Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

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.

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

http://www.youtube.com/watch?v=KDRhQgxZH2c

Clerking at Rice Law: by Jessica Farmer

I recently finished another round of final exams (Insert sigh of relief here). Fortunately for me, Larry and Nick Rice, having once been law students themselves, are very understanding and cooperative when it comes to my school schedule. They allowed me to take a couple of weeks off work to prepare for and take my final exams.

While preparing for final exams, I tried to wrap up all of my assignments and make sure that there were not too many outstanding tasks while I was out of the office. While doing this, I learned something very interesting: that is NOT possible! There is no “stopping point” in an ongoing case. There is no good time to take a couple of weeks away from the office because cases, much like people, do not stop.

Attorneys have to walk a fine line. They have to balance being available for their clients, whose cases have continued movement and are often unpredictable with taking a mental vacation to recharge their batteries. Attorneys need time to recharge if they are going to be available for their clients who need them.

How do you strike that balance? Well, that is something I am still learning. However, I have really good teachers who seem to have mastered the art of balancing, and I look forward to my years of learning from them.

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

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.

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

http://www.youtube.com/watch?v=P5Cwu4DRAvg

Clerking at Rice Law: by Chelsea Conn

When people ask me how my finals went, I usually just tell them they were “OK.” I leave out the part where my neck and back ached from being hunched over a desk for 12 hours a day, my knees hurt because I hadn’t moved in weeks, my head ached from cramming so hard, and my jaw was sore from grinding my teeth due to stress. I even got a blister yesterday from wearing normal shoes because I had been wearing house slippers to school for weeks.

Everyone knows that law school is difficult. I find that law school itself is not as difficult as studying for finals. The hours poured into studying for just one test can be kind of ridiculous. Nothing feels better, however, than opening up an exam and being able to spot all the issues. For a law student, the most refreshing feeling in the world is leaving an exam thinking you have over-studied, and that the exam was really not all that bad.

I see this process repeated in the lives of attorneys. For example, yesterday was a hectic day at the office when both Larry and Nick had to go to court. Everyone in the office was making sure they had everything they needed. The clerks and legal assistants loaded boxes of documents into the courthouse. The amount of preparation that goes into trial or any appearance before a judge is astronomical, much like studying for a final exam.

Trial is every attorney’s final exam, and the judge is the professor- you will either pass or fail.

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:

http://www.youtube.com/watch?v=9MCGn4jOwpU

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:

http://www.youtube.com/watch?v=i8mdqj1eUYA

Associate Special: by Erin O'Dea

Although I wrote the blog entry last week, a lot has happened to me this week, so I thought I’d share.

1) I’m the owner of a new dog, named Quincy, adopted from the Collierville Animal Shelter last Friday.

2) While at court this week, someone looked at me and assumed I was a lawyer for the first time. For those of you who have never met me or seen me, I’m 29, but I look closer to 16, so this was a big accomplishment for me to appear to be a grown-up. An example: I went to the movies with my Father not too long ago, and the guy selling us tickets looks at my Dad and says, “One adult and one child.” So of course my Father replies, “Uh, yes. Thank you,” and then looks at me like he just won the lottery and got away with murder at the same time. Dad is a coupon cutting, penny saving, “jeans never cost that much in my day” kind of guy, and I love him for it, but seriously Dad, it was just a couple bucks off of a movie ticket. So, like I said, it is a big deal to me when people think I’m an adult.

3) I also went to court for the first time BY MYSELF this week… I was just entering orders, but still, I had to talk to the Judge, and those court rooms are built to be intimidating! I was so afraid I was going to mess something so simple up, and no one would be able to fix it… (Please insert sound of impending doom here.) Fortunately, everything went smoothly. I did not fall as I walked up to the podium. My voice did not crack as I addressed the Judge. I did not forget that I could not hand my orders directly to the Judge, and get tackled or shot by the Bailiff. So, all together, I’d say I had a pretty successful first run. Murphy’s Law did not take over this time, though I’m sure Murphy is just waiting for me to be overly confident and under prepared…

4) I have also been told that I will be the lead during an actual upcoming mediation… That’s right, I’m slowly moving away from baby attorney status, and getting closer to playing the role of an adult attorney. Unfortunately, that role also comes with more liability, and nightmares about accidental ethical violations, so I guess there’s a trade-off. All I know is I’m going to be really prepared for this mediation, and ask all of the attorneys above me A LOT of questions over the next month. It might be annoying, but I’m trying to keep Murphy’s Law at bay. I have my work cut out for me.

