Below is a listing of available book titles - check back frequently as the Section is consistently publishing new titles.
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This new book, edited by Forrest S Mosten, an experienced mediator and Collaborative practitioner, and Adam B Cordover, an attorney with insights as an emerging leader in the Collaborative movement, puts the spotlight on the wisdom and practice-derived insights of 25 authors who command vast experience in the trenches of their Collaborative practices.
A roadmap for efficiently and effectively helping even the most difficult clients to achieve their best possible outcomes, this book provides litigators, mediators, Collaborative professionals, mental health professionals, financial experts and allied professionals with new, inspiring, and practical tools. Pauline Tesler explains how this approach engages the unique problem-solving skills of lawyers to achieve settlements that customize outcomes in the way that few courts are able to achieve.
Mediation and alternative dispute resolution are a top priority for policy and programs in courts and family law professional organizations. Clients are asking about mediation and expect their family lawyers to be mediation-friendly, knowledgeable and competent. This updated edition is your complete resource for gaining knowledge and skills to attract clients interested in mediation and effective negotiation.
Improve settlement negotiation skills in your family law cases. Veteran family law attorney Gregg Herman discusses the many concepts in divorce settlement negotiation, explaining fundamental concepts and theories, the specialized aspects of divorce negotiation, and current and evolving topics in negotiation.
Designed to help all professionals – lawyers, mental health professionals, financial neutrals, and others – who practice in Collaborative Divorce, this book explains how conscious and unconscious marital dynamics, combined with the traumas of the divorce and previous situations, will be re-enacted in the Collaborative process. It provides both a theoretical and practical roadmap for navigating the Collaborative process from an emotional point of view.
Now fully updated, this is a much-needed resource to the significant changes to the law and practice of assisted reproduction (ART) since the prior edition. Drawing from multiple legal sources, including the ever-evolving number of court decisions dealing with various aspects of ART, this book presents complex information in a direct, balanced and fair manner. The authors explain the reproductive technology options available with relevant state statute summaries, discuss standards of care, evolving technologies, and more. The book also considers contracts and documents for ART as well as the ABA’s Model Acts Governing Assisted Reproductive Technology.
A nuts-and-bolts handbook to understanding and mastering the elements of an Assisted Reproduction Technology legal practice, this guide is written by practitioners who each have a legal practice focused on ART law. From the unique marketing and networking considerations to sample forms and agreements, this guide is a complete "how-to" for building an ART practice.
Giving attorneys insights and practical guidance on how to improve the collaboration between attorneys and parenting evaluators, this book examines all aspects of this collaboration. Looking at when this interaction occurs to the processes that can and should be implemented to prepare effective parenting plans for clients, the book also provides definitions of the roles of mental health professionals in parenting evaluations and the applicable laws and standards for each professional.
When handling an adoption case, the family lawyer guides the client through the types of adoptions, determining the applicable laws for a particular adoption, to ensure that it can be legally finalized in that jurisdiction. Now updated, this is an accessible resource for handling all aspects of an adoption case. Making it an useful desk reference, it explains the fundamentals of adoption law and provides detailed information, advice on client consultations, guidance for each step in the legal process, and an array of sample forms.
A respected legal resource, The Indian Child Welfare Act Handbook provides a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. This updated edition incorporates the hundreds of new legal decisions since the last edition, including the impact of the recent Department of Interior’s ICWA regulations and two critical Supreme Court decisions. The authors examine case law from courts around the country – this is an issue not confined to reservations and their border towns.
Children are the central focus in any custody case. Frequently, however, parents, lawyers, and even judges, lose sight of this. Opinions are evolving about how to keep the child as the case’s focus. One such opinion believes a child's voice should play a key role in any custodial arrangement. This opens a wide range of questions and concerns: why should we listen to a child, what potential concerns exist when listening to them, and how do we solicit their opinions? This book is written provide a framework for addressing those questions and providing the most productive answers.
A unique family law resource, this book by a psychologist with extensive experience in working with children, and an attorney who almost exclusively represents children in dependency court matters, reflects the real-world issues that are critical for working with child clients in dependency and family court settings. This is a clearly written and logical resource accessible to lawyers and related professionals at any level of experience.
To facilitate the creation of high-quality parenting plans, this book combines practical considerations along with extensive research, theory, and scholarly debate to present a thorough, focused, and useful guide for attorneys and related professionals. Beginning with the basic considerations for an effective plan, further chapters offer tools for attorneys and others to craft appropriate and workable plans for their clients.
The Hague Abduction Convention, Second Edition, provides a clear explanation of how the Hague Convention on the Civil Aspects of International Child Abduction works in the United States.
This clearly written guide provides family law practitioners with the practical knowledge and tools they need to analyze the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA).
