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Working Well with Custody Experts
When attorneys ask mental health experts' opinions, the experience is often frustrating, and the experts are less helpful than the attorneys had hoped. In an earlier article, we outlined the qualification and background of mental health experts. In this follow-up, we explore some problems that arise between experts and attorneys ' and offer some solutions.
Litigation
Recent cases of interest to your practice.
'This Guy Walks into a Divorce Lawyer's Office ''
The traditional adversarial system continues to draw criticism when aggressively applied to family law cases. Apart from the inefficiencies, impracticalities and associated costs of strongly competitive approaches, the reasons for abandoning these poorly conceived methods of dispute resolution should be obvious.
When Child Support Obligees Can't Pay
A suit to force New Jersey to appoint lawyers for indigent parents before jailing them for skipped child support belongs in state court, the U.S. Court of Appeals for the Third Circuit has ruled. The plaintiffs had contended that Family Part judges in New Jersey violated their civil rights by failing to inform them of their right to counsel and to have counsel appointed for them based on their indigency, and that, because they remain in arrears on their child support obligations, there is a likelihood that they will again be deprived of these rights because they will be obligated to appear in future contempt hearings.
Child Removal: A Matrimonial Litigator's Checklist
In matrimonial practice, the frequency of child removal litigation has increased exponentially. The growing number of corporate downsizings, business mergers and acquisitions, and the general growth in employment mobility are all likely to result in a continuation of this trend. This article, which provides a checklist of five areas of inquiry, is intended to help the family law litigator anticipate and prepare for the legal and factual issues presented when child removal is in issue.
Making A Colorful Impression
The power of color begins early. When youngsters get down on the floor with a big piece of paper and a box of crayons or markers, it doesn't take long before every color has been used. We all love color.
Strategies For Marketing During Wartime
With the U.S. and its allies at war with Iraq, one of the nation's largest marketing trade groups, the Direct Marketing Association (DMA), tackled what they view as the inevitable repercussions ' 'likely impact on the economy, consumer behavior, receptivity to marketing vehicles, and the possibility of reactive terrorist acts both domestically and abroad.' Based on the experiences of its members during the period post-Sept. 11, the anthrax scares and the 1991 Gulf War, the DMA offers suggestions on how to tailor direct and interactive marketing during wartime:
on the job
In Job Ads, Say What You Mean, Mean What You Say Do your personnel ads begin with glowing testimonials to the success and stature of the firm? This may…
Ask the coach
Q: Our research department gathers intelligence for us about prospects we intend to approach. How much, and what type, info should we seek about prospects' current law firm relationships?
Happy Accidents
I was at home enjoying a 'Sopranos' DVD I had rented. After watching the episode, I scanned the special feature: an interview by film director Peter Bogdonavich,…

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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