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2022 Basic Training: Family Law
Sessions closed!
Focus
CFLR's Basic Training: Family Law is a comprehensive program, designed and taught by experts in the field for lawyers and their support staff with limited experience in the practice of family law. It is also beneficial to family law lawyers who want a thorough review of best practices. This "how to" course takes you step-by-step in handling a marriage dissolution case, commencing with initial client intake and developing a competent case plan, seeking and resisting immediate pendente lite relief, and continuing through to judgment and post-judgment matters. We focus on current practice and apply the new and amended procedures and forms.
You'll learn the importance of each element of the family law forms - including the Petition and Response that begin the case, the Request for Order that initiates an OSC or motion hearing, the all-important Supporting and Responsive Declarations that can make or break your request for, or opposition to, interim orders, and the mandatory Declarations of Disclosure required to satisfy your clients' fiduciary duties. Our panel explains the substantive law and strategies to be considered in competently maneuvering through the many forms and procedures. The panel will also discuss practicing in the ZOOM era. No matter which side you represent, you will hear invaluable practice pointers from the experts.
Faculty
• Judge Thomas Trent Lewis (Ret.)
• Anne C. Kiley, CFLS
Course Highlights
PETITIONER'S CASE
• Initial client intake (fee arrangements; conflict of interest/ethical considerations)
• Prefiling fiduciary duty considerations and automatic temporary restraining orders
• Exploring nonlitigation options (mediation, collaborative law, etc.) and gathering information to prepare the case
• Where to file (jurisdiction, venue)
• Drafting the petition, UCCJEA forms, preliminary declaration of disclosure and related forms
• Preparing initial Request for Order - custody/visitation, support and attorney fees/costs; protective orders; applications for emergency orders
• Domestic violence proceedings
• Separate civil cases and doctrine of consolidation of related proceedings
RESPONDENT'S CASE
• Initial client intake (fee arrangements; conflict of interest/ethical considerations)
• Impact of automatic temporary restraining orders
• Attacking jurisdiction
• Drafting the response and determining appropriate requests for affirmative relief
• Responding to the initial Request for Order and preparing respondent's own Request for Interim Orders
FIDUCIARY DUTIES OF DISCLOSURE; DISCOVERY
• Discovery plans and interplay with fiduciary duties of disclosure
• Use of civil discovery tools in the family law arena
• Demand for production of documents from third parties and privacy considerations |
• Depositions of parties and expert witnesses
• Preliminary declarations of disclosure and final declarations of disclosure
• Duty of disclosure remedies
• Separate and community property; transmutations and title issues
CASE MANAGEMENT IN FAMILY LAW;
MEDIATION AND OTHER CONSIDERATIONS
• Family centered case resolution plans
• Mandatory child custody mediation
• Early neutral intervention
• Mediation in family Law; confidentiality exclusionary rules
• Limited scope representation
TRIAL PREPARATION AND ENTRY OF JUDGMENT
• Importance of findings and statement of decision
POST-JUDGMENT PROCEEDINGS
AND ENFORCEMENT
• Fam.C. §2120 et seq. set-aside relief - when and how
• Custody/support modifications: "Change of Circumstances" Rule
• Move-away requests (relocation of children)
• Enforcement of support
• Enforcement of judgment
• Termination of spousal support
• Other enforcement-related issues |
Course Materials
The course materials include a copy of the complete set of slides and worksheets used by the panelists, plus other supplemental materials.
Enrollees in the live-stream webinar will be able to download course materials before the program and view them online during the program.
18 Hours MCLE/Specialization Credits
Approval of specialization credit in Family Law has been granted by the California Board of Legal Specialization, and approval of MCLE credit for this activity has been granted by The State Bar of California in the amount of 18 hours, including 1.5 hours of Legal Ethics.
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