Appellate Practice: Matters Outside the Record
Cynthia J. Cornaire, Esq.
March 27, 2008
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You have completed custody litigation and your client lost. You file a Notice of Appeal and between the time of the lower court’s decision and your filing of the Brief and Record, the custodial parent goes into rehab for a crack cocaine addiction. Your client comes to you and wants you to add that information in affidavit or documentary form to the appellate record. What is your response?
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Who pays the costs associated with electronic discovery?
Cynthia J. Cornaire, Esq.
March 19, 2008
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The New York courts have distinguished the federal courts’ cost shifting analysis in electronic discovery from the general rule in New York that the party requesting disclosure of electronic records should bear the cost of their production.
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Preserving the attorney client privilege in electronic discovery
Cynthia J. Cornaire, Esq.
March 12, 2008
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Disciplinary Rule 4-101 and 22 NYCRR 1200.19 provide that it is an attorney’s ethical obligation to maintain confidences and secrets of clients and former clients. How is that accomplished when discovery is sought of law firm files which contain privileged and confidential information?
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Issues Emerge in Electronic Discovery Litigation
Cynthia J. Cornaire, Esq.
March 6, 2008
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Lacking specific guidance from the statutory guidelines set forth in Article 31 of the CPLR, the New York State courts are relying, in part, upon Federal guidelines to determine the scope of electronic discovery.[1]
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PRACTICAL STEPS TO A MORE COMPETITIVE & PROFITABLE FAMILY LAW PRACTICE
Timothy M. Tippins, Esq.
January 9, 2008
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The family law practitioner who wants a more competitive and profitable practice must focus on marketing and customer service every bit as much as on the law of domestic relations. That means determining what your target clientele wants when they retain a lawyer to handle their divorce o
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Holterman v. Holterman: A Warning Shot Across O’Brien’s Bow
Timothy M. Tippins, Esq.
October 11, 2004
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While the Court of Appeals addressed a number of family law issues during the past year, the most significant was its anxiously awaited decision in Holterman v. Holterman, which presented the long-vexing issue of duplicative awards in the context of equitable distribution vis-à-vis child support. This issue has begged for resolution ever since the court abolished the merger doctrine in McSparron
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Custody Evaluations - Part III
Timothy M. Tippins, Esq.
January 10, 2004
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As noted earlier in this column, the evaluations performed by mental health professionals have become a prominent feature of child custody litigation.[i] One of the important issues to be addressed at the onset whenever the court orders that a forensic evaluation be done is how to handle it procedurally. There ar
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Custody Evaluations - Part II
Timothy M. Tippins, Esq.
January 10, 2004
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The first article in this series dealing with child custody evaluations explored the controversy that exists within the mental health profession as to the limits of its expertise and whether the profession’s specialized knowledge is adequate to support specific custody recommendations.[i] It wa
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Custody Evaluations - Part I
Timothy M. Tippins, Esq.
January 10, 2004
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The role of mental health opinion in court has proliferated in recent decades and nowhere is its impact more profound than in child custody litigation. Week after week mental health professionals (MHP’s) file reports that do not stop with a mental status assessment of the parties but go beyond and reach the ultimate issue of what is in the best interest of the child, recommending specific custodial ar
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