FAMSEG, the Family Law Section Email Group

September 2010

Florida Bar Midyear Meeting Schedule, September 22-23, 2010  
By Summer Hall, Program Administrator

We are quickly approaching the Florida Bar Midyear Meeting at the Hilton Orlando (6001 Destination Parkway, Orlando). As a reminder all committees will meet on Wednesday, September 22, 2010 and the Executive Council Meeting will be held on Thursday, September 23, 2010 . Below you will find the link with the updated meeting schedule.
If you have supplemental materials and did not submit by the