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

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

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

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

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

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

Memphis Divorce Attorney Larry Rice: on Attorney/Client Privilege 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

Discovering Discovery

This week, I was introduced to the “joy” that can be discovery, the pre-trial phase in a civil suit in which opposing parties can obtain evidence from one another. This is accomplished by requesting, for example, that the opposing party respond to specific questions or produce particular documents. I’d been warned by an attorney at our firm of the woes that so often accompany working on discovery—the tedium of poring over countless documents, the inordinate amount of time it can take to organize the jumbled mess of papers provided by clients, and the stress of having to persuade those clients who are loath to comply in any way with the opposing party, to cooperate. So, I confess, I was a little less enthusiastic than usual when presented with my first discovery assignment.

My job was to identify, copy, and label everything in the sizable stack of documents our client provided in response to the opposing party’s “Request for the Production of Documents.” I admit it, I was intimidated. Luckily for me, though, this particular client was also the Most Organized Person in the World. She typed her responses beneath the requests in blue, which provided a helpful contrast for my tired eyes; she created separate folders for each request, neatly stacked in order and filled with crisp, stapled copies of every single document requested; she even went ahead and made multiple copies of documents that were requested more than once.

My first experience with this aspect of the discovery process, I was reminded (a bit resentfully, perhaps?), was not the norm. But, even though this client made the process a relative breeze, it still took me most of an afternoon to finish. This introduction has shown me that it’s definitely in the client’s best interest to help make the often onerous discovery process move as quickly as possible for their attorney, which can be accomplished simply by putting documents in order (or by providing the requested documents in the first place). In turn, the client will save money and win the admiration and respect of law clerks everywhere.

Until next time,

Johannah O’Malley

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

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

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

Don't Let Law School Finals or a Divorce Ruin Your Holiday Season

Don't Let Law School Finals or a Divorce Ruin Your Holiday Season

      I am really looking forward to graduating from Cecil C. Humphreys School of Law in May.  I am excited to no longer hate November and December because of finals and can't wait to enjoy the holiday season once again.  I am determined to enjoy this holiday season despite the incredible amount of work I have to do to prepare for finals.  I have made my "attack plan" and am going to stick to it.  Throughout my day-to-day plan I have scheduled in times to relax with my family and do a few of the things I like most about the holidays.  The hardest thing is to truly unplug during those times and forget about the stress of finals.  That is the challenge I have to meet this year.  Thankfully, the attorneys and staff at Rice, Amundsen, and Caperton understand the stress law clerks go through this time of year.  I am lucky to work at a law firm that will give me time off to study and support me through finals. 

      Unfortunately the holiday season is just not stressful for law students.  The holiday season can be an extremely stressful time for families who have gone through or are in the middle of a divorce.  There are thousands of articles online that may help families cope with this stress.  Whether you are a concerned family member or someone in the family law profession, please take some time to read the articles out there.  Your suggestions may help a child have a happy holiday season and that is definitely worth the time.  I have included a few links below to some of my favorite articles dealing with divorce and holidays.  Enjoy!

http://www.huffingtonpost.com/christina-pesoli/o-come-all-ye-newly-singl_b_1952892.html?utm_hp_ref=divorce&ir=Divorce

http://www.huffingtonpost.com/news/holidays-divorce

http://www.psychologytoday.com/blog/divorced-children/200812/managing-divorce-and-children-during-the-holidays

http://www.divorcecare.org/holidays/downloads/helpingchildren.pdf

by: Tracy Cermak

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

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

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

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

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.

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

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

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!