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

Types of Bankruptcy

There are numerous types of bankruptcy; however, for most individuals, bankruptcy claims will either be filed as Chapter 7 or Chapter 13 bankruptcy. Under Chapter 7 bankruptcy, individuals will attempt to discharge certain non-secured debts, as well as rectify outstanding secured debts through the sale of assets. In most cases, there are some debts that cannot be discharged and must be rectified, including tax obligations, criminal fines, or other secured debts. Specific assets like automobiles, retirement funds, and homes may also be exempt from the sale of assets portion of Chapter 7 as well. Consulting with a bankruptcy attorney can relay all of the specific actions possible regarding your unique assets and debt obligations.

Chapter 13 bankruptcy, which is entirely different from Chapter 7, does not involve the sale of any assets or the discharge of any debts initially. Rather, Chapter 13 bankruptcy allows for the restructuring of an individual’s finances in order to meet creditors’ demands, as well as generally reduce the amount of harassment and threats from creditors. In Chapter 13 cases, an attorney will work with a court-appointed Trustee in ensuring all of your debt obligations can be repaid over the given period of the restructuring plan.

How to Pick the Best Family Law Attorney for Your Divorce

Deciding which you should have represent you in your family law case is an extremely important decision and one that can be the difference between getting a fair result or a poor one. Here are some criteria that will allow you to improve your chances of hiring the best attorney for your case.

Experience and State Bar Board Certification

There is no substitute for experience when it comes to divorce attorneys and you should only consider hiring an attorney who is very experienced in the field of family law. Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do. This kind of thought is a major error. Ideally, you want a lawyer who is board certified in family law by the State Bar. This is a certification held by attorneys who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law. In most states this is an highly difficult certification for a lawyer to obtain.

Satisfied Previous Clients

The best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney. The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.

A Plan for Handling Your Case

It is usually an error in a family law case for a lawyer to apply a "one-size-fits-all" approach. In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation. This is generally a mistake. What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled. You wouldn't use a shotgun if you were trying to kill a mosquito and you wouldn't use a flyswatter if you were trying to kill a bear. You would use the best tool for the given situation. Your case should be handled in this same way.

Are You Comfortable with the Attorney?

Last but not least, you should be comfortable with and have a good relationship with the attorney. If for any reason you sense that you cannot communicate effectively with the attorney, then this is not the right lawyer for you and you should keep looking until you encounter the right attorny for your situation. It is of the utmost importance that you employ an attorney that inspires your confidence and that you are certain will keep your best interest at heart.

source : http://www.articlesbase.com/law-articles/how-to-pick-the-best-family-law-attorney-for-your-divorce-717497.html

New Bankruptcy Laws Will Affect Consumer Filings

The Bankruptcy Abuse Prevention & Consumer Protection Act requires debtors to pass more stringent guidelines to determine whether they can have their debts liquidated through Chapter 7, or whether they must enter a repayment plan through Chapter 13. Because the new laws make it more difficult for consumers to file bankruptcy, consumers should consult with a qualified Bankruptcy Attorney in their area, as listed on this site, to make sure they file the necessary forms to discharge debt.
How Will the New Bankruptcy Laws Affect Me?

There are many ways in which the new bankruptcy laws will affect debtors:

* A strict financial means test is now required that will prohibit many debtors from filing a liquidation bankruptcy under Chapter 7;
* Debtors must now receive a briefing from an approved credit counseling agency at least six months before they can file their bankruptcy case;
* Debtors must take an approved class on debt management techniques before they receive their bankruptcy discharge;
* A provision now makes it easier for a court to dismiss a bankruptcy case outright or to convert a Chapter 7 case to a Chapter 13 case; and
* A provision now permits a court to impose sanctions on attorneys, or even on debtors, for filing a Chapter 7 case that is dismissed or converted to a Chapter 13 case.

For more information, click here to download the Bankruptcy Basics brochure. To speak directly to an experienced Bankruptcy Lawyer, use the directory on this site to locate qualified legal counsel in your area.
How do Bankruptcy Attorneys Solve Credit Problems?

Bankruptcy attorneys handle all aspects of bankruptcy law and provide legal methods for an individual or commercial enterprise/business to either wipe out debts by liquidating assets and distributing them among creditors or resolve them by developing a court-approved reorganization plan, or other plan involving the repayment of creditors over time.

Bankruptcy lawyers explain the primary purposes and applications of bankruptcy laws and how they function to relieve individuals and businesses from indebtedness and provide a fresh financial start. Title 11 of the United States Code (the bankruptcy code) regulates the bankruptcy proceedings, including what chapter under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details concerning the bankruptcy.
Bankruptcy Proceedings

Bankruptcy attorneys practice two basic types of bankruptcy proceedings: liquidation under Chapter 7, and debtor rehabilitation involving a court-approved plan of reorganization and payment of the debts over a period of time using future earnings under Chapters 9, 11, 12 and 13.

The following provides general information on the five chapters of bankruptcy under which a debtor may possibly file:

Chapter 7:

Informally called "straight bankruptcy," Chapter 7 is a liquidation bankruptcy proceeding. The debtor turns over all non-exempt property (assets) to the bankruptcy trustee who then converts it to cash for distribution among the creditors. At the end of the proceeding the debtor receives a discharge of indebtedness (discharge notice) for all dischargeable debts, releasing him or her from personal liability for those debts.

Chapter 9:

Also known as 'Adjustment of Debts for a Municipality,' Chapter 9 is a federal mechanism for the resolution of municipal debts passed by Congress about 60 years ago. This form is similar to reorganization under Chapter 11, but it's only available to municipalities. Municipalities include cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

Chapter 11:

Also known as 'Reorganization,' Chapter 11 is normally the chapter under which commercial enterprises (businesses) or their lawyers file. This allows the business to continue its operations while repaying creditors concurrently through a court-approved plan of reorganization.

Chapter 12:

Also known as 'Adjustment of Debts of a Family Farmer with Regular Annual Income,' Chapter 12 provides debt relief to family farmers. Chapter 12 proceedings are very similar to those of Chapter 13 where the debtors or their lawyers propose a plan to repay debts over a period of up to three years, unless the court approves a longer period, no more than five years.

Chapter 13:

Also known as 'Adjustment of Debts of an Individual with Regular Annual Income,' Chapter 13 provides debt relief for individuals or consumers. Chapter 13 differs from Chapter 7 in the respect that it enables the debtor to keep valuable assets, like a house, while making payments to creditors (through the trustee) based on the debtor's anticipated income over the life of the plan, usually three to five years. At a confirmation hearing, the court either approves or disapproves the plan, depending on whether the plan meets the Bankruptcy Code's requirements for confirmation.
Should I Hire a Bankruptcy Lawyer?

If you are a consumer or business facing foreclosure, lawsuits, liens, repossession or wage garnishment, an experienced Bankruptcy Lawyer can find the best option to help eliminate your debt. Use our attorney directory to locate a qualified Lead Counsel Bankruptcy Lawyer in your area who can help you today.

source: www.lawinfo.com/fuseaction/Client.lawarea/categoryid/5