Monday, September 30, 2013
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.
Friday, September 27, 2013
Memphis Divorce Attorney Larry Rice speaks candidly on the significance of confidentiality agreements between clients and attorneys as well as between the clients and the employees. He also explains the exceptions of the agreement, such as the attorney's legal obligation to report any criminal intent suggested by the client's actions or words.
Wednesday, September 25, 2013
Everyone knows what it feels like to be stressed, overwhelmed, and worn out. Even the most organized people have seasons where they can barely keep their head above water. Whether these feelings come from just keeping up with the mundane idiosyncrasies of life or from an intense career profession, our time is often spent managing and controlling these negative emotions that can be detrimental to our physical and emotional health. In law school, the competitive nature of the program combined with the heavy work load lends itself to a “there is always work to do” mentality. While this mindset can be quite productive, it can all too easily suck the joy out of doing anything that isn’t on the “to do list” of the day. Even if I treat myself to an evening away from the books, my mind is burdened with the outlines I should be finishing, review problems I should be doing, and how my competition is gaining an edge on me by working an extra day. We often long for graduation, hoping it will bring mental freedom to our brains and afford us the ability to truly be present in our relationships. In reality, however, the burden of the “there is always work to be done” mentality never goes away, regardless of your profession. Just because this burden exists does not mean that we should succumb to it and let it take hold on our lives- we must prioritize and give effect to what is most important to us in order to salvage both our productivity and our sanity. I learned quickly clerking for Larry Rice that regardless of what important deadline we may be up against or what important event is impending, we always take time to celebrate each individual staff member’s birthday. Our secretary has a running list of every employee’s favorite cake for that very purpose. It drives home the point that our friends and family are a top priority and should be celebrated. In the end, it’s not our appellate briefs or great motion arguments that we will want beside us, but our loved ones. On the same note, Larry always encourages each employee to take an hour for lunch (preferably out of the office). He is a strong advocate for getting some fresh air and getting out of your workspace so you can return more invigorated and with greater mental clarity. Personally, I have realized how truly important it is to take some “me” time to get my mind right, especially in times of high-anxiety. Taking even an hour away from my work to drive down Poplar helps me to appreciate the small things (like happy hour at Sonic), and helps me keep a positive outlook. It’s amazing how my focus will improve after a quick drive listening to my favorite song with a Route 44 Strawberry Water in my hand. Sometimes, even in the midst of the struggle, you just have to treat yourself. Hold fast to your priorities because no matter what season of life you face, there will always be more work to do. The “to do list” will always be there, but your loved ones (and your sanity) won’t be.
Monday, September 23, 2013
Memphis Divorce Attorney Larry Rice discusses the importance of Relocation. Does the moving primary parent have a good reason to go? Mr. Rice recommends that you want to do what is in the best interest of the children.
Friday, September 20, 2013
Memphis Divorce Attorney Larry Rice discusses the conditions in which child support and alimony can be modified. He explains that there must be significant unforeseen circumstances such as a fifteen percent increase or decrease in the party's income in order for child support to be changed. Mr. Rice also discusses the differences between alimony in solido and alimony in futuro, stating that only alimony in futuro can be altered under certain circumstances.
Thursday, September 19, 2013
They say in life it’s the little things that matter; and at work that cannot be closer to the truth. If the morale at work is low, people tend to be dissatisfied with more and more. Conversely, if morale is high, people are more willing to work harder to do a good job. I got to thinking about office morale this week. Larry announced that this week was “Doggie Week” at work and we each could to bring our dogs to work for the day. Now, for those who do not know the love of a good dog, this may not sound like that good of an idea, but for 96% of the rest of the readers you understand what I am writing about. We love our dogs and want everyone else to love our dogs. This one gesture got us dog lovers even more excited to come to work on the day we brought our furry baby to work. Remember, it’s the little things. “Doggie Day” just got me thinking about all the other little things that make a big difference at work. Walking by the candy tray and sneaking a Butterfinger, or two; being able to schedule a massage on the firm right about the time law school is getting stressful; being remembered on your birthday; and having Larry make his morning rounds to make sure everyone is ok and that you have everything you need. These are the little things that make people feel appreciated and keeps morale around the office high.
Monday, September 16, 2013
Memphis Divorce Attorney Larry Rice speaks about the importance of resolving divorce cases early in order to avoid trial. Mr. Rice explains the specific steps necessary for a successful mediation by emphasizing the unique Rice Law Firm approach to mediation. He also highlights the key components of his distinctive approach, explaining the importance of portable equipment such as a laptop and a printer.
Friday, September 13, 2013
Memphis, Tennessee Divorce Attorney Larry Rice gives an overview of how to divide property in divorce cases. He explains the two different types of property: separate property and marital property. Larry Rice defines separate property as any property acquired prior to the marriage or received as a gift or inheritance during the marriage. He also discusses marital property and states that judges tend to consider other factors such as income and separate property when determining how to divide the spouse's marital property.
