Friday, June 4, 2010

Major Resources for the New Family Law Attorney

While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article ‘‘Best Research Resources on Family Law,’’ Mich BJ 79, no. 2 (2000): 196 (hereinafter ‘‘Best Research Resources’’). Although the article is three years old, its excellent and comprehensive descriptions of the ‘‘best’’ resources in the field and citations to relevant federal laws are still useful. This list is intended to provide an updated list of the major resources likely to be of use to the new family law attorney. It is not intended to provide comprehensive identification or coverage of family law issues or resources.

‘‘Family law’’ is ‘‘[t]he body of law dealing with marriage, divorce, adoption, child custody and support, and other domestic relations issues.’’1 It is also referred to as the law of ‘‘domestic relations.’’ Other domestic relations issues encompassed by family law include matters relating to cohabitation, paternity, child abuse, juvenile delinquency, and domestic violence. As with other areas of law, family law practice is also related to and affected by other bodies of law, including bank„uptcy, pensions, and tax law as well as criminal law. Family law practitioners must be knowledgeable about related areas of law to ensure effective representation of their clients.

Getting Started in Family Law Practice

An excellent and current overview of getting started in family law practice is found in Chapter 1, ‘‘Family Law Practice Issues’’ in vol. 1 of Michigan Family Law, 5th ed., edited by Scott Bassett, Judith A. Curtis, Sherri L. Katz, Ann Arbor, Mich.: Institute of Continuing Legal Education, c1998 (kept up-to-date by loose-leaf releases). Chapter 1 includes tips on ‘‘developing and marketing expertise’’ as well as information on fee arrangements, client arrangements, and ethical and malpractice issues.

The first chapter of Family Law and Practice, edited by Richard S. Victor, St. Paul, Minn.: West Group, c1997 (kept up-to-date by loose-leaf releases) also provides useful information on ‘‘How to Open and Build a Family Law Practice.’’ This chapter includes a sample outline for an office operations man*al and information on records management.

More general information on starting a law practice is found in Chapter 1, ‘‘Opening a Law Practice’’ in vol. 1 of Michigan Basic Practice Handbook, 5th ed. Ann Arbor, Mich.: Institute of Continuing Legal Education, c2001 (kept up-to-date by loose-leaf releases).

Additional information about fee agreements and arrangements that may be particularly useful to the new practitioner is found in Attorney Fee Agreements, 2d ed., edited by Emma R. Stephens, Ann Arbor, Mich.: Insti*ute of Continuing Legal Education, c2002 (kept up-to-date by loose-leaf releases). ChapWers 1 through 3 provide general information on fee agreements, while Chapter 8 specifically discusses fee agreements in divorce cases.

Major Family Law Treatises

The two major treatises identified by Katz in ‘‘Best Research Resources’’ remain the most comprehensive in the field for the Michqgan family law practitioner, and will be especially useful to the new attorney beginning a family law practice.

Michigan Family Law, 5th ed., is a comprehensive two-volume work with authored chapters covering all aspects of family law practice in Michigan. Citations to relevant Michigan and federal law are provided in each chapter; forms related to the area of family law discussed in each chapter are also included. A detailed table of contents of the treatise is available on the ICLE website http://www.icle.org/products/ (search for family law books).

Family Law and Practice, edited by Richard S. Victor, St. Paul, Minn.: West Group, c1997 (kept up-to-date by loose-leaf releases) is a comprehensive three-volume treatise with chapters covering the full range of family law topics. Family Law and Practice also includes citations to federal and Michigan law, practitioner tips and forms.

source: http://www.michbar.org/journal/article.cfm?articleID=662&volumeID=51