Overall, this has been a week full of firsts and changes. It’s strange and energizing to look at events while they are happening, and know that specific memory is likely to be burned in your brain forever. I have had a week full of those moments. So, until next time… if there is a next time… this could be my last blog entry since we’ll be hiring new clerks after the holidays (memory made). Thank you again for reading my ramblings.

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:

http://www.youtube.com/watch?v=pJsDofb0eiw

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:

http://www.youtube.com/watch?v=ue6wmCnit-I

"Be Prepared.": by Erin O'Dea

“Be Prepared.”

You can thank the Scouts for that little gem. I was only a Girl Scout for a few days. (Yes, “be prepared” was also the Girl Scout motto.) I didn’t like the girly badges they tried to make us earn, like the “knitting” or “baking” badge. Although, those two badges would go on a short list of “cool hipster hobbies” these days. I’m no hipster; I’m not even hip. I wasn’t then either. I wanted to go camping or make fire; apparently those badges were only for the boys. I guess, as girls, we were supposed to “be prepared” for domestic bliss… Domestic bliss was not and is not my calling, but the Scout motto has re-emerged as my battle cry.
As a “baby attorney,” it is hard to always be prepared for everything, which makes it all the more important to work every day to make sure I am prepared. Mr. Rice teaches us to prepare for whatever might come our way. We walk into court or mediation with more equipment than the average U2 roadie. We have the paper file in boxes stacked on a dolly, three copies of all authority or documents we may have cited to in our pleadings, a laptop with the digital file, the digital file on a jump drive, a small printer, a small scanner, a bag of nuts (in case Mr. Rice’s blood sugar drops), pencils, pens, highlighters, sticky notes, tabs, extension cords, blank paper, notepads, the Tennessee Rules of Civil Procedure, the local rules, etc. I could keep listing, but you have to buy Mr. Rice’s 25th Anniversary Edition of The Complete Guide to Divorce, coming in 2012, if you want that kind of priceless knowledge!
Now, you may ask, “How does a bag of nuts or a printer benefit my client and me?” When you and your client have been at mediation all day, and the other side is suddenly ready to sign off on your Marital Dissolution Agreement and Proposed Parenting Plan, you’re ready! You can have a little protein to help focus your thoughts, pull up the previous proposed MDA and PPP from your digital file, make the changes the parties have agreed to, print off the updated MDA and PPP, and have the opposing party sign them right then and there. Boom! You’re done, and more importantly, your client is happy! The painful divorce process has come to a close for him or her. The other side didn’t have an opportunity to go home, change his or her mind, and decide he or she wanted to continue fighting over the hand-painted commemorative Elvis plate from QVC.
So, be prepared! Take everything you might need with you when you go to court or any place where you may settle an issue for your client. Your Dad isn’t going to yell at you for over-packing on this trip, but your client will thank you with referrals!

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:

http://www.youtube.com/watch?v=O4KaKl7OUMA

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:

http://www.youtube.com/watch?v=Z04mFE_t0TY

Clerking at Rice Law: by Blair Beaty

My boss, Mr. Rice, grew up around his father’s general practice and saw cases ranging from insurance claims, to malpractice, and, of course, divorce. In today’s world of law, however, the general practice is on the decline. The most obvious reason for this is that a specialized firm is, simply put, just better.

Let’s take family law, for example. When it comes to divorce, there are several advantages in hiring an attorney who specializes in family law.

