A Practical Guide to Advocacy in Family Proceedings


Book Description

Advocacy in the family court has a style of its own. Yet there is little training or instruction for the lawyer who has a heart to practise in this area. This handbook provides assistance for the newcomer to the Family Law court room. It puts together in one place useful information needed to conduct advocacy in the main areas of family law including divorce, financial applications, private and public children, injunctions and cohabitation claims. This handbook provides assistance for the newcomer to the Family Law Court Room as well as a resource for more experienced practitioners. Subjects covered include: Getting started as a Family Advocate Types of Court applications and hearings Pre-proceedings Preparation for Court hearings The Court hearing itself Fact Finding hearings Experts Cafcass and Local Authority Reports Court Bundles Litigants in Person & McKenzie Friends Position Statements & Skeleton Arguments Drafting Court Orders Appeals Enforcement of Court Orders ABOUT THE AUTHOR Stuart Barlow is a Solicitor who has practised Family Law for over 40 years. He conducts most of his own advocacy. Stuart is a member of the Law Society Children Panel, a former Chief Assessor of the Law Society Family Law Accreditation Scheme and adjudicator for the Legal Aid Agency. He presents training courses for family lawyers throughout England and Wales and is the author of three other published Law books.




Transgender Family Law


Book Description

Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.




Advocacy in Family Proceedings


Book Description

Advocacy in Family Proceedings: A Practical Guide seeks to restate the theory and established rules of good advocacy and to refine them in the light of the specific needs of family lawyers. This new book explores the voluminous writing on this subject generally and then applies it to the various types of family proceedings, including applications under the Children Act 1989 (private and public law); adoption; child abduction; ancillary relief; domestic violence; and appeals. The text is enlivened by numerous examples and incorporates the collective wisdom of family jurisdiction judges, leading barristers, solicitors and expert witnesses. In addition, Practice Directions, Protocols and Guidelines governing the presentation of cases in the UK are reproduced in the Appendix.




Victim Advocacy in the Courtroom


Book Description

Provides a deeply textured view of how victims' voices are introduced and heard in courts




Family Law Trial Evidence Handbook


Book Description

At the core of being a trial lawyer is a working knowledge of the rules of evidence: how to get evidence admitted or kept out in a contested trial or hearing. Procedures to authenticate exhibits are the building blocks of any case, and objections and their responses are the mortar. The Family Law Trial Evidence Handbook is a common sense guide to these fundamentals. Based upon the author's years of family law practice and from his teaching experience at the ABA Family Law Trial Advocacy Institute, this handbook is organized in a practical format that can work for all family law trial lawyers, regardless of whether they practice in a state that uses a variation on the Federal Rules or a common law body of rules on evidence. It combines the substantive knowledge critical to assist family lawyers understand the concepts and theories of evidence with a supremely useful format that ensures that the necessary information can be located and absorbed quickly. Topics include: The fundamentals of evidence Relevance Evidence of character and habit Hearsay and hearsay exceptions Judicial notice and presumptions Authentication of writings and other tangible evidence Original writing rule and the rule of completeness Competency of witnesses Evidentiary privileges Expert witnesses Examination of witnesses Tendering exhibits, objections, and offers of proof Procedures for streamlining admission of evidence Requests to admit facts and genuineness of documents Judges identify lawyers who can try cases well and appreciate their skill, and good settlements come from superior trial skills. It is axiomatic, but knowledge is power. This book is the starting point for lawyers pursuing excellence in divorce trial advocacy.




Reimagining Advocacy


Book Description

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.




Wrightslaw


Book Description

Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.




Art of Advocacy


Book Description

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout




Six Steps to Successful Child Advocacy


Book Description

Six Steps to Successful Child Advocacy: Changing the World for Children (by Amy Conley Wright and Kenneth J. Jaffe) offers an interdisciplinary approach to child advocacy, nurturing key skills through a proven six-step process that has been used to train child advocates and create social change around the world. The approach is applicable for micro-advocacy for one child, mezzo-advocacy for a community or group of children, and macro-advocacy at a regional, national, or international level. This practical text offers skill-building activities and includes timely topics such as how to use social media for advocacy. Case studies of advocacy campaigns highlight applied approaches to advocacy across a range of issues, including child welfare, disability, early childhood, and education. Words of wisdom from noted child advocates from the U.S. and around the world, including a foreword from Dr. Jane Goodall, illustrate key concepts. Readers are guided through the process of developing a plan and tools for a real-life child advocacy campaign.




Domestic Violence Advocacy


Book Description

Domestic Violence Advocacy: Complex Lives/Difficult Choices, Second Edition is a comprehensive and highly practical resource for anyone working with domestic violence victims. The essential elements and values of the victim-defined approach provide the foundation for a completely revised exploration of all victims’ perspectives and advocates’ roles. Authors Jill Davies and Eleanor Lyon draw on the far-reaching progress and increased knowledge of the field and delve deeply into the experiences of victims, their perspectives and decision-making, culture, and risks. Attentive to the real- world context of limited time, resources, and options for victims and for advocates, this enlightening text focuses on what is feasible and offers ideas for working within such constraints.