Articles.
Read published articles I have written.
Expert Witness Discovery in Family Law Matters: Part I
California Lawyers Association Family Law News, Issue 1, 2020
Most trial lawyers are familiar with the adage: you should never ask a witness a question on cross-examination unless you already know the answer. The rationale behind this adage is that by asking such a question, you are inviting the adverse witness to inform the court of something you do not know or to explain away a point you were trying to make in your cross-examination.
Download Full Article
The Third Time’s a Success (As Were the First Two)!
San Luis Obispo County Bar Bulletin, May-June 2019
The 2019 San Luis Obispo County Minor’s Counsel Training was held in Pismo Beach on February 16 and 17, 2019. This was the third iteration of the program and the most successful to date.
Download Full Article
An Evidence Code Primer for Family Law Attorneys Part III: Documentary Evidence
California Lawyers Association, Issue 4, 2018
Some of the most persuasive and reliable, if properly authenticated, evidence in a family law matter is documentary evidence. Whether it is a photograph of a party’s injuries following a domestic violence incident, a school attendance log showing a child consistently being late for school during one party’s custodial time or that bank record showing the withdrawal of money from a joint account after separation, documentary evidence almost always carries greater weight than the testimony of a party.
Download Full Article
An Evidence Code Primer for Family Law Attorneys Part II: Documentary Evidence
California Lawyers Association, Issue 3, 2018
When litigating family law matters, the primary way in which attorneys can present their case is through the testimony of witnesses. This article, the second of a three-part series, discusses the specific Evidence Code sections to be considered when introducing or objecting to testimonial evidence.
Download Full Article
An Evidence Code Primer for Family Law Attorneys Part I: Documentary Evidence
California Lawyers Association, Issue 2, 2018
Sometimes, it seems as if the Evidence Code does not exist in family court, mysteriously disappearing when we enter the courtroom. Whether because of the lack of family law-specific courses concerning the Evidence Code or the lack of a treatise specifically devoted to the Evidence Code in family law, both the bench and bar regularly encounter instances in which the Evidence Code is ignored or misapplied in family law matters.
Download Full Article
The Yelp Decision: A Follow-Up to My Article on Attorneys and On-Line Reviews
California Lawyers Association, Issue 1, 2018
In Yelp, an accountant, Gregory M. Montagna, received a scathing review on Yelp.com (hereafter, “Yelp”) from a client, which he felt was defamatory. He filed suit, nam- ing the person whom he believed had published the Yelp review as well as a Doe defendant. He then served a subpoena on Yelp requesting documents that could reveal the identity of the anonymous reviewer.
Download Full Article
The Duties and Responsibilities of Minor’s Counsel Under Family Code Section 3042
California Lawyers Association, Issue 1, 2018
In March of 2017, I co-authored and moderated a webinar with the Honorable Timothy Staffel of the Santa Barbara County Superior Court (available through the Family Law Section’s MCLE on demand). The program addressed the issues raised by California Family Code section 3042, the statute that requires consideration of a minor’s preferences regarding custody and visitation.
Download Full Article
Why ESI Scares Me as a Solo Practitioner
California State Bar Family Law News, Issue 4, 2017
Each of us has specific, mandatory responsibilities when it comes to identifying, producing and securing our client’s ESI. The scope of those responsibilities can be daunting for the solo practitioner.
Download Full Article
Requesting a Statement of Decision: How, When & Why
California State Bar Family Law News, Issue 3, 2017
The necessity of obtaining a statement of decision was impressed upon me early in my family law career. My client had been given an adverse ruling that was ripe for appellate consideration. I consulted with an appellate specialist, who emphasized the importance of obtaining a statement of decision.
Download Full Article
When and How to Respond to Online Reviews
California Lawyers Association, Issue 1, 2017
As potential clients increasingly rely on internet reviews of you or your firm when deciding to retain you, managing and potentially responding to negative reviews is becoming a necessity. But the question is, how can you respond?
Download Full Article