We won…but it is not over yet.

We won…but it is not over yet. Every legal drama would end at this point. In the real world the transcript of the judge’s ruling will be drafted into the final decree. Then the terms must be implemented and enforced. That is the project our client and the Rice Team will undertake in the weeks to come. And so we get ready for the next case, hoping justice will be as sure, but tempered with the knowledge that it seldom is the case.

We won… the ruling, but our client won more.

It took two-and-a-half years, almost three weeks in trial, and two weeks in deliberation for the judge to rule and do justice as he saw it to be. The court could not restore the parties to a happy marriage but its ruling vindicated out client’s good name, provided for the best interest of their child by adopting our parenting plan, and sparred our client as much as possible the financial consequences of the divorce. In the trial we just finished, we had an amazing client who recovered from the devastation of her spouse’s betrayal and moved from a stay-at-home mom to a professional in private practice. She leaves this part of her life with greater insight into herself and her capabilities, restored feelings of self-worth, acceptance of the events of her life and finally, a feeling of peace. This ruling left our client with a new sense of independence, a better appreciation for her child and her family, and a new outlook on her life. Lessons learned in a divorce case are expensive but they last a long time. No matter how skilled an attorney is or how well-prepared a case is, having a great client makes a world of difference. More to come…

Memphis Divorce Attorney Larry Rice's Introduction to Divorce in Tennessee

We won... but it was expensive.

We won... but it was expensive.

Divorces can be simple, if you’re lucky.  In this case, the judge found it to be the most litigated case he has seen in over 40 years of practice as an attorney and as a judge.  The opposing party went through five different attorneys at four different law firms, including a brief stint pro se (representing himself). 

The issues at trial ranged from simple hearsay objections to complex financial analysis to parenting issues - everything you can imagine, and a few you can’t. Two experts testified regarding parenting issues and, in a cliff-hanger, the judge upheld forensic CPA Rob Vance’s status as an expert to testify to financial issues.

The costs associated with such a contested case are devastating, not only financially but emotionally as well.  As my father said to me, “A good settlement beats a good trial.”  In this case the money spent on attorney fees alone would have made for a good settlement.

More to come…

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

Your Duty of Confidentiality May Be Expanding: What You Can Do To Protect Yourself

Your Duty of Confidentiality May Be Expanding:

What You Can Do To Protect Yourself

 by: Tracy Cermak

In the past, the duty of confidentially only required a lawyer to not reveal client confidences, unless otherwise permitted.  Recently, the Commission on Ethics 20/20 proposed an amendment to the Model Rules and the ABA adopted the amendment in August 2012. The amendment adds subsection (c) to Rule 1.6 and broadens the scope of Model Rule 1.6.  Model Rule 1.6(c) states, “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”  The amended rule obligates a lawyer to act affirmatively and reasonably to prevent a revelation of confidential information.  There are many precautions lawyers can and should take to protect themselves and their clients from the ethical and practical traps electronic communication can set.  Lawyers should use any means available to provide security and further the argument that they have made reasonable efforts to protect confidentiality. 

The use of passwords can further the argument that a lawyer made a reasonable effort to prevent the disclosure of client information.  Password protection comes in many forms.  Encryption programs permit email messages to be encrypted and transmitted in code so they can only read by a person in possession of the password that decodes of the message.  Encrypted email also has its limits.  For encryption to work both the sender and receiver must use compatible encryption programs, the email is only as secure as the passwords used to decode the message, and there is no way for the identity of the sender and receiver to remain confidential. The lawyer and client may also decide to utilize email providers that provide password protection to access to emails.  Securing the origination and termination point of the email by locking both computers with a password during times of inactivity may also prevent others from reading confidential emails and bolsters the argument that the lawyer took steps to prevent disclosure.

Gaining a client’s informed consent to use electronic communication and educating a client on the waiver of attorney-client privilege is a process that is mandated in some states and suggested by others. This proactive communication with a client may clear up problems before they occur.  It may be wise for a lawyer to obtain such consent from the client in writing before using email.

Disclaimers in the subject line of the email and in the email itself may also bolster the argument that the lawyer took reasonable steps to prevent disclosure of the client’s information. Placing a cautionary statement lends credibility to an argument that the communicator does not wish to waive attorney-client privilege.  The following statement is an example of a cautionary statement:

This email transmission contains information that is intended to be privileged and confidential.  It is intended only for the addressee.  If you received this email in error, please do not read, copy or disseminate it in any manner.  Please reply to the message immediately by informing the sender that the message was misdirected.  After replaying, please erase if from your computer system.  Your assistance in correcting this error is appreciated.

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