Malpractice Award Can Affect Alimony
April 22, 2004
A New Jersey Superior Court Judge has found that money received by a wife in a legal malpractice settlement stemming from the divorce trial can be used to reduce or eliminate alimony. Moreover, a supported spouse could not pay an excessive amount for a new home and then complain she does not have enough money for savings.
Divorce Attorney Fees
April 22, 2004
More frequently than not, the divorce attorney will receive a call from the client who has paid his or her bill, inquiring as to what portion of attorney's fees paid can be deductible for income tax purposes. The client's accountant advised that he/she needed an opinion from his/her attorney and a letter allocating the deductible portion of what was paid for income tax purposes. The client may have paid a princely sum and will want to deduct as much as possible.
Lesbian Adoption Allowed in New York
April 22, 2004
In a case of first impression, a split New York State appellate court reversed a family court's order dismissing the adoption petition filed by a lesbian couple, and approved the adoption of a 5-year-old Cambodian girl. <i>Matter of Adoption of Carolyn B.</i>, CAF 03-01032, Appellate Division, 4th Department, March 24, 2004.
The Ethics of Double Billing
April 12, 2004
In this new article for <i>A&FP</i>, Professor Ross takes a fresh look at one of several vexing billing problems he explored in his 1996 book, "The Honest Hour: The Ethics of Time-Based Billing By Attorneys."
Pro Bono is Profitable: A CFO'S View
April 12, 2004
What is your law firm's definition of "pro bono?" Seems like a simple enough question, but ask any two lawyers or law firms what "pro bono" means to them, and you are likely to get two or even several different answers.
Legal Business and Employment Outlook: Recruiter Views
April 12, 2004
The following remarks are excerpted from "The Outlook for 2004: A Recruiter Roundtable." Lawyers, firms and corporate legal departments can all find reasons for optimism in over a dozen interrelated trends identified by this thoughtful panel.
Attractive Prospects for Suburban Law Firms
April 12, 2004
Two panelists in the Recruiter Views article note current economic trends that favor midsize firms. In this article, the managing director of a suburban midsize firm describes how to position such a firm for profitability.
'Stop, Drop and Roll'
April 07, 2004
Since the Supreme Court's decision in <i>McKennon v. Nashville Banner Publ. Co.</i> 513 U.S. 352 (1995), authorizing employers to contest back pay and front pay/reinstatement remedies if they acquire evidence during discovery that would have led to the plaintiff's termination irrespective of the disputed reason, employers have expanded the reach of their discovery efforts. The purpose: Find anything in the employee's background that the employer can argue would have led to the employee's termination anyway, thereby precluding the potentially costly remedies of back pay and front pay/reinstatement per the <i>McKennon</i> decision. This article posits some possible countermeasures for plaintiffs to employ in combating the "after-acquired evidence" defense.
One-Way Age Discrimination
April 07, 2004
Does the Age Discrimination in Employment Act (ADEA) protect an employee regardless of his or her age, once that employee turns 40? The EEOC's regulation provides that it does, stating that the ADEA works both ways once someone reaches protected status at age 40. Finding this regulation "clearly wrong," the Supreme Court recently held in <i>General Dymanics Land Systems Inc. v. Cline</i>, 124 S. Ct. 1236 (2004), that the ADEA does not protect younger employees who are treated less favorably than older employees.