First, the level of expertise that a specialized family law attorney brings to the court room is most likely unmatchable to an attorney at a general practice. The family law attorney has probably taken specific courses in (and out of) school directed at the practice of family law. They see cases day in and day out regarding one topic: divorce. These attorneys eat, sleep, and breath family law. Would you hire

Secondly, as mentioned before, the family law attorney sees divorce cases everyday. This allows the attorney to build objectivity and maintain an emotional detachment from your case. Don’t get me wrong, the attorney will definitely care about and respect your situation. However, maintaining their cool and calm composure will allow them to “see the forest through the trees” and ultimately achieve the best outcome for you. No one wants their attorney sobbing louder than them in a courtroom.

Thirdly, a firm specialized in family law will be extremely efficient in that field. The attorney will know the exact steps that must be taken and will be able to anticipate any problems. The attorney will be able to streamline a process that is already difficult and get you through it as quick as possible.

Lastly, the family law attorney will be familiar with the judges, court clerks, and other local divorce attorneys. The familiarity will speed the process along and possibly give you insight into the workings of your soon-to-be ex-spouse’s attorney.

Clerking at Rice Law: by Jessica Farmer

One of the best things about working as a law clerk is participating in case strategy meetings with attorneys. In the beginning, you feel a little out of place because you do not have much to add to the conversation. You might be able to chime in with an opinion, observation, or question here and there, but, at least in the beginning, you do not feel like an integral part of the strategic planning.

However, as time progresses, you gain more experience and sit in on more meetings. After a while, you are familiar with the cases and have more knowledge of the law. There is no greater feeling for a law clerk than those moments that you can contribute to the conversation, and your suggestions are not only well-taken but are a truly unique and creative application of the law to cases.

However, putting your contributions aside, the meetings continue to be a learning experience. First, you learn a little about how to fit the strategy of a case to the client. Some clients’ personalities fit certain litigation strategies. What is right for one client may be completely wrong for another.
Second, you learn a lot about different judges’ and lawyers’ styles and strategies. That seems to be an integral part of the strategic planning in any case. Your relationship with the opposing counsel can make a difference in the case almost as much as the client’s personality.

Finally, the part that I enjoy most, is watching and listening to experienced attorneys discuss and plan strategy. It is fascinating to listen to an attorney with years of experience discuss the ins and outs of litigation tactics. Their knowledge and understanding of a case and how to work within the law on a given fact pattern is something to be admired. It is also not something you can get from any law school class. As an added bonus, it gives me a goal. I want to work and learn until I can operate at that level. I always enjoy it when I can find motivation that pushes me to operate at my fullest potential.

I am grateful for the practical tasks that I am given each day at the office. However, sometimes, the most educational and meaningful experiences can be sitting around the conference table brainstorming and listening to those who have greater legal knowledge and are willing to teach you what they know.

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:

http://www.youtube.com/watch?v=6LMH2-vA7JE

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

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.

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

http://www.youtube.com/watch?v=I0Ru4ljMDQY

Clerking at Rice Law: by Chelsea Conn

As finals draw near, we clerks will be taking a leave of absence in order to do our very best on our exams. We will be dedicating days to studying everything from taxes to the Constitution. Next week will mark our final day at work for the Fall Semester. Looking back, I realize how very much I have learned here through the efforts of Larry Rice.

We have been granted every experience he has been able to offer. Through hard times and good, we have only become better students and we will use the skills we have used from this work experience in our challenges as attorneys.

Working and going to school was sometimes a difficult experience. It is often difficult to balance the demands of school and work, but this has been an excellent lesson in time management. We have had so much fun along the way, and we certainly have appreciated everyone’s dedication to helping us navigate our way through the legal process.

I know all of us will miss our work friends, and we appreciate all of their support and understanding during one of the most grueling and difficult semesters yet! I can’t wait until Christmas break when we come back again!

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

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.

To view the entire video, please click the link below.

http://www.youtube.com/watch?v=IxghSoRgYDQ

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

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.

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

http://www.youtube.com/watch?v=QP9b7-U36VY

Clerking at Rice Law: by Blair Beaty

As it turns out, I have more in common with both my bosses than just our devastating good looks and unmistakable charm (just kidding, folks)- We have all grown up around the law. Mr. George Lawrence Rice II, Larry’s father, built a very successful practice that Larry was involved in from a very early age. Nick, of course, was surrounded by the teachings of both his father and grandfather. Larry and Nick now operate as partners in their own firm. My own father, Douglas Beaty, a real estate attorney, gave me my first look into the world of law.

