CLIENT PREPARATION

HEATHER L. KING KoonsFuller, P.C.

181 Grand Ave., Suite 225 Southlake, Texas 76092

(817) 481-2710 heather@koonsfuller.com

JESSICA HALL JANICEK KoonsFuller, P.C.

181 Grand Ave., Suite 225 Southlake, Texas 76092

(817) 481-2710 jjanicek@koonsfuller.com

State Bar of Texas MARRIAGE DISSOLUTION 101

April 17, 2013 Galveston

CHAPTER 1

Heather L. King KoonsFuller

181 Grand Avenue, Suite 225 Southlake, Texas 76092

(817) 481-2710 / 481-2637 fax heather@koonsfuller.com

Education/License B.A., Texas Christian University, 1987 J.D., Texas Tech University School of Law, 1995 Board Certified – Family Law, Texas Board of Legal Specialization, December of 2000 Re-Certified – Family Law, Texas Board of Legal Specialization, December of 2005 Re-Certified – Family Law, Texas Board of Legal Specialization, December of 2010 Professional Activities Director, Officer & President, Tarrant County Bar Association 2003-2010 Director, Officer & President, Tarrant County Family Law Bar Association 1998-2003 Director/Officer & President, Texas Academy of Family Law Specialists, 2003 to 2012 Member and Officer, Family Law Council, State Bar of Texas, 2004 to Present Fellow, American Academy of Matrimonial Lawyers, 2005 to Present Fellow, College of the State Bar of Texas, 1999 to Present Member, Tarrant County Young Lawyers Association, 1996 to 2002 Associate Member, Barrister & Officer, Eldon B. Mahon Inn of Court, 1997-98, 2001-2005, 2007-2008, 2010 to 2011. Senior Counsel, American College of Barristers, 2001 to Present Member and/or Chairperson, Fee Arbitration Committee, Tarrant County Bar Association, 2001 to 2005 Member, State Bar of Texas, Family Law Section Checklist Committee, 2002-2003, Amicus Committee, 2004-2008, Parenting Plan Committee 2005-2006, Membership Committee 2005-2009, Legislative Committee 2010-2011, Awards and Scholarships Committee 2010-2011, Budget & Finance Committee 2010-2011, Publications Committee 2010-2011, Section History Committee 2010-2011, Mentoring Committee 2010-2011 Fellow, Texas Bar Foundation 2002 to Present Fellow, Texas Family Law Bar Foundation 2004 to Present Fellow, Tarrant County Bar Foundation 2004 to Present Awards/Recognition Friend of the Inn for outstanding contributions to Eldon B. Mahon Inn of Court, 2002 President’s Certification of Outstanding Achievement from Tarrant Co. Bar Assoc., 2003 Texas Super Lawyer, Texas Monthly Magazine 2003 to Present Who’s Who in Executives and Professionals 2003 Top Attorneys featured in Fort Worth, Texas Magazine 2003 to Present Top Fifty Female Attorneys in Texas, Texas Monthly Magazine 2004 to 2011 Top Fifty Female Super Lawyers, Texas Monthly Magazine 2006 to Present Top 100 Lawyers in Dallas Fort Worth, Texas Monthly Magazine 2006 to Present The Best Lawyers In America 2007to present Top Women Lawyers, D Magazine, 2010 Law Related Seminar Publications & Participation Author, An Attorney Ad Litem Is Really A Lawyer, Attorney Ad Litem Training Seminar 1997. Author, Trial Preparation & Planning, “Nuts & Bolts” Protective Order Seminar 1997.

Author, Challenging Characterization Issues: Characterizing Trusts, Employee Stock Options, Workman’s Compensation Claims, And Intellectual Property, Advanced Family Law Course 1997. Author, Some Changes In The Texas Family Code, Blackstone Seminar 1998. Author/Speaker, Uncontested Divorce Outline, Pro Bono Family Law Seminar 1998. Author, Factors Affecting Property Division & Alimony, Family Law Basics From the Bench, Tarrant County Bar Association Brown Bag Seminar 1998. Speaker, Practice Tips On Procedures At The Courthouse and Communicating With Court Personnel, Advanced Family Law Trial Skills Seminar 1998. Author, The Potential Effect of The New Texas Family Law Legislation Regarding Proportional Ownership, Equitable Interests, Division Under Special Circumstances, & A Look At New Legislative Provisions For Transmutation Agreements, Advanced Family Law Course 1999. Speaker, Recent Cases in Child Support, Possession & Access, 1999 Annual TADRO Conference 1999. Speaker, Filing Pleadings, Obtaining Settings, and Interacting With Court Coordinators and Clerks, Family Law Trial Skills Seminar, West Texas Legal Services PAI Program, 1999. Author, Discovery In Property Cases Under The New Rules, Advanced Family Law Course 1999. Author/Speaker, Drafting Family Law Pleadings: It’s Almost All In The Manual, “Nuts & Bolts” Family Law & Advanced Trial Law Trial Skills 2000. Author, Deciding When You Need A Jury & Conducting Voir Dire, “Nuts & Bolts” Family Law & Advanced Trial Law Trial Skills 2000. Author/Speaker, Proper Drafting and Filing of Pleadings, 26th Annual Advanced Family Law Course, Boot Camp 2000. Author, Discovery Gotta Haves: Essential Ideas for Discovery in Property and SAPCR’s, Marriage Dissolution Institute 2001. Author, Discovery, Advanced Family Law Trial Skills, West Texas Legal Services PAI Program 2001. Author/Trainer, “Proper Drafting and Filing of Pleadings”, “Nuts & Bolts” Family Law Seminar, West Texas Legal Services PAI Program 2001. Trainer, “Why Lawyers Lie”, “Nuts & Bolts” Family Law Seminar, West Texas Legal Services PAI Program 2001. Presenter, Winning Trial Techniques in Property Cases, Texas Academy of Family Law Specialists Annual Trial Institute 2002. Author/Trainer, “Proper Drafting and Filing of Pleadings”, 2002 Family Law Seminar, West Texas Legal Services PAI Program. Trainer, “Why Lawyers Lie”, 2002 Family Law Seminar, West Texas Legal Services PAI Program. Author/Speaker, Discovery & Mediation, 28th Annual Advanced Family Law Course, Family Law Boot Camp 2002. Panel Member, Use and Abuse of Legal Assistants, 28th Annual Advanced Family Law Course 2002. Speaker, Use and Abuse of Legal Assistants, Panhandle Family Law Bar Association November Luncheon, 2002. Author/Speaker, Drafting Trial Documents With An Eye Toward Winning, Advanced Family Law Drafting Course 2002. Author/Speaker, Discovery: Tools, Techniques & Timebombs, Texas Academy of Family Law Specialists Annual Trial Institute 2003. Author/Player, Associate Judge Do’s & Don’t’s, Tarrant County Family Law Bar Association 2003. Author/Speaker, Evaluating A Custody Case, 26th Annual Marriage Dissolution Institute 2003. Co-Director, Family Law Boot Camp, 29th Annual Advanced Family Law Seminar 2003. Author, Discovery in Hard Places, 29th Annual Advanced Family Law Seminar 2003. Speaker, Practicing Law For Fun & Profit, 29th Annual Advanced Family Law Seminar 2003. Author/Speaker, Internet Searches for Financial & Personal Information Useful in Family Law Litigation, Texas Academy of Family Law Specialists Annual Trial Institute 2004.

Moderator, Effective Courtroom Advocacy, Tarrant County Bench Bar Seminar 2004 Author/Speaker, Internet Investigation of Personal Information & Assets, Marriage Dissolution Institute 2004. Director, Family Law Boot Camp, State Bar of Texas Annual Meeting 2004. Author/Speaker, Drafting 101, Basic Drafting of Pleadings, Family Law Boot Camp, State Bar of Texas Annual Meeting 2004. Author/Speaker, Investigation of Personal Information & Assets, Tarrant County Family Law Bar Association, Summer Bar Seminar 2004. Author/Speaker, Investigation of Personal Information & Assets, State Bar College “Summer School” 2004. Author, The Life of a Grievance & The New Disciplinary Rules, What You Don’t Know Can Hurt You, 30th Annual Advanced Family Law Seminar 2004. Director, Family Law Boot Camp, 30th Annual Advanced Family Law Seminar 2004. Author/Speaker, Drafting 101, Basic Drafting of Pleadings, Family Law Boot Camp, 30th Annual Advanced Family Law Seminar 2004. Author/Speaker, Investigation of Personal Information & Assets, Legal Assistant’s University 2004 Author, Advanced CYA For The Family Law Attorney, Family Law Ultimate Trial Notebook 2004 Author/Speaker, Divorce Planning, Representing Small Business 2004 Assistant Director, Texas Academy of Family Law Specialists Annual Trial Institute 2005 Instructor, Marital Property, The People’s Law School, Fort Worth 2005 Author/Speaker, Marital Property 101, State Bar of Texas Spring Training, Fort Worth 2005 Author/Speaker, Effective Use of Psychologists and Psychistrists, 28th Annual Marriage Dissolution Institute 2005. Panelist/Moderator, Evidence and Discovery Workshop, 30th Annual Advanced Family Law Seminar, Dallas 2005 Author/Speaker, Internet Investigation of Personal Information and Assets, Tarrant County Bar Association September 2005 Luncheon. Director, Texas Academy of Family Law Specialists Trial Institute 2006, Reno, Nevada Author/Speaker, Avoiding Divorce Disasters, Representing Small Businesses, Dallas March 23-24, 2006 Panelist/Author, 29th Annual Marriage Dissolution Institute Bootcamp – Practical Aspects of Enhancing Your Practice, How To Lose A Paralegal In 10 Days, or Keep One for 10 Years, April 19, 2006, Austin. Moderator, 29th Annual Marriage Dissolution Institute, Electronic Evidence, April 20-21, 2006, Austin. Speaker, Being A Family Law Attorney, Tarrant County Bench-Bar, April 27, 2006, The Woodlands. Speaker, Ethics: Evidence, Discovery and Witnesses, Tarrant County Bar Association Brown Bag Luncheon, June 23, 2006, Fort Worth. Author/Speaker, 21st Century Issues Dealing with Nontraditional Relationships, 31st Annual Advanced Family Law Seminar, August 14-17, 2006, San Antonio. Speaker, UTCLE Parenting Plan Conference, Effective Strategies For Reaching Parenting Plan Agreements, October 13, 2006. Speaker, LexisNexis CLE, Learning to Make the Texas Family Code Work for You, Navigating the Family Code, October 20, 2006. Speaker, LexisNexis CLE, Learning to Make the Texas Family Code Work for You, Helpful Appellate References, October 20, 2006. Moderator, Texas Academy of Family Law Specialists Trial Institute 2007, Sante Fe, New Mexico, Electronic Evidence Panel. Moderator, 30th Annual Marriage Dissolution Institute, Electronic Evidence, May 10-11, 2007, El Paso. Co-Speaker, Interesting Appellate Cases, Tarrant County Family Law Bar Luncheon, May 22, 2007.

Speaker/Author, UTCLE Family Law on the Front Lines, Appellate Tips for Family Law Attorneys, Galveston, Texas June 28-29, 2007. Speaker/Author, Evidence, Keeping in In and Keeping it Out, 32nd Annual Advanced Family Law Seminar, San Antonio. Speaker, Appellate Considerations, Texas Academy of Family Law Specialists Trial Institute 2008, Sante Fe, New Mexico. Speaker, UTCLE 8th Annual Family Law on the Front Lines, Justice Behind Closed Doors: Protecting the Record, Your Client and Yourself In Chambers, Galveston, Texas June 19-20, 2008. Speaker/Author, SBOT Advanced Family Law Drafting, Discovery, Austin, Texas, December 3-4, 2008. Speaker/Author, UTCLE Parent-Child Relationships: Critical Thinking for Critical Issues, Discovery and Evidence, A Primer for Family Law Attorneys, Austin, Texas, January 29-30, 2009. Speaker/Author, SBOT Representing Small Business, Protecting Business Before Divorce: What Every Business Lawyer Must Know About Family Law, Dallas, Texas, March 26-27, 2009. Speaker, UTCLE, 9th Annual Family Law on the Front Lines, Electronic Evidence and Discovery, San Antonio, June 18-19, 2009. Director, 35th Annual Advanced Family Law Seminar, Dallas, Texas, August 3-7, 2009. Speaker/Author, SBOT The Ultimate Trial Notebook: Family Law, Effective Use of Prior Testimony, San Antonio, December 3-4, 2009. Speaker/Author, UTCLE 2010 Parent-Child Relationships: Critical Thinking for Critical Issues, Discovery and Evidentiary Issues in Substance Abuse Scenarios, Austin, Texas January 28-29, 2010. Speaker/Author, SBOT Essentials of Business Law, Business Succession Planning: Protecting Business In Divorce, Dallas, Texas, April 29-30, 2010. Presiding Officer, UTCLE 10th Annual Family Law on the Front Lines, San Antonio, Texas, July 1-2, 2010. Speaker/Author, 36th Annual Advanced Family Law Seminar, Evidence: In or Out? San Antonio, August 9-12, 2010. Speaker/Panelist, New Frontiers in Marital Property Law, Fiduciary Litigation and Other Financial Causes of Action, Scottsdale, AZ, October 28-29. Speaker/Panelist, American Bar Association Family Law Section Fall Meeting, Tech Torts and Related Difficult Evidentiary Issues, October 23, 2010, Fort Worth. Speaker/Panelist, NBI Handling Divorce Cases from Start to Finish, Exploring Custody, Visitation and Support Issues, and Ethical Perils In Divorce Practice, November 7, 2010, Fort Worth. Speaker, Tarrant County Court Coordinator’s CLE, Electronic Evidence and Social Networking, February 23, 2011, Fort Worth. Speaker, Tarrant County Bench Bar, Family Law In A Nutshell, April 2, 2011, Possum Kingdom. Author/Speaker, What Every Business Attorney Needs to Know About Family Law, Essentials of Business Law, April 14-15, 2011, Houston. Author/Speaker, Modern Evidence, 34th Annual Marriage Dissolution Institute, Austin, April 28-29, 2011. Presiding Officer, Family Law on the Frontlines, June 16-17, 2011, Austin, Texas. Author/Speaker, Electronic Evidence Issues, 2011 Family Law Seminar, Legal Aid of Northwest Texas Equal Justice Volunteer Program, July 21-22, 2011, Fort Worth. Author/Speaker, 37th Annual Advanced Family Law Seminar, Evidence, San Antonio August 1-4, 2011. Author/Speaker, Texas Advanced Paralegal Institute, Social Networking, Fort Worth, October 6-7, 2011. Speaker, Tarrant County Court Coordinator’s Luncheon, Evidence and Social Networking, Fort Worth, October 11, 2011. Moderator/Panelist, New Frontiers in Marital Property Law, Remedies in Property Cases, San Diego, October 13-14, 2011.

Author/Speaker, Drafting Family Law Discovery: Basic and Electronic, Advanced Family Law Drafting 2011, December 8-9, 2011, Dallas, Texas. Panelist, Introductory Notes, Lawyer Practice Notes and Panelist, More than Sex, Drugs and Rock & Roll: Evaluating Your Custody Case from a Psychiatric, Psychological and Legal Perspective, UTCLE, AAML, 2012 Innovations – Breaking Boundaries in Custody Litigation, January 19-20, 2012, Houston, Texas. Author/Speaker, Attacking and Enforcing Mediated Settlement Agreements, 35th Annual Marriage Dissolution Institute, Dallas, April 26-27. Speaker, Social Networking in Family Law and Electronic Evidence, Legal Aid of Northwest Texas EJV Program 2012 Family Law Seminar, Fort Worth, July 12-13, 2012. Speaker, A Sampling of Interesting Appellate Cases, Tarrant County Family Law Bar Luncheon, Fort Worth, July 21, 2012 Author/Panelist, Discovery, Keeping It In, Keeping it Out; Facebook; Social Networking, 38th Annual Advanced Family Law Seminar, Bootcamp, August 5, 2012. Author/Speaker, Evolving Evidentiary Issues in the 21st Century, 38th Annual Advanced Family Law Seminar, August 6-9, 2012. Speaker, Social Networking in Family Law and Electronic Evidence, Texas Advanced Paralegal Seminar, State Bar of Texas, Addision, October 3-5, 2012. Speaker, Social Networking, Texas Association of Court Administrators Annual Meeting, Fort Worth, Texas October 25, 2012. Speaker/Co-Author, Electronic Evidence Cases Every Family Law Attorney Should Know, Family Law Technology Course, Austin, Texas, December 13-14, 2012. Speaker/Author, Evidence Cases Every Family Law Attorney Should Know, Dallas Family Law Bench Bar, Dallas, Texas, February 8, 2013 Participant/Attorney, Texas Academy of Family Law Specialists Annual Trial Institute, Colorado Springs, Colorado, February 15-16, 2013. Law Related Periodical/Magazine Publications Author, “Beating Out The Big Firms”, Texas Lawyer, Vol. 18, No. 21, July 29, 2002. Interviewed/Quoted “Divorce 101”, Fort Worth Magazine, July 2003 edition. Author, “Basic Internet Searches for Persons and Assets”, The College Bulletin, News for Members of the College of the State Bar of Texas, Summer 2006 Law Related Books Co-Author, Texas Family Law: Direct & Cross Examination, Suggested Questions, Ideas & Outlines, Heather King, Bruce Beverly & Syd Beckman (Imprimatur Press 2000). Co-Author, Texas Family Law: Direct & Cross Examination, Suggested Questions, Ideas & Outlines, A Focus on Children, Heather King, Bruce Beverly & Syd Beckman (Imprimatur Press 2002). Co-Author, Texas Family Law: Direct & Cross Examination, Suggested Questions, Ideas & Outlines, A Focus on Property, Heather King, Bruce Beverly, Syd Beckman & Randal Wilhite (Imprimatur Press 2004). Co-Annotator for Lexis Texas Annotated Family Code 2007-Present. Co-Author, Protecting Your Assets From A Texas Divorce 2nd Ed. (PSG Books 2009).

Jessica Hall Janicek KOONSFULLER, PC

181 Grand Avenue, Suite 225 Southlake, Texas 76092

817 481-2710 voice 817 481-2637 facsimile www.koonsfuller.com

jjanicek@koonsfuller.com

EDUCATION B.B.A., Marketing, Baylor University, 2006 J.D., Cum Laude, Texas Wesleyan University School of Law, 2009

LEGAL EXPERIENCE KOONSFULLER, PC. Associate, January 2010 – Present

• Practice limited to family law. • Experience handling complex divorce litigation, child custody proceedings, and multiple family

law appeals.

PROFESSIONAL ASSOCIATIONS Member, Baylor University Alumni Association, 2006 – Present Member, Kappa Delta Alumni Association, 2006 – Present Member, State Bar of Texas, 2009 – Present Alumni, Houston Family Law Trial Institute, 2010 Member, Tarrant County Bar Association, 2010 – Present Member, Tarrant County Family Law Bar Association, 2010 – Present Member, Dallas County Bar Association, 2010 – Present Member, Texas Young Lawyer’s Association, 2010 – Present Member, Tarrant County Young Lawyer’s Association, 2010 – Present Member, Tarrant County Appellate Section, 2011 – Present Member, Appellate Section—State Bar of Texas, 2011 – Present Member, Eldon B. Mahon Inn of Court, 2011 – Present Active Member, Junior League of Fort Worth, 2011 – Present

AWARDS/RECOGNITIONS

Fort Worth, Texas Magazine Top Attorneys 2012 Texas Lawyer’s Legal Leaders On The Rise (25 Selected in Texas) 2013

LEGAL PUBLICATIONS/PARTICIPATION Interviewed/Quoted, Fact vs. Fiction: First-Year Associates Dish About “The Deep End”, Texas Lawyer Magazine, February 1, 2010. Co-Editor, Texas Annotated Family Code, Published by LexisNexis, 2010 – 2012.

Co-Author, Exploring Custody, Visitation and Support Issues, “Handling Divorce Cases from Start to Finish”, National Business Institute, November 7, 2010, Fort Worth, Texas. Co-Author, Drafting Family Law Discovery: Basic and Electronic, Advanced Family Law Drafting, December 8-9, 2011, Dallas, Texas. Co-Author (Introductory Notes and Lawyer Practice Notes), More than Sex, Drugs and Rock & Roll: Evaluating Your Custody Case from a Psychiatric, Psychological and Legal Perspective, “Innovations—Breaking Boundaries in Custody Litigation”, UTCLE, AAML, January 19-20, 2012, Houston, Texas. Co-Author, Attacking and Enforcing Mediated Settlement Agreements, 35th Annual Marriage Dissolution Institute, April 26-27, 2012, Dallas, Texas. Co-Author, Discovery (Getting It In and Keeping It Out), Facebook and Social Networking, 38th Annual Advanced Family Law Seminar: Bootcamp, August 5, 2012, Houston, Texas. Author, Discovery in Divorce, “Family Law from A to Z”, National Business Institute, October 2, 2012, Houston, Texas. Co-Author, Electronic Evidence Cases Every Family Lawyer Should Know, Family Law Technology Course, December 13-14, 2012, Austin, Texas. Author, What You Tweet Can And Will Be Used Against You, North Texas Magazine, March 1, 2013, Fort Worth, Texas.

TABLE OF CONTENTS

I. INTRODUCTION ....................................................................................................................1

II. MANAGING CLIENT EXPECTATIONS. .............................................................................1 A. Examine Client’s Personality ............................................................................................1 B. Create A Game Plan ..........................................................................................................1 C. Educate Your Client On the Law ......................................................................................1 D. Communication is Key ......................................................................................................2 E. Attorney’s Fees ..................................................................................................................2 F. The Team Approach ..........................................................................................................3 G. No “Winners”, No “Losers” ..............................................................................................3 H. Give Your Client Homework ............................................................................................3 I. Every Case is Different .....................................................................................................4 J. Do Not Become Emotionally Involved .............................................................................4

III. “WOODSHEDDING” YOUR CLIENT ......................................................................................... 4 A. Explaing the Court Process. ...................................................................................................... 4 B. Discuss Proper Courtroom Etiquette ........................................................................................ 4

2. Proper Courtroom Behavior .......................................................................................5 C. Train Your Client to Testify ..............................................................................................5

1. The Oath. ....................................................................................................................5 2. Direct Examination ....................................................................................................5 3. Cross Examination .....................................................................................................5

D. Objections .................................................................................................................................... 6 E. Voir Dire ...................................................................................................................................... 6 F. Hearsay. ....................................................................................................................................... 7 G. Review Discovery Responses ................................................................................................... 7 H. Notes and Exhibits ...................................................................................................................... 7

IV. CONCLUSION. ................................................................................................................................. 7

Client Preparation Chapter 1

CLIENT PREPARATION I. INTRODUCTION As family law attorneys, we will encounter a multitude of different client personalities throughout the duration of our careers. As a result, it is imperative that you understand how to not only successfully manage each client’s expectations from the very beginning of the case, but to effectively prepare your clients for each and every hearing or trial. The purpose of this paper is to shift how you, as the practitioner, think in the way you manage your client’s expectations and in the way you prepare your client for litigation. With these tools, you will not only be able to run each case more effectively, but will generally have happier, more informed clients. II. MANAGING CLIENT EXPECTATIONS Even from the very first meeting with your client, listen carefully to determine the specific expectations your client has for his or her case. One of the most important aspects of effectively representing clients is managing their expectations, and doing so effectively from the outset. Clients always want to know, among other things, how quickly their cases can be completed, the cost of the case, how you will communicate with them, and your thoughts on a projected outcome. All of these issues can be effectively managed throughout the case if you follow a few key principles. A. Examine Client’s Personality From the very first meeting with your client, you will be able to get a feel for your client’s personality traits. For example, in a divorce case, is your client the controlling spouse in the relationship that called all of the shots? You may be able to tell immediately that it will be difficult throughout the litigation to get a clear picture from this person as he or she is often unable to see the situation from any perspective but his or her own and will likely never admit fault or weakness. Or, is your client the more submissive, nervous spouse, needing hand holding and extra attention? It is important to determine both your client’s role in the relationship, be it a divorce, modification, or other family law matter, and his or her personality traits. These traits will help you in the type of game plan you develop for your

client, the way you educate your client on issues, and the way you prepare your client for trial. For example, a client that is deemed the more “controlling” spouse might need direct questions, and may need you to be more authoritative throughout the suit to keep control of the situation. While on the other hand, if a more submissive client may need more gentle prodding with more patience. B. Create A Game Plan From the beginning of the case, you will begin to gather information about your client’s history and his or her goals in order to create a game plan for your client’s case. One of the most effective ways to not only manage your case, but manage your client, is to create both a temporary and final game plan with a set of goals within each. Think of this as a timeline with a set of goals at certain points, with the idea to achieve your client’s ultimate outcome at the end of the case. For example, if your client’s ultimate goal is to obtain a 50/50 possession schedule of the children, this may not be a feasible goal on a temporary basis, but may be something you and your client will build to on final trial. By creating steps to get to your client’s ultimate goal, for example, stepping up the possession schedule within a certain time period, asking for a social study, requesting discovery, and identifying specific experts to help your case, your client is always cognizant of where he or she expects the case to be as you work toward the ultimate goal. These temporary goals serve as a road map throughout the case, so your client understands where he or she hopes to be at each step of the case, and has that information at the very beginning of the process. Further, it is vital that you constantly reassess your game plan with your client. For example, if you do not obtain the desired ruling in Court at a temporary hearing, or if something unexpected arises in your client’s case, the game plan will need to be altered. Proactively make these alterations to your game plan, and discuss with your client the best way to move forward. As discussed below, if your client is constantly informed, you will have not only a much easier to manage client, but a happier one as well. C. Educate Your Client On The Law Make sure to educate your client not only on the law, but on the particular policies of the Judge

