The old saying goes that insanity is doing the same thing over and over again but expecting a different result. We see this play out in family law under many circumstances. The worst one involves child custody. Let’s say a mom is convinced that the dad is a bad guy,...
Evidence
Hazards of Ex Parte
Lately the news is buzzing with the issue of ex parte communications between a judge and a witness. For legal professionals, we understand the dangers ex parte communications can cause in any case, criminal or civil. Thus, we stand on guard to prevent or correct such...
Child Hearsay: When Can We Use it?
I hear it time and time again: clients asking why we cannot use the video or audio recording of their children in court. It can be so tempting to record your child saying that they don’t like going to dad’s house or telling you that mom yells at them a lot. And we get...
The Art of the Deposition
Long forgotten by many, and rarely used to its full potential by few, a deposition is a tool at the hand of any attorney who desires to use it. Depositions are governed by O.C.G.A. § 9-11-30 and allow any attorney the opportunity to ask a party, or a non-party,...
The Case of the Overzealous Advocate
Rule 1.3 of the Georgia Rules of Professional Conduct dictates that an attorney must act with reasonable diligence in representing their client. Further, an attorney should pursue their client’s legal action no matter the obstacles and may take any lawful and ethical...
To Provide Documents or Not to Provide Documents, That is the Question
Every case ultimately turns on a piece of evidence. One little document can change the course of your case. One piece of paper, one photo, one statement can change your life forever. Evidence is the lifeblood of litigation. It makes or breaks a case. When you are...
Evidence: Just How Stupid Do They Think We Are?
Sometimes witnesses say incredibly stupid things. They create evidence as they go. Here's a favorite:Lawyer: "Did you ever stay all night with this man in New York?" Witness: "I refuse to answer that question."Lawyer: "Did you ever stay all night with this man...
Gathering Evidence: To Snoop Or Not To Snoop
Tonight's post pondering the legality of snooping for evidence was written by our Marietta and Atlanta Family Law Attorney, Jeannine Lowery.To snoop or not to snoop? That might not be exactly the question Shakespeare posed, but if you're in a relationship where...
Careful With That Text, Eugene, It’s Evidence
Tonight's post about evidence is written by our Savannah attorney, David Purvis.As a family law attorney, sometimes the parties' written communications have made my job of building the evidentiary wall that wins their case immensely easier. My client has repeatedly,...