Growing up with an attorney as a father has its perks. When your 8, your dad can come to “Bring Your Parent to School Day” and talk about “putting the bad guys away.” When your 17, your dad can bail you out of jail for something that “probably wasn’t your fault” because “they made you do it.” When your 23, your dad can suggest some wonderful attorney’s who are dying to write you a glowing recommendation for law school. And when your 25, your dad might even be able to get you a spectacular clerkship with a well-known and respectable firm.

By the way, thanks Dad!

But all joking aside, being exposed for most of your life to the actual practice of law gives you the advantage of knowing the real ins and outs of the system. The arguments that win cases are not found in the classroom or casebooks but are created in the minds of the attorneys. Law school will teach you the correct terms and statutes to bolster your arguments but the process of building a case and working with the facts can only be truly mastered through actual experience.

You learn that how to talk to clients. For instance, having often seen my father interact with clients growing up, I know that you don’t call them up and say, “Hey, someone is in constructive possession of your title and therefore we must oust them before the statute of limitations runs.” Instead, you say, “Hey, someone is staying at your beach house without your permission. Let’s kick them off before it’s too late to file suit.”

You learn that the practice of law doesn’t always have to be done in formal settings. In fact, the office can be an extremely fun place to go. (Thanks, Mr. Rice!) Deals can be made over cocktails and settlements accomplished over lunch. As Mr. Rice says, “The goal of law is to have FUN!”

You learn that there are some practical issues that law professors tend to just skip over. For instance, Mr. Rice told me about an experience he had with his first year torts professor. The professor was going through the elements of a successful torts claim: duty, breach, and damages. “Excuse me, professor”, Mr. Rice said, “but I believe coverage would be a necessary element or else how will the attorney recover the damages?” Mr. Rice, after watching his father try several insurance cases, knew that without coverage to pay for the damages, an attorney would be dead in the water.

Growing up with an attorney as a father has been wonderful (and obviously educational) and has led me to where I am today. I feel so lucky to have followed in his footsteps and even luckier that I now have two more exceptional attorney’s whom I can watch and learn from.

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

Memphis Divorce Attorney Larry Rice discusses the importance of not snooping in a divorce case. It can get you in a lot of trouble. Watch out because you could be charged with a criminal sanction. Snooping will hurt you, more than it can help you.

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

http://www.youtube.com/watch?v=1ZEjLcEBqxE

When Times Are Tough, Rice Law Saves the Day

One of the most rewarding parts of being an attorney is helping people when it seems that all hope is gone. Recently, our firm took on a pro bono case for an individual when their case seemed to be going nowhere. We were able to turn her situation completely around and give her the results she had dreamed of.

Associate Special by Jan Lentz: Larry Rice CLE on Law Practice Management

Versatility. It’s one of the more useful traits to have when you’re trying to successfully manage a law practice.
Larry Rice effectively demonstrated this trait yesterday when the speaker for our monthly in-house lecture series had to cancel on short notice.

In yesterday’s seminar, Mr. Rice gave an overview of law practice management, including the ethical implications of mismanagement.
Mr. Rice stressed that law practice management, to be effective, must be something that happens all day, every day.
The practice of law is fun, and practicing law can be very profitable, but a law firm’s staff have to remain continuously focused on doing things the right way, every time.

Among other things, Mr. Rice discussed the importance of camaraderie among co-workers, and how giving periodic bonuses to employees for a job well done not only makes them happy, but makes them focused on, and take pride in, doing the job correctly. On a related note, Mr. Rice explained that it’s important to keep clients in the loop with what’s going on in their case, not only to make the clients happy, but also to comply with professional ethics rules. An effective way to do this is to forward to clients a digital copy of all documents coming into, and going out of, the firm on their case, via a secure email address.

Having a system in place for how situations are to be handled, which includes forms, policies, and procedures, reminds everyone in the firm what their job is, and provides a measuring stick for job performance. By letting employees know on the front end what their limitations are, especially with maintaining client confidentiality, the law partner or associate can prevent ethical problems for the entire firm down the road.