How do you identify a child alienated by one parent against the other? This practical guide discusses all aspects of a case where an alienated child may be involved, from identifying the process to making the presentation in court.
This book takes a practical look at what special needs are, how they are relevant in the arena of divorce, and what lawyers can do to make the system work better for these children and their families. It examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and provides a model child support chart, parenting plan, and modification for these cases.
According to recent statistics, the number of both reported and substantiated child sexual abuse cases continues to increase. As a result, it is highly probable that most family law practitioners and judges will be involved in a case where an allegation is raised regarding sexual contact or activity between the child and a member of the child's family or household. Child Sexual Abuse in Civil Cases by Ann M. Haralambie cuts through the clutter of assumptions, myths, and preconceived ideas to provide a balanced, informative, and ultimately strategic guide to handling cases of abuse in non-stranger situations and the legal interventions available to the practitioner.
One of the most important tools a family lawyer can use in a divorce case is a lifestyle analysis: the process of tabulating and analyzing the income and expenses of the parties in order to confirm or refute a spouse's income claims, among many other uses. This updated edition discusses these subjects in logical, easy-to-understand manner, bringing clarity to a topic that can be confusing for attorneys and judges who often lack an accounting or finance background.
The relationship between the family lawyer and the forensic accountant can be an effective weapon in the advocacy arsenal. Forensic accounting can help family lawyers win cases while at the same time their clients are able to keep money which might otherwise be taken from them by the difficult and confusing divorce process. This updated edition of one the ABA's most popular resources explains the practice of forensic accounting and business valuation and how to apply it in family law cases. It provides a practice-focused introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, expenses, and more.
This popular resource provides a basic knowledge of all aspects of the substantive law of QDROs, with step-by-step explanations and discussion of advanced techniques for all stages of the drafting and approval process. This edition also includes sample language and clauses with commentary, as well as model letters, forms, interrogatories, and checklists.
Providing a practical guide to understanding, negotiating and dividing assets in the category of executive compensation. A clearly written roadmap, this book helps you avoid the common pitfalls associated with these complex assets and allows you to explain these issues to your clients.
A valuable and concise resource, this book supplies practical and current guidance on how bankruptcy law affects divorcing spouses and updates the relevant case law. Extensive appendices provide invaluable forms and resources for the family lawyer with handling a case where a bankruptcy is involved.
Now includes the Tax Cuts and Jobs Act of 2017! This classic reference explains how to use the 1040 return as a discovery tool in divorce cases, showing where to start a review and how to discover cash flow and the existence of assets. A line-by-line analysis of a hypothetical couple's federal tax form and its schedules provides guidance for drafting a detailed and effective discovery plan for assets and income.
An invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases, this book supplies hypothetical examples to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses.
Cost of capital is an essential aspect of the valuation of business interests, particularly in closely held entities. Providing attorneys, judges, and valuation experts with the most comprehensive survey of cost of capital case law across jurisdictions and venues, this is a comprehensive sourcebook for understanding the basis of a business valuation and for background in examining and cross-examining expert witnesses.
Comprehensive yet accessible, this handbook explains all aspects of determining the value of a business, including definitions of value, accepted terminology and bodies of evidence, and recognized valuation methods. Written by recognized authorities in the field, they explain how to dig beneath the surface to find the most pertinent facts and interpret the data.
A multitude of complex issues can be involved when handling the divorce of a couple who has achieved a level of personal and financial security. This book addresses how a divorce case is affected by estate planning established during the marriage, explaining how to review existing estate plans to avoid complications.
Over 14 million American workers now receive employee stock options – a number similar to the workers who belong to labor unions. It's highly likely that most family lawyers will at some point represent a client who has or is entitled to some portion of this complicated aspect of marital property. This is a handy, practice-focused guide to all aspects of employee stock options and their equitable division in divorce.
This book is, in essence, a step-by-step roadmap of everything you need to know about the financial aspects of divorce. It is a great resource to initiate self-empowerment and take control over your divorce.
A divorce may be the most important business and personal transaction that your clients will go through. This concise, user-friendly guide is written especially for clients. It is a road map that explains the entire process clearly and thoughtfully, helping them understand the process while clearing up some of the concerns and misconceptions that can occur during a divorce. Author Randy Kessler explains, step-by-step, the entire process of divorce, including how to select an attorney, know the questions to ask and the answers that are needed, how to prepare for trial, and much more.
A must-read for any family lawyer, this book helps you understand the specialized skills and knowledge necessary to build and manage a successful and rewarding practice. It takes a no-nonsense, nuts-and-bolts approach in explaining the most critical issues for developing a thriving family law practice.
Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This book provides a crucial step forward in matching individuals with the family law services they need.
Written by two experienced and respected leaders in the field of separation and divorce, this book is a roadmap for efficiently and effectively helping even the most "difficult" clients to achieve their best possible outcomes. Litigators, mediators, Collaborative professionals, mental health professionals, financial experts and allied professionals—from beginners to veterans—will find new, inspiring, practical tools they can put to use at tomorrow’s client meeting.
Efficiency is key to maintaining and building a legal practice, especially for family lawyers. This manual considers their unique routine and environment to assess the tech gadgets that will fit into a practice, focusing on tools that are mobile, accessible, and have a user-friendly interface.
Manage client questions about family law issues with this library of informative, client-friendly handouts. Forms cover both general and state-specific legal issues, explaining important information in an easy-to-understand manner, many in Q&A format, and can be modified to suit your practice and jurisdiction.
Written by a divorce trial lawyer for divorce trial lawyers, this hands-on manual provides forms, checklists and procedures for every aspect of family law practice. These are included on an accompanying CD-ROM and can be downloaded and customized for your own family law practice.
Clearly written and informative, this updated and expanded edition explains the most critical aspects involved in creating a premarital agreement. Includes a model agreement, sample letters and forms, and summary of the law in all 51 jurisdictions.
Make the strongest argument for your client with this in-depth research and analysis. Focusing on the legal issues of validity and construction in marital agreements, the authors demonstrate how identifying the best argument can benefit the client while avoiding potential drafting problems.
Now published in 2 volumes!
Military personnel are involved in the same domestic situations as civilians - divorce, separation, custody, support, and division of property. Yet when a military client is involved, many special issues arise that makes a divorce case more difficult. Covering all facets of representing servicemembers and their spouses in divorce, this comprehensive resource draws on Mark Sullivan's decades of specialized practice to provide clear explanations of key issues such as the Servicemembers Civil Relief Act and military retirement benefits as well as guidance on handling every aspect of a military divorce.
Pet Law and Custody provides synthesizes legal and ethical information on how the law affects pets with pertinent case law analysis. This is a very useful and well-crafted work for lawyers. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes.
Recognize, analyze, and address mental health expert issues encountered in cases with this quick and accessible reference. Examining issues through the dual prism the legal and psychological perspectives, the book offers a structured approach for developing clear direct examinations, sharpening cross examinations, and composing effective, compelling arguments to the court.
Family law matters are intimate, personal and touch upon people's most private treasures and issues. This perspective directly affects all aspects of domestic relations, including appellate practice. Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case.
Cross examination can make or break your case, making it the most lethal double-edged sword in the trial lawyer’s arsenal. Veteran family lawyer Stephen Gassman provides clear, focused guidance on how to improve and enhance your skills at cross examination to advance your case.
Issues of access to and the forensic use of electronic evidence are front and center to our social agenda—and nowhere are those issues more complicated than in family law. Who but a spouse knows your passwords and may share legal title to the accounts that control your family’s information? This state-of-the-art book explains the complexities of evidence as well as how to effectively integrate this knowledge into your family law practice.
One hundred days before trial may seem a long way off when handling a divorce case, but it can best be viewed as the beginning of a systematic approach to trial preparation. This book focuses on the process of creating a persuasive vision of the case prior to trial, using set points ahead of the trial to develop internal systems necessary to ensure thorough preparation for an effective presentation in court.
This book describes and applies the practical four-step PLAN Model, based in caselaw and professional psychology's literature to help lawyers organize, critique, and use psychological materials and testimony when examining experts and framing legal arguments.
This new, revised and expanded edition of Counseling Unmarried Couples will give you the tools you need to serve the legal needs of this growing segment of society. Beyond summing up legal rules and writing competent agreements, a representative of this market needs to integrate and interpret the legal rules for your clients in a realistic, comprehensible, and meaningful manner. Only by doing so can you effectively guide your clients, heterosexual and homosexual, in making wise decisions about their homes, their children, and their assets.
Offering practical advice on understanding the psychological dynamics often found in these cases, the authors use real-world examples and detail a logical process for critiquing the evaluation reports of others and analyzing the strengths and weaknesses of a case.
Written especially for lawyers handling divorce cases, this common-sense guide discusses to the fundamentals of evidence and how to use them to advance a case. With a focus on family law evidentiary issues, it explains concepts and theories in an easy-to-use format with Practice Points.
This step-by-step manual helps family lawyers navigate through the complexities of domestic litigation – a much-needed resource, as divorce lawyers spend more time in court than in other legal practices. Putting into words the lessons taught during the renowned Trial Advocacy Institute, this manual covers all aspects of a divorce trial, from gathering information in client meetings to organizing the case and bringing the issues and evidence to trial.