Wednesday, September 11, 2013
When most people hear the word “hoarder,” less than tasteful visions of TLC’s reality television show come to mind escorted by sensations of anxiety, claustrophobia, and panic that make even the strongest of stomachs queasy. Little do most people know, there is another species of “hoarder” that make a living off of their salvaging skills, and depend on their ability to do so in order to be proficient in their careers. Allow me to introduce you to the legal profession. Now when I say that lawyers are hoarders I do not mean that behind Larry Rice’s door you will find garbage in excess and an emotional resistance to removing any piece of trash from his office (though you will find a few dead animals in there so BEWARE). I am not implying that there is a psychological imbalance that accompanies every Bar member that requires them to host 75 cats and 125 dogs in a 1500sq foot house in Midtown. What I mean by “lawyer hoarders” is that each and every attorney has to pay an exquisite attention to detail in ensuring there is a copy or original of absolutely everything it is they do in their capacity as an attorney. Whether it’s keeping all personal notes while working on a case, making copies of correspondence before mailing it out, copying fax receipts, keeping all documents used during preparation for a hearing, drafting of a pleading, or trial, attorneys must make a habit of keeping absolutely everything to both protect themselves from malpractice lawsuits should they arise, for appeal purposes or even for further disputes in the future. Forgetting to make a copy or document work done on a case can be detrimental to an attorney and in some situations, can cost them their license. This advice is relevant to more than just attorneys however, because keeping and organizing all important paperwork is a habit we all should become accustomed to. Each attorney and paralegal here at Rice, Amundsen & Caperton, PLLC has a unique way of copying and documenting every move that is made on a day to day basis and has a way with making this hoarding business look attractive. You never know when you will need a certain receipt or proof that you, in fact, paid a bill; so keeping it in an easy to find place can save you time and money should any of these situations arise. Again, putting a little work in on the front end to organize and copy important documents can really save your tail in a time of need down the road.
Monday, September 9, 2013
Friday, September 6, 2013
Memphis Divorce Attorney Larry Rice speaks about Tennessee law for alimony. Mr. Rice's lecture enlightens listeners on the reality of alimony, including the different types of alimony and the factors that influence the final rulings for alimony in divorce cases.
Wednesday, September 4, 2013
From June 26, 2013 to today, September 4, 2013, I have had something hanging over my head. It has caused me to lose sleep and made me fearful just driving down the street. What was hanging over my head was a speeding ticket I picked up on the way to Tunica. As a non-speeder with a clean driving record this ticket carried with it visions of climbing insurance rates and horrific court costs and fines in Mississippi for this Tennessee girl. From the minute I drove away from the officer my mind was going. I knew I had not been going as fast as he said I was because my cruise-control was set and I began formulating my argument to the judge. Besides the speed, other factual errors were on the ticket and I formulated arguments around those as well. For over two months I thought about this ticket and how I was going to win in court. Today was the day! I pulled together my evidence which included the ticket itself, the registration for my car, a picture of my license plate, notarized affidavits from my friends who were in the car with me, and my cross-examination prepared for the officer. All exhibits were stickered and in folders in order of how I planned to introduce them to the judge. I also had originals and copies ready to give to the judge and keep for myself. I confidently make the claim that I was the most prepared person to appear before that judge to defend against a speeding ticket. I owe my preparedness to the education I am receiving as a law clerk at Rice, Amundsen & Caperton. Watching Larry Rice and his staff prepare for court greatly influenced my level of preparedness today. I arrived fifteen minutes early and sat in the packed courtroom. I listened to the other people go before the judge and as I sat there for the first hour the butterflies in my stomach began to lessen so I was glad for the wait. As I sat there for the next hour I was not only observing the judge, but all the commotion going on around the courtroom between lawyers, clients, and officers. After the second hour we were dismissed for lunch so I had yet one more hour to wait. When we reconvened, I knew my turn mas coming up quickly. The butterflies returned but I was ready and excited. This would be the first time I had made any argument before a real judge, this was the first cross-examination I would make with a real witness; and this could either go in my favor or go badly for me. Then, the judge called my name (mispronounced it actually but I would never correct a judge on that point). My folders in hand I approached the judge and confidently responded to his question, “Not guilty, Your Honor!” At that plea, the judge dismissed the charges because the officer was not in court. I said “Thank you, Your Honor,” turned and left. That was it? While I very much appreciate the disposition of my case, what a let-down! I was prepared and ready to defend myself and I said less than ten words to the judge? Yes, this is the way it works apparently. All-in-all, the outcome was to my advantage; my insurance will not be affected, no fines or court costs to pay, and as a bonus my Bar application still will say no moving violations on it. It felt good to walk into court prepared today and the rush I felt going into court, even on this little matter, makes me certain that I want to spend my law career in the courtroom.
Tuesday, September 3, 2013
Memphis Divorce Attorney Larry Rice talks about the forms of contempt and the consequences of violating a court order. He defines the two types of contempt, civil and criminal, and explains the various ramifications when one does not comply with a court order, ranging from a simple monetary fine to a more severe punishment such as jail time.