Wednesday, October 31, 2012

Our motto at Rice Law is “Simply Tell the Truth.” I would like to put a Halloween spin on our motto for the day and say “Make Sure You Are Not Lioning!”

It is possible for a person to ruin a good case by not telling the truth.  Here are a few things to keep in mind:
1.        Do not lie about dating.  Although Judges do not like people “fooling around, “ they are not usually too angry when they hear about it.  Judges are much more likely to get made if they are being lied to. 
2.       Lying under oath can result in your going to jail for contempt of court or the crime of perjury. 
3.       Listen carefully to all questions during a deposition or testimony.  Make sure you understand the question, then take your time and answer the question.  You cannot give a truthful and accurate answer if you do not understand the question.
4.   Do not lie to your attorney.  It is important to tell your attorney everything you know even if it is bad for your case or is something you only suspect.  If the other side knows something, the information could be used against you, and your attorney needs to be prepared and able to defend you against it.

By: Tracy Cermak

Friday, October 26, 2012

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

Memphis Divorce Attorney Larry Rice discusses the purpose of Pendente Lite Support hearings in Tennessee. Pendente Lite, Latin for "pending litigation," is a good way to establish temporary child support until the final divorce hearing. Attorney Larry Rice explains that the Divorce Referee only considers income, expenses and the Child Support guidelines when deciding temporary support at the Pendente Lite hearings. Other factors that would contribute to granting a fault divorce in Tennessee do not hold much weight at a Pendente Lite hearing.To view this entire video, follow the link below:

Wednesday, October 24, 2012

Beyond the Books: My First Two Months as a Law Clerk

When I began my new job as a law clerk at Rice, Amundsen, & Caperton, PLLC, two months ago, I had never worked in an office, had been inside the Shelby County Courthouse only twice—though I grew up in Memphis—and had had an entire summer to forget what I learned about the law in my 1L year. I suspect that my naivety inspired something less than confidence in my new co-workers. But, as to this I can only speculate because, not once have I experienced anything other than their graciousness, kindness, and patience while I struggled with tasks they could do in their sleep.
In addition to learning how to outwit capricious office equipment while facing a deadline, I’ve learned how to file motions, observed mediation, watched my boss, Larry Rice, argue successfully in court, improved my research skills, drafted letters, and aided in trial preparation. 
These first couple months as rookie law clerk on the Rice Law team have been pretty good: I’ve gained invaluable practical experience, wonderful new friends and mentors, and—I’m happy to report—I’ve regained my enthusiasm about becoming a lawyer.

Monday, October 22, 2012

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

Memphis Divorce Attorney Larry Rice discusses the importance of not involving children in the divorce process. He recommends still parenting together by emphasizing each parents' love for their children and by not criticizing the other spouse in front of the children. Larry Rice also addresses the main components and faults of the Child Support Worksheet in Tennessee. He concludes by reiterating his point to parent together and to not talk badly about the other spouse.To view the entire video, follow the link below:

Friday, October 19, 2012

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

Memphis Divorce Attorney Larry Rice discusses how spouses should approach negotiating before signing the Marital Dissolution Agreement (MDA). He explains the complexity of the MDA and advises couples to seek counsel when it is time to draft the MDA. Larry Rice also suggests the appropriate setting for a successful negotiation between spouses before signing the Marital Dissolution Agreement.To view the entire video, please follow the link below:

Friday, October 12, 2012

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

Memphis Divorce Attorney Larry Rice defines legal separation and annulment. He explains that couples usually resort to legal separation because they are avoiding accepting the fact that the marriage is over and they need a divorce. However, under rare circumstances legal separation can be a good thing. Larry Rice also discusses annulments and describes them as alternatives to divorce when you find that the marriage was void from the beginning.

To view the entire video, follow the link below:

Wednesday, October 10, 2012

Observing Court through the eyes of a Rice Law law clerk

Court observation is extremely useful for law students, as it helps to cement legal rules in an aspiring attorney’s memory.  I have been fortunate to work for Rice, Amundsen & Caperton, PLLC because the attorneys make every assignment into a learning experience, including allowing clerks to observe court every Friday morning.
In law school, a student reads for eight to ten hours a day in books, and listens to professors illustrate the rules from cases during class.  This is learning the broad concept of the law, but leaves much to be desired in the memory retention department.  In college a student will cover and be tested on around six or seven chapters of a book in a test every few months.  In law school a student is tested on the entire book in a single test at the end of the semester. Thus, law students are essentially asked to memorize and recite five books of law for five exams in two weeks. This practice leads to students doing something called ‘short term memorizing’ the legal rules in order to pass tests.  The typical law student will quickly learn just what is needed in order to survive, and then forget the information so as to move on to memorizing more the next semester.  This makes the actual practice of law crucial for a student to really retain legal concepts.  
Nothing cements legal concepts as much as watching them in practice.  The law clerks at Rice, Amundsen & Caperton, PLLC are all hired from the pool of students at University of Memphis School of Law.  The law clerks are offered the opportunity to assist in drafting motions and then watch them be argued in court.  This active interaction with the law brings it to life.   Difficult subjects (such as civil procedure) become clearer when watching an attorney argue them live and in person.  Many judges and lawyers often state that one of the best things a law student can do to ensure they will succeed after graduation is to observe court.  The cases change every few minutes on a rotation of attorneys through the courtroom door, and as they change the student learns each new set of facts, issues, and rules of law. 
Later, when the student sits down to take her perilous law school exams, she will inevitably have a moment where she cannot remember the standard for alimony in a divorce case.  Then she will remember watching Larry Rice arguing before the court on a Friday morning, and it will all come flooding back to her.  Thank you to Rice, Amundsen & Caperton, PLLC for helping us learn!  

Monday, October 8, 2012

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

Attorney Larry Rice discusses the various legal grounds for divorce including, but not limited to, adultery, habitual abuse of alcohol or narcotics, living separately for more than two years, willful or malicious desertion, conviction of a felony, bigamy, and inappropriate marital conduct, which is the most common ground for divorce. He also defines fault and no-fault divorces, explaining the differences between the two types.To view the entire video, please follow the link below:

Friday, October 5, 2012

Memphis Divorce Attorney Larry Rice: on Domestic Violence in Tennessee

Memphis Divorce Attorney Larry Rice discusses the twists and turns of abusive relationships and the vicious cycle that couples in violent relationships become caught in. He also discusses the effects of spousal abuse on children and how the parent can take initiative and get out of the situation before the effects on the children and family escalate.

To view the complete video, please follow the link below:

Thursday, October 4, 2012

Sweet Treats at Rice Law

Today, Rice Law is enjoying some very sweet treats.

It means so much to Rice Law when a former client shows their appreciation for all of the hard work that we do. Today, we received a sweet treat from an old client who just wanted to say, "Thanks." A year ago, we helped this client settle a divorce and she continues to remain happy with her representation and with her results. She showed her appreciation by stopping by the office and dropping off a beautiful tray of fresh fruit and chocolate kabobs!

While we do love a sweet treat every now and then at Rice Law, nothing compares to the happiness we feel when we know that a former client of ours is happy with the work that we have done for them.
We hope your day has been as sweet as ours!

Wednesday, October 3, 2012

Managing Social Media

                Social media is a powerful tool used by businesses and individuals alike to market themselves to the public. With such easy access to the internet, people can usually find any information they might be seeking with the simple click of a button. Because social media, specifically the internet, is so accessible, it is important to manage what information is out there about you and/or your business.
                 Law firms, like most businesses, must market themselves in a way that is easily and quickly accessible to the public. It is common for law firms, such as Rice, Amundsen & Caperton, PLLC, to have their own websites, Facebook pages, Twitter accounts, etc... However, if you are going to use social media as a marketing tool, management is crucial, or else the benefits of social media could backfire.
                Because the internet is so widely accessible, the common occurrence of website hacking has become a serious problem in the social media world. There have been countless instances where the websites of businesses and individuals alike have been hacked and information has been changed to mislead the public.  What if your website was hacked and you didn’t know it? What if information was changed on your website to create a false representation of you and/or your business? These are serious questions that anyone with a website should keep in mind.
                Thus, the importance of social media management becomes crucial.  If you own a website for you and/or your business, remember to update it frequently, change the security preferences every now and then, renew the URL, and do whatever it takes to avoid being the victim of a hacker. It could be devastating to have misleading information about you and/or your business on the internet that is so easily accessible to the public.

Monday, October 1, 2012

Memphis Divorce Attorney: On Discovery in Tennessee

Memphis Divorce Attorney Larry Rice discusses the stressful components of the discovery process when going through a divorce. He elaborates on the rules of discovery and the challenges both the attorneys and clients face when preparing the discovery.To view the entire video, please follow the link below: