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Full-Text Articles in Law
The Ethical Risk Of Experience, Barbara Glesner Fines
The Ethical Risk Of Experience, Barbara Glesner Fines
Faculty Works
Practice may make perfect, but in law practice, experience and specialization can actually increase some types of errors - leading to an increased risk of malpractice claims, disciplinary complaints, or client dissatisfaction. This article explores the question of why this may be so. The article first examines the phenomenon of increased malpractice and disciplinary risks for family law attorneys in general and experienced attorneys in particular. The central question this article examines is this, "Why might highly experienced and specialized family law attorneys find themselves facing the most severe of disciplinary sanctions or malpractice judgments?" The answers point to some …
Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston
Real Property Issues In Family Law: An Annotated Bibliography, Allen Roston
Faculty Works
No abstract provided.
Constitutional Issues In Family Law: An Annotated Bibliography (Part 2 Of 2), Allen K. Rostron
Constitutional Issues In Family Law: An Annotated Bibliography (Part 2 Of 2), Allen K. Rostron
Faculty Works
Significant constitutional questions often arise in the family law context. This is the second of two bibliographies, in this volume of the Journal of the American Academy of Matrimonial Lawyers, about constitutional issues in family law. It focuses on issues discussed in the articles in this issue of the journal.
Tenancy By The Entirety Property And Transfers To Trusts, Julie M. Cheslik
Tenancy By The Entirety Property And Transfers To Trusts, Julie M. Cheslik
Faculty Works
Lawyers practicing in the area of matrimonial law encounter the structuring of property transactions as their clients contemplate marriage, during the marriage, and upon dissolution of the marriage. At all three periods in the life of a marriage, whether for creditor asset protection purposes, estate planning purposes, or dissolution purposes, whether and how to deviate from the state's default property laws is of utmost concern for the matrimonial lawyer. Of special concern is how default laws intended to protect the spouses' marital estate from creditors - including the tenancy by the entirety estate - may be implicated or abrogated by …