA requirements to ensure that their clients benefit from the higher quality of work now expected, and to demand adherence to these standards when exposing poor work done by the casual valuation analyst.
Client Speak: Insiders/Outsiders
November 27, 2007
By now you've heard it thousands of times ' If you want to sell, know your target. If you're a lawyer, don't bedazzle them with nonpareil insights into Markman or Title VII or the best arguments in support of federal preemption in a product case. Your expertise is really a pretty cheap commodity no matter where you graduated law school. C-Suite buyers won't care; in-house counsel, who've heard it all before, are even less impressed.…
Technology in Marketing: Developing a Law Firm Web Site RFP
November 27, 2007
Imagine you want to build a new house and have interviewed three contractors to obtain bids for the job. One bid $100,000, another bid $200,000, and the third bid $500,000. How would you decide between them? The answer is you couldn't make an apples-to-apples comparison unless the contractors were basing their bids on a single set of architectural plans specifying size, materials and other construction details.Yet, when many law firms decide to build a new Web site, they solicit bids from vendors without first developing specifications detailing the desired features and functionality for the site.
Professional Development: Negotiating to Make Rain
November 27, 2007
Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.