A final thought from Mr. Rice on how to handle employees that don’t do their job and make you miserable:
Fire them.

On that note, I’d better get back to work.

Clerking at Rice Law: by Jessica Farmer

Just Be Prepared

As a law student, I can say with a great degree of certainty that students hate it when a professor answers that one all-important question of “What should we expect for the exam?” with “Just be prepared, and you will be fine.” I am convinced that the sigh of devastation leaving the classroom can be heard around the world. When you hear that strange noise while you are sitting at home and ask, “what was that?.” Well, now you know; it is the sigh of disappointed students somewhere in the world who honestly believe that “Just be prepared,” is not any answer to any problem.

Well, in my short time working as a law clerk for Rice, Amundsen & Caperton, PLLC, I have seen more and more the value that exists in that wonderful, yet sometimes horrible little phrase. As a law clerk, I can honestly say that I have never seen an attorney approach a judge to ask, “Exactly what issues will you be focused on during the hearing next week, and what exactly do I need to say to win?.” Although, I must confess it would be interesting to see a judge’s reaction if someone ever tried that.

Law school is supposed to groom students to become attorneys, and as the faculty always say, it is supposed to teach us to “think like lawyers.” Well, if the professors were to just inform the class of all possible legal avenues they would be addressing and concerned with for the exams, students would not have any need to sit down and map out possible legal road maps in their minds beforehand. What a shame that would be!

Students are actually learning a valuable skill that will prove to be a necessary piece to the practice of law. Attorneys will always say that the best way to prepare for anything in a case is to know the facts, know the law, and be prepared. Always try to stay one step ahead. The question is, when have you reached one step ahead? When have you passed the opposing counsel’s preparation level? Ahhh, if only these questions were being asked of law professor, because the inevitable answer would be, “Just be prepared.”

If you are not preparing cases to your capacity, then you are not likely to be one step ahead. The important lesson here is to just prepare for any case as if the opposing counsel has a law professor sitting on his or her shoulder, saying “just be prepared,” just as we learned to do in preparation for law school exams.

Do not get me wrong, I would LOVE to know what is coming my way in my upcoming Legislation Law or Remedies exams, and I am sure that there are plenty of attorneys who would LOVE to have their next major trial issues scheduled and outlined with remarkable specificity for them. However, if we just follow the advice of so many who came before us and stay one step ahead, we will be prepared for whatever challenge comes along.

I am fortunate in that I am learning this at such an early stage in my life. I guess that when you have great teachers as a law clerk, you are fortunate enough to learn a lot of things a little sooner than the curve. That is just one step this law firm takes to make sure that future associates will “just be prepared.”

Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

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.

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

http://www.youtube.com/watch?v=KDRhQgxZH2c

Here at Rice, Amundsen, & Caperton we are all happy to help however we can! Today, receptionist Ada Askew helped by painting the walls in the office! She was hard at work all day sprucing up the offices, and everyone greatly appreciated her help. We all pitch in however we can - from changing the lightbulbs, taking out the trash, and keeping the kitchen tidy. The office is more efficient when everyone works together!

I can’t wait for the most exciting part of teamwork- helping the office decorate for Christmas!!

Clerking at Rice Law: by Chelsea Conn

I recently attended the Cecil C. Humprey's School of Law Pillars of Excellence Dinner. The banquet honored several Memphis area attorneys who had really set the bar (so to speak). The award dinner featured videos of the honored attorneys. Some had worked with Martin Luther King Jr. during the Civil Rights movement in Memphis. Some came from incredibly humble beginnings, while others inherited their business from generations before. Their stories were so interesting, and they were all amazing examples of what an attorney should be: professional, fair, and honest.

The thing that stood out the most to me that night was one quote from an honoree: "If you haven't earned the respect of your colleagues, you really haven't done anything."

Every attorney wants to win. Some try unfair tactics to gain an advantage. What you leave behind, however, is the impression that you can't be trusted. No one wants to have the reputation that they are untrustworthy or impossible to deal with. In fact, generating a reputation of respect can only help you. Other attorneys who know you are a good person and treat clients with dignity will be highly more likely to recommend you, as will other clients who have been treated with care and respect.

This is mirrored in law school. There are students known as "gunners". They answer every question, cut people off when they are making a point, and do their best to make sure the professors know who they are. They also lack the respect of their peers. It may not matter what we think of each other now, but law school begins your reputation as a professional, and some could be doing permanent damage as far as other students are concerned.

The point is this: winning isn't everything. No one will remember if you won every case, but they will remember how you treated them- and that lives on longer than any courtroom drama.

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

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.

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

http://www.youtube.com/watch?v=P5Cwu4DRAvg

Clerking at Rice Law: by Blair Beaty

My guess is that most people reading this right now have most (if not all) of the following accounts: Facebook, Twitter, Linkedin, and Youtube. And lets not forget about the several blogs they visit on a daily basis or their own personal blog they update on a daily basis.

How many people are using their social networking accounts to market their business/firm?

There has been a lot of debate on whether social networking is appropriate as a marketing tool for law firms. Some say that it isn’t the “traditional” route for drawing clients and that you lose the personal relationship when information is obtained over the internet. Others believe it does more harm than good by allowing dissatisfied clients to express their feelings to the entire web community. Still others just find it

To all the non-believers I would say consider the following pros of social networking:

• Credibility via testimony. It offers quick feedback from clients/employees, etc. Clients can write recommendations on your profiles or “like” your status.
• Repetition, repetition, repetition. If you keep seeing a certain name/word/symbol, it is bound to be stamped on your brain.
• You can link your accounts to one another. For example, your firm blog updates can automatically pop up on your firm Facebook page which then can be sent to your Twitter page.
• Details. Linkedin is especially good with mass content from Company overviews to individual associate profiles.
• Last, but not least, it’s FREE! That doesn’t mean you should broadcast everything about your firm but name recognition does help.

I could go on about all the positive things that social networking can do for your firm or business but instead I’ll ask you one question:

How did you find this blog entry? My guess is not through Google....

Point proven.

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:

http://www.youtube.com/watch?v=9MCGn4jOwpU

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:

http://www.youtube.com/watch?v=i8mdqj1eUYA

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:

http://www.youtube.com/watch?v=pJsDofb0eiw

Clerking at Rice Law: by Jessica Farmer

Doggie Day Care at Rice Law, through the eyes of Rookie Farmer:

My awesome owner, Jessica Farmer, took me to work with her for “Bring Your Dog To Work Day.” As soon as she asked me if I wanted to go, I spun around in circles and barked until we got in the car. I love driving downtown! There is so much stuff to see.

When we got to the office I got to see all of my old friends. Unfortunately, I also saw an old enemy, a big mean bear that Mr. Larry shot! Someone needed to shoot him; he is ferocious. That’s okay, I stared him down to show him who’s boss. After getting my belly rubbed by too many people to count, playing tug-of-war with a couple of clients, sitting in client meetings with my owner and Mr. Nick, and eating carrots in the clerks’ office with Ms. Erin, I was exhausted. No wonder people always look so tired after work. It is tough!

I cannot wait for the next “Bring Your Dog To Work Day!”

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:

http://www.youtube.com/watch?v=ue6wmCnit-I

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:

http://www.youtube.com/watch?v=O4KaKl7OUMA

Clerking at Rice Law: by Erin O'dea

If you can’t dazzle them with brilliance, baffle them with bull.
~ W.C. Fields

Obviously, from the quote I have chosen for this week’s blog post, I am talking about good advice for anyone faced with taking the Bar exam in the future. There are, at this very moment while I am typing this word, 10 days, 15 hours, 53 minutes, and 51 seconds left until the list of successful Tennessee Bar applicants is posted on the TBA’s website at noon on October 7th. People love to tell law school graduates, “Of course you passed the Bar! You’re smart.” My fellow law graduates and I would like to tell those people to try taking the Bar, and see if they still feel that same sense of calm and confidence. I doubt their comments following the exam would be anything along the lines of, “Of course I passed the Bar! I’m smart.” I took the Tennessee Bar in July, and I have been waiting for the results for almost nine agonizing weeks now. I studied more than I have ever studied for a test in my life, but I am still not completely confident I passed. Taking the Bar, you write, and bubble in so much, and regurgitate so much information, that, at the end, you just cannot keep track of what you may have said right or wrong.
In May, prior to taking my leave of absence from work to study for the Bar Exam, Mr. Rice called me into his office and gave me some excellent advice. He said, “Erin, fear the Bar… and you will pass. Don’t fear the Bar… and you will fail.” I heeded Mr. Rice’s warning. I became overwrought with fear. I would wake up from nightmares about coming to the exam late, or naked, which was even worse than the usual naked dream because I was so out of shape after sitting at a desk studying for three months, that Sainthood was more attainable than a waistline. I came to understand what a panic attack was, and then I finally got a grip. I realized what Mr. Rice was really saying. I would have to get over my fear. I would have to use my fear. I would have to really, really study.
My realization paired with my parents allowing me to move back in with them for almost a month so they could cook and clean for me, and do my shopping and my laundry, with any luck, created a recipe for my success. Yes, that is a shout out to my wonderful Mother and Father, Frances and Bob O’Dea. You’re the best, Mom and Dad! Thanks for supplying me with endless amounts of coffee, Diet Dr. Pepper, turkey sandwiches, and clean clothes! I promise to never stick you in a dingy old nursing home, but if it ever comes to that: Mom, you get an attractive and attentive male nurse; Dad, you get the same, but the female version, deal? All joking aside, I am lucky to have such supportive parents.
I am also lucky to work for Mr. Rice who insisted that I take off work for the entire three months between graduation and the exam to study. Mr. Rice understands, and taught me, that Bar applicants need to fear the Bar exam, then take that fear and use it. It is easy to look at the extremely high number of students from the University of Memphis who pass the Tennessee Bar, and assume that the exam is not as hard as people say it is, but that is not true. Attention future Bar exam takers: “FEAR IT.”
If, however, you do not see my name on that list of successful applicants on October 7th, please, assume it is a glitch in the computer system, because that is what I am going to do (especially after this long blog post about how much I studied; talk about embarrassing). According to everyone else, “I’m smart, and so of course I passed the Bar,” which is also the fantasyland I will choose to live in, for at least that weekend, if my name is not on “THE LIST.” Until then, I will continue to live in fear that the velvet rope that is passing the bar may not be lifted for me this time, but thankfully that fear is no longer crippling (talk to me October 6th at midnight, and I doubt I will sound this level headed, but for now the fear is manageable). At some point, after passing the Bar, when I am faced with MY first big case, and things just do not look like they are going to go my client’s way, I will remember what Mr. Rice said about the Bar… “fear it,” and I will hopefully use that fear the same way I used it to prepare for the Bar. I will get a grip. I will buckle down. I will work hard. I will not move back in with my parents, but I will give it my all, and if my client still loses, I will assume there was a glitch in the system.
I apologize for the very Bar centered post, but if you were in my shoes, this would be all you would be able to think or write about too. To add to what is becoming a post about good advice, I’ll leave you with one more W.C. Fields quote. Mr. Fields may have had an affection for the bottle, but he also had a way with words… “If at first you don’t succeed, try, try again. Then quit. There’s no point in being a damn fool about it.” ~ W. C. Fields

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:

http://www.youtube.com/watch?v=Z04mFE_t0TY

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:

http://www.youtube.com/watch?v=6LMH2-vA7JE

Clerking at Rice Law: by Jessica Farmer

“With Friends Like These…”

One of the most perplexing and yet, wonderful things about the legal field is the ability of lawyers to fight all day in Court but still respect each other at the end of the day…most of the time. What happens when two opposing counsels genuinely don’t get along? Well, I’ve had opportunities to see that unfold. I’ve seen attorneys raise their voices, make gestures in Court, and even cry.

The ugly truth of the matter is that although most attorneys respect one another for a job well done, some just do not get along. The important thing though, is that the attorneys (at least the ones that I am privileged enough to work for) make the issues in the case and their clients their top priorities. It takes restraint and diligence, but at the end of the day, professionalism and civility prevail.

I think this is an important lesson for people, both inside and outside of the legal profession. It is impossible to surround yourself every minute of every day solely with people you like. However, personal feelings do not have to impede your ability to have a good working relationship.

When attorneys have a job to do, a little respect and civility between them can go a long way. In fact, seeing someone you generally do not like going out of his or her way to be professional and respectful, may make some of that hostility disappear. I believe that this is a lesson I will continue to carry with me after law school and into my many years of practicing law.

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

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.

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

http://www.youtube.com/watch?v=I0Ru4ljMDQY

Clerking at Rice Law: by Chelsea Conn

The pressures of going to school and working can be extraordinary, but I have found that the key to getting through just about any situation is being prepared. Sometimes, you have to learn the value of preparation the hard way. Professors at law schools use something called the Socratic method in class, meaning they call on students at random to answer questions. This ensures that each student is prepared and ready to talk about the day’s assignment.

My first class in law school was a Torts class. The Professor called on a student, but she didn’t know the answer because she hadn’t read the assignment. Instead of making her leave, the professor decided that she should read the case while the class waited. It was an agonizing fifteen minutes for the class to sit silently while she read. Most of us could imagine ourselves in her position, and we felt embarrassed and sorry for her. After that, no one came to class unprepared, including her.

It is important for people to be prepared at school, but it is even more important for attorneys to be prepared at all times. I can’t think of a worse situation for an attorney than a judge deciding that a client should lose a case because their attorney was unprepared. It is one thing to lose a case, but it is unacceptable to cause harm to a client because of a lack of preparation.

Since preparation is so important, most of the time at the firm is working towards preparing a client’s case. All the ducks need to be in a row, so to speak, and everyone works towards keeping everything organized and updated. I think every attorney owes clients a duty to be prepared in front of the judge.

In the end, I think that is why professors use the Socratic method – to ensure that we are ingrained with the habit of staying prepared. If we can master the art of preparation, we can create new arguments and approaches to problems with ease. I am endlessly impressed with Mr. Rice’s focus on preparation at all levels of his firm. To my knowledge, no one at the firm has ever been unprepared to go to Court. Perhaps that is because that along with emphasizing preparation, the attorneys also have the qualities of competitive spirits and a genuine interest in their clients’ cause. Mr. Rice always stresses that the law is supposed to be fun, but I seriously doubt that anyone would be having fun losing cases because of their own personal failures. In order to have fun, you have to be prepared!

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

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.

To view the entire video, please click the link below.

http://www.youtube.com/watch?v=IxghSoRgYDQ

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

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.

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

http://www.youtube.com/watch?v=QP9b7-U36VY

Clerking at Rice Law: by Blair Beaty

Alas, school has started back and I am braving my second year as a 2L. Everything appears the same: same lovely classmates, same eccentric professors, and the same bad coffee in the bookstore. The only major change is that I am now attempting to balance work with school, and thank goodness for that.

Starting back in my third week as a student, I am already wishing for a motion to draft or a trip to the courthouse. As I settle in for another hour and half lecture, I can’t help but think about the knowledge I have gained while working at the firm…

…how to file a Complaint.

…how to draft an abundance of Motions and Petitions.

…how to draft a subpoena for different types of records.

…how to brainstorm on legal issues with a group.

…how to interact with clients and opposing parties in a variety of settings.

…how to keep track of my billable time in a detailed and organized manner.

And my personal favorite,

…wear the color “red” during a deposition or when questioning someone during a trial. It has been proven to distract people and cause them to make mistakes.

Most importantly, I have learned that actual work experience, at least in my humble opinion, far outweighs the classroom experience. I feel so lucky to be able to continue in my position at the firm during the school year and look forward to the new cases and opportunities that come my way. That being said, I leave you with a quote that encompasses my daily experience at Rice Law and urge all students to seek out an opportunity to gain knowledge through a work environment.

"We should come home from adventures, and perils, and discoveries every day with new experience and character." --Henry David Thoreau