Family Law

4.81

Divorce Litigation Disasters: Common Mistakes to Avoid

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 52 minutes
Cary Cheifetz
Francesca Carinci
Jeanette Irby
Scott Smith
With Cary B. Cheifetz from A.Y. Strauss + 3 others
Recorded December 04, 2024
Product ID 99493

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Overview

Plan for Success - and Avoid Professional Embarrassment

Picture this: You're in the middle of your client's divorce trial, and you find out that you missed key evidence that is sure to result in financial consequences and increased stress for your client. Not only did you just lose the trust of your client, but also, your reputation is now on the line. Don't allow an oversight or any other type of error to derail your case. In this program, our expert practitioners reveal effective ways to avoid the top divorce litigation pitfalls. Don't overlook this opportunity to enhance your knowledge - register today!

  • Review your client intake forms to improve case efficiency and mitigate risks.
  • Avoid discovery pitfalls that often ensnare attorneys.
  • Understand when it's time to bring in an expert, as well as what type of expert to contact.
  • Overcome common evidentiary hurdles.
  • Find out how to resolve ethical issues in divorce litigation.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Erika MacCormac.

Abbreviated Agenda

  1. Planning for Success From Intake - Common Oversights
  2. Discovery Pitfalls
  3. Not Knowing When to Bring in an Expert
  4. Evidentiary Hurdles: Part 1
  5. Evidentiary Hurdles: Part 2
  6. Legal Ethics Pitfalls to Avoid in Divorce Litigation

Related Topics

Product ID 99493

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Planning for Success From Intake - Common Oversights

    1. Proper Intake Forms Have Full and Accurate Financial Information - Do Yours?
    2. Failing to Review All Options for Resolution - Settlement, Mediation, and Trial
    3. Hidden Dangers in Working With Clients With Mental Health Issues
    4. Plan Ahead for Trial Preparation With Clients - Review of Court Procedures

  2. Discovery Pitfalls

    1. Subpoena Duces Tecum for Out-of-State Third Parties
    2. Failure to Respond to Discovery Requests (Including Tips for How to Enforce Them)
    3. Legal Redress for Spoliation of Evidence
    4. Depositions With Upset Parties - How to Still Be Productive
    5. Authentication, Accuracy, and Access to Digital Evidence
    6. Failing to Organize Discovery Responses for Presentation at Trial
    7. Motions In Limine and Other Pre-Trial Discovery Motions - Avoiding Common Perils

  3. Not Knowing When to Bring in an Expert

    1. Financial Experts
      1. Tax-Planning Ramifications
      2. Valuation of Businesses
      3. Forensic Tracing for Co-Mingled Assets
      4. Impact of Bankruptcy Filing
    2. Child Experts
      1. Custodial Evaluations vs. Parental Capacity Evaluations - What They Can and Cannot Do
      2. Child Psychological Evaluation Limitations
      3. Guardians Ad Litem - Tips for Successful Interactions
    3. Real Estate Expert
      1. Valuation of Marital Residence
      2. Valuing Separate Interests in Real Estate
      3. What to Do When a Third Party Owns Real Estate With the Married Couple
    4. Mental Health Expert
      1. LCSW vs. MSW v. Psy.D v. MD. - The Type of Provider Matters
      2. Limitations of Psychological Evaluations in Divorce Litigation

  4. Evidentiary Hurdles: Part 1

    1. Direct Examination vs. Cross Examination vs. Impeachment of Witnesses
      1. Best Practices for Direct - and Mistakes to Avoid
      2. Best Practices for Cross - and Mistakes to Avoid
      3. Best Practices for Impeachment - and Mistakes to Avoid
      4. Pitfalls and Perils of Calling an Adverse Witness in Case in Chief
    2. Expert Witnesses - Dos and Don'ts for Testimony
      1. Designation as Expert Witness
      2. Authenticating Process and Basis of Testimony
      3. How to Best Introduce Expert Reports
      4. Rehabilitation Post-Cross or Impeachment
    3. Demonstrative Aids: Avoiding Critical Mistakes

  5. Evidentiary Hurdles: Part 2

    1. Child Testimony - Top Attorney Mistakes
    2. Hearsay Exceptions
    3. Do's and Don'ts of Presentation of Evidence
      1. Trial Binders for All Parties
      2. Clearly Labeled Exhibits
      3. Case Presentation Flow Considerations (Time Driven vs. Priority Driven)
      4. Digital Evidence Practical Considerations
      5. Court Reporters and Preserving Appeals

  6. Legal Ethics Pitfalls to Avoid in Divorce Litigation

    1. Attorney-Client Privilege and Confidentiality Traps for the Unwary
    2. Failing to Detect Conflicts of Interest
    3. How to Not Make Opposing Counsel the Enemy
      1. Collegiality in Contested Litigation
      2. Attorney Wellness Considerations
      3. Communications and Collaboration Where Possible

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Cary B Cheifetz
Cary B.
Cheifetz
A.Y. Strauss
Francesca Carinci
Francesca
Carinci
Francesca Carinci Attorney at Law
Hon. Jeanette A Irby
Hon. Jeanette A.
Irby
Juridical Solutions PLC
Scott E Smith
Scott E.
Smith
Taylor Law Partners, LLP
Speaker bio
Cary B Cheifetz

Cary B. Cheifetz

A.Y. Strauss
Cary Cheifetz

is of counsel and practices family law in Summit, New Jersey with the law firm of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. He devotes his practice to matrimonial and family law related matters, mediation, and arbitration, and serves as an expert witness on family law. Mr. Cheifetz is a diplomate of the American College of Family Trial Lawyers and a past president of the New Jersey Chapter of the American Academy of Matrimonial Lawyers. He has been appointed as the chair of CLE for the New Jersey Chapter of the AAML. Mr. Cheifetz is also an assistant secretary of the AAML Foundation and serves in this capacity for AAML on a national level. He also is a past chair of the New Jersey State Bar Association Family Law Executive Section, member of the Family Law Section of ATLA-NJ, and director of the New Jersey Chapter of the American Academy of Matrimonial Lawyers. Mr. Cheifetz is a member of the American, New Jersey State, Essex County (past president) and Bergen County bar associations. He is former chair of of the Essex County Bar Association's Family Law Executive Committee and a member of the Essex County Judicial Selection Committee. Mr. Cheifetz is a former member of the Supreme Court Board of Attorney Trial Certification (Matrimonial Law Committee), as well as a past member of the New Jersey Supreme Court Committee on Family Part Practice. He was co-managing editor of the New Jersey Family Lawyer. Mr. Cheifetz earned his B.A. degree from George Washington University and his J.D. degree from New York Law School.

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Speaker bio
Francesca Carinci

Francesca Carinci

Francesca Carinci Attorney at Law
Francesca Carinci

is a sole practitioner and small-town lawyer who will take a personal interest in your case and can give you individualized attention. She practices in the areas of family law, divorce and tax. Ms. Carinci regularly assists clients with tax related matters and QDROS. She is a trial attorney and former magistrate in domestic relations, as well as a former juvenile court magistrate. Ms. Carinci regularly practices in several counties such as Harrison, Belmont and Columbiana, as well as Jefferson. She has also practiced in Cuyahoga, Franklin and Stark counties. An experienced trial lawyer, Ms. Carinci has served as council on numerous nationally significant cases. She has been very active in the local community and serves on many boards for charitable organizations. Ms. Carinci has worked as an adjunct professor at Eastern Gateway Community College, teaching real estate law for over 23 years. She earned her B.S. degree from Franciscan University of Steubenville and her J.D. degree from Western Michigan University Cooley Law School.

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Speaker bio
Hon. Jeanette A Irby

Hon. Jeanette A. Irby

Juridical Solutions PLC
Jeanette Irby

is a retired Circuit Court Judge for the 20th Judicial Circuit of Virginia. She is currently managing director of Juridical Solutions PLC, where she mediates family law disputes which are most suited to alternative dispute resolution. Judge Irby is experienced in all areas of civil litigation, including complex business disputes, divorce (equitable distribution, spousal support and custody), and personal injury claims. Before going on the bench, she practiced law with her primary focus on domestic relations. Judge Irby earned her B.S. degree from Central Michigan University and her J.D. degree from Thomas W. Cooley Law School.

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Speaker bio
Scott E Smith

Scott E. Smith

Taylor Law Partners, LLP
Scott Smith

is a partner with Taylor Law Partners, LLP in Fayetteville. His practice focuses in the areas of civil litigation, criminal defense (federal and state), divorce, family law, domestic relations, personal injury and products liability. Mr. Smith earned his B.S. degree from Arkansas State University and his J.D. degree from the University of Arkansas. He is admitted to practice in Arkansas, as well as before the U.S. District Court for the Western District of Arkansas, U.S. District Court for the Southern District of California and U.S. Supreme Court. Mr. Smith is a member of the Washington County, Benton County, Arkansas and American bar associations; National Association of Criminal Defense Lawyers; Arkansas Association of Criminal Defense Lawyers; and the Association of Trial Lawyers of America.

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