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that will be presiding over your client’s case. For example, your client may say “I want sole custody of my child.” This requires an explanation about joint managing conservators, rights and duties and possession and access. Once the client has been provided the information, ask your client specifically what outcome he or she is seeking. You may find what a client really wants is the exclusive right to medical decisions, or the standard possession order for the other parent when they said “sole custody.” Further, explain to your client the Judge’s particular policies with regards to your client’s particular goal. Your client should understand not only the law relevant to his case, but how that will be affected by the Judge’s general policies or tendencies to rule a certain way. In addition, make sure and explain to your client the reasonableness of a certain expectation from the beginning. A client that requests 100% of the community estate of the parties in a divorce will be thoroughly disappointed when you do not achieve that outcome at trial, and will be very frustrated with you for not “winning” his case. However, if you sit down with your client and explain that our laws provide for an equitable and just and right division, you can re-direct your client’s expectations into something much more manageable. And, your client will not be surprised or frustrated when you do not obtain 100% of the estate at final trial. By explaining the law, you are able to re-focus the client and re-frame the issues in your case to an expectation that has merit in the law and a potentially reasonable outcome. D. Communication is Key One of the most common complaints you will find in grievances is that an attorney failed to keep his or her client reasonably informed of his or her case. You have an ethical duty to do so. Once you have an established game plan, and your client has a general understanding of the laws that affect his or her case, it is imperative that you keep your client updated on his or her case. Make sure that your client receives copies of every piece of correspondence you receive from opposing counsel, and everything you send

out. If there are deadlines imposed on your client for any reason in a communication from opposing counsel, such as an offer, make sure to point it out, in writing, to your client. In addition, make it a point to send a weekly case update to your client. Even if there is not an update for that week, it certainly does not hurt to let your client know that nothing has changed with the game plan, and simply to touch base. Clients are appreciative when they know their lawyers are working on their case and simply checking in. And finally, return phone calls and emails in a timely manner. Our firm, for example, has a general 24-hour return policy. Even if I am in a trial or a hearing and am unable to get back to my client, I at least send off a quick email to my client that I did get their message and will answer their questions as soon as I can. Most clients are generally grateful that you let them know you got their questions, and are much happier when you let them know an answer is coming rather than waiting days to answer their emails or phone calls. If there is only one thing you take from this paper, it is absolutely that you must return your client’s phone calls and emails in a reasonable time frame. E. Attorney’s Fees Unless you have agreed to do a service for a flat fee, never, ever guarantee the cost of your services. Most clients will ask you in that initial meeting to give you an estimate of the cost of the case. However, you will need to explain, in writing, to your client that there are many “unknowns” that can affect the total cost of a case. For example, the cost can depend on the opposing lawyer that is hired, which is many times unknown at the beginning of a case. The cost can depend on the court you are in, as some courts have busier dockets, taking longer to get a final trial date. The cost can depend on the issues in the case, such as the amount of discovery that will need to be done and whether or not the issues are such that they will require a trial or multiple expert. As estimates are often very dangerous, it is safer instead to explain that these factors can all affect the prices of the case,

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and explain to your client what he or she can do to keep the costs of the case at a minimum. It is also important to explain to the client that at some point in the litigation process every client comes to a point where they feel that they have spent thousands of dollars and nothing is happening in their case. You will need to explain how most family law cases are “front loaded”, meaning that a lot of the work is done at the beginning of the case preparing for and attending temporary hearings, choosing experts, and sending out disovery. Thus, much of the cost is incurred at the beginning of the case. If your client understands this ahead of time, there is less chance that he or she will be surprised or frustrated when he or she receives the first bill. F. The Team Approach To the best extent possible, use the “team approach”. For example, in our firm, each case is assigned a “team” of people depending on the size of the case, usually consisting of at least two attorneys and one paralegal. Although not everyone on the team is working on the case at all times, this allows the client a network of people to contact if an issue arises. If one of the attorneys is in court, the other may be able to assist. In addition, the team works together to ensure that all emails and phone calls are returned within a reasonable time. Although I understand this may be difficult for the solo practitioner, it is still certainly something you can do with a secretary or paralegal, to assist you in create a system to help confirm that your client’s emails and phone calls are swiftly returned. G. No “Winners”, No “Losers” A client will always want to know what it takes to “win”, and may ask you how many cases you have won. Explain to your client that there are no “winners” or “losers” in family law, and never provide to a client any kind of percentage of wins. Instead, explain that family law is outcome based, meaning that if a client achieves the desired outcome, the client will consider that a win, even if it is not necessarily what we as lawyers would consider a win. The same applies

to a “loss”. As a result, what is considered a “win” to one client may be a “loss” to another. H. Give Your Client Homework As I will reiterate over and over again in this paper, you should constantly keep your client informed about any and all matters in his or her case. In addition, most clients will be eager to save money on their case and to help provide any and all information they can to assist you. Clients like to feel like they are contributing in their case, and it is key that they feel important. Give your client “homework” assignments to complete that are not only necessary to your case, but give your client something to do. For example, the following documents are usually vital to every case:

• A Timeline of Events—including significant events that have occurred throughout the years that have led up to the necessity of the lawsuit.

• A Custody Worksheet—includes detailed questions and answers relating to the parties’ children.

• List of Personal Property—in preparation for a temporary hearing, ask your client to make a list of any personal property he or she may want or need temporary exclusive possession of and further ask your client to include a reasonable explanation as to why he or she is seeking those items.

• “Skeletons in the Closet” Worksheet—includes detailed questions and answers relating to sensitive information that could affect the overall outcome of your client’s case.

• Financial Income Statement/Expense Sheet—includes a summary of your client’s monthly income and expenses to be used in a temporary hearing.

• Witness List—in preparation for a temporary hearing, ask your client to make a list of any potential witnesses that may be relevant.

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I. Every Case is Different Almost every client has a friend, a family member, or at least a friend of a friend that has gone through the same or similar type of litigation. Your client will likely compare his or her experience with that of his friends or family, and will ask you questions as to why his or her result may be different than a friend or family member’s. In addition, your client may have received advice from a lawyer in a prior consultation that he or she may compare to your advice. The worst thing you can do is to put down or disrespect you client’s prior lawyers or friends and family. Instead, simply remind your client that every situation is different, and every lawyer has a different method of working his or her case. Different opposing lawyers, different courts, different personalities, and even the smallest difference in facts can change the entire outcome of the case. Make sure to explain this to your client, rather than criticizing another case or another lawyer. J. Do Not Become Emotionally Involved There is a difference between avidly litigating your client’s case, and becoming emotionally involved. When you become too emotionally involved with your client’s case, you start to lose sight of your client’s case as your client’s lawyer, and instead begin to consider the case from the point of view as your client’s friend. At that point, you are unable to make the hard and necessary decisions your client’s case may need, and it may become difficult for you to communicate with your client. Your client may view you as a friend, rather than as their attorney and the person whose advice they need to trust. It is important to always set necessary boundaries with your client. I explain to my clients that family law is emotional and my job is to look at each issue like a business decision for my client. By explaining this early on to your client, you can create the necessary boundaries that allow you to effectively advocate for your client as their lawyer, rather than as a friend.

III. “WOODSHEDDING” YOUR CLIENT One of the key factors to a successful case is properly “woodshedding”, or preparing, your client to appropriately testify in Court. Some attorneys make the mistake of assuming that their client has previously testified, or that their client would rather save funds than spend money on a preparation meeting to prepare before each and every hearing before the Judge. However, it is crucial that you ensure your client has all of the relevant information before stepping into a courtroom, as the failure to provide your client with such could result in a catastrophe in your client’s case. The below are the best points of information you can give you client to ensure your client is properly prepared for court. A. Explaining the Court Process First, describe the basic, overall picture of the court’s procedure and the hearing itself. Make sure your client is aware that the court has many cases set at the same time and that there will probably be quite a bit of waiting for your client’s case to be heard, sometimes into the afternoon. Tell your client if this particular Judge has imposed a time limit for the type of hearing and explain what that means in terms of utilizing evidence, witnesses, and testimony. B. Discuss Proper Courtroom Etiquette 1. Proper Courtroom Dress Talk to your client about appropriate courtroom attire and demeanor. Be very specific about clothing that is appropriate to wear for the hearing. If you know the Judge presiding over the hearing does not allow jeans, or if you know that he or she prefers pantyhose or closed-toe shoes, you need to specifically tell your client about the court’s dress code. In general, you should explain to your client the benefits of dressing conservatively, the point being that your client should give the appearance to the Judge of a responsible adult, and if children are involved, a responsible parent.

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2. Proper Courtroom Behavior Also review with your client the proper demeanor on the witness stand. By now you know your client’s personality traits and possible problem areas. Point out any distracting mannerisms or traits, such as a sarcastic tone, arrogant attitude, rolling of the eyes, or inappropriate body posture on the witness stand or seated at counsel table. Explain to your client that if he or she gets angry at a witness’s testimony, do not make a scene on the stand or at counsel table. Instead, explain to your client to simply note that the witness’s testimony is incorrect or false on a piece of paper to be directed to you so that you can address it in your examination of the witness. Further, tell your client it is inappropriate to joke or laugh while sitting at counsel table, even if your client believes something is funny. It will appear as if your client is not taking his or her case seriously, and the Judge will not take your client seriously, thus diminishing his or her credibility. C. Train Your Client to Testify

Begin training your client as to the “do’s” and “don’ts” of testifying, and explain the differences between direct and cross examination. 1. The Oath First, explain to your client that he or she will take an oath before any testimony is given. Explain that once the client has taken the oath, that he or she is swearing under penalty of perjury that their testimony is the truth. Remind the client that perjury can not only subject the client to criminal implications, but can also destroy the client’s credibility for the duration of the case. For example, as the discretionary power of the family law judge is extremely vast, a client’s lie on the stand may hinder his or her ability to obtain custody of the children, the desired possession schedule, or may essentially destroy the client’s entire case. As a result, your client’s credibility is extremely important in his or her case.

2. Direct Examination Explain to the client that as their lawyer, you will be asking him or her “non-leading” or “open-ended” questions, meaning it does not suggest an answer to the witness. For example, you might explain to the client that you, as their lawyer might ask “Have you taken any measures with regard to possession of the children? What have you done?” As this question calls for an explanation, it is not suggesting an answer to the client. Instead, you are allowing your client to tell their story through the questions you are asking. As a general principle, “Who, What, When, Where, Why, and How” questions are generally direct questions. When answering questions, further explain to your client to take time in not only listening to the question asked, but in giving an answer. Explain to the client not to rush when giving an answer, as not only does the court reporter have to take down everything said in the courtroom, it is crucial that your client’s answers are well thought out, understandable and deliberately made. 3. Cross Examination It is also important to explain to your client that he or she will be cross examined by the opposing lawyer. Explain to your client that unlike questions under direct examination, the opposing attorney is allowed to ask your client “leading questions.” For example, building on the example used above, instead of asking your client “What have you done” in regard to possession and access of the children, the opposing attorney might ask your client something like “Isn’t it true that since you filed for divorce you have refused to let your husband see the children on any day during the week except for Tuesday nights?” The answer to this question elicits not only a “yes”, “no”, or “I don’t know” response, but it also suggests the answer to the client, making it a “leading question.” As the questions are made under cross examination, explain that leading questions are allowed, and if done successfully, are often times the only types of questions asked.

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It is also important to give your client the following tips to follow during cross examination:

• Carefully listen to the question asked. One technique that I like to use in my practice is to teach the client to listen to the question asked by asking the following question. For example, ask your client “Do you know what time it is?” If you client answers “Yes” and nothing further, he or she has listened to the question. If your client answers with the time, he or she has provided too much information.

• Succinctly answer only the question asked.

• Do not volunteer more information than the question asks.

• Do not argue with the opposing attorney, even if the question itself is argumentative.

• Never lose your temper, and always remain calm. Otherwise, the Judge may believe your client has a bad temper, something frequently alleged in family law cases.

• Never guess at the answer. Instead, if your client does not know the answer, saying “I do not know” or “I can’t remember” is the proper answer to give.

• Never divulge what your lawyer has told you, as the conversations between you and your lawyer are confidential.

Finally, explain “re-direct examination” to your client. Many clients, especially on their first attempt on the witness stand, become extremely frazzled and frustrated when cross-examined. Inform your client that you will get the chance to re-direct him or her. A common example to show the difference between “cross examination” and “re-direct examination” is to explain that opposing counsel may ask your client “You wrecked the family car, didn’t you?” To which, your client may respond “Yes” and cannot explain as opposing counsel will not let him or her. On re-direct, explain to the client that you get the chance to have the client explain

his or her answer, by asking “Tell the court why you crashed the car”, to which the client can respond “Well there an tractor trailer coming up behind me that cause a chain reaction and caused several cars to get into a wreck.” Thus, the fact that your client was in a car accident was not his or her fault, once the client was able to explain. This is usually called “rehabilitating” the client. D. Objections After explaining to your client the “do’s” and “don’ts” of testifying, make sure to adequately describe objections to your client. First, explain that each time a lawyer has an objection to a particular question or answer, a lawyer will stand up. Tell your client that when the lawyer stands up, he or she should immediately cease any testimony. Explain that during an objection by either lawyer, it is common for legal argument to occur between the lawyers until a ruling is made by the Judge. During this time, the client should remain silent until the Judge rules. Next, explain that the Judge will rule in one of two manners—the Judge will either “sustain” the objection, meaning the client can not answer the question, or the Judge will “overrule” the objection, meaning the client can continue answering the question. Many times, after copious argument by the lawyers regarding an objection, the client may forget the question that was asked, or may lose his or her train of thought. Explain to your client that if this happens, to simply ask the Judge if it is ok to answer the question, or to ask the lawyer to re-state the question. It is ALWAYS better to ask rather than guessing when you do not know or understand the question being asked. E. Voir Dire Although you do not need to explain the legal ramifications of voir dire, it is important to explain to your client that it is common for the lawyer not asking questions to suddenly interrupt the other lawyer and ask the Judge to take the witness on voir dire. For example, describe to your client that the other lawyer may want to determine if a client has specific

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personal knowledge of a matter about which they are testifying in order to determine if testimony should continue without objection. As long as your client understands that voir dire is a possibility he or she will be prepared if such an interruption occurs. F. Hearsay Next, it is important to clarify with your client that the only testimony he or she should give should be his or her own, and he or she should not testify as to what other people have said. Explain to the client that statements by other people are generally referred to as “hearsay” and are inadmissible in court, but there are certainly exceptions. You should tell your client that unless you have specifically discussed one of those exceptions, or have discussed intentionally eliciting hearsay testimony from your client, that your client should otherwise not testify as to what others have said to him or her. G. Review Discovery Responses If any discovery has been completed in the case prior to any hearing, make sure to tell your client to carefully review his or her discovery responses and deposition testimony prior to any hearing. Explain that many times, part of cross examination is to trap the witness in untruthful statements and lies. Thus, unless there is a valid reason for your client’s answers to change, tell your client that his or her answers on the witness stand should match those given in discovery. This will avoid any “impeaching” of your client by the opposing counsel in obtaining conflicting answers from discovery and the witness testimony. H. Notes and Exhibits Many clients get nervous their first time testifying, and feel that they want to bring notes on the witness stand. Make sure you explain to your client that their personal notes used to refresh their memory on the witness stand are discoverable by the opposing lawyer, and are absolutely not confidential.

Also, ensure that your client understands that throughout the hearing, certain documents will be admitted as exhibits. Your client should know that he or she will be used to authenticate these documents, and should be cognizant of the documents you plan to use throughout the hearing so he or she can properly identify them. Finally, explain to your client that once a document is admitted into evidence, that document can be referred to and reviewed throughout the duration of the hearing. IV. CONCLUSION Although every client and every case is vastly different, by taking the tips and tricks contained in these papers and applying them to your limitation practice, you will have not only a more informed and prepared client, but you will be able to more efficiently manage each case. Hopefully this paper, and the advice contained within, will help you achieve your client’s goals in each case and will assist you in more successfully managing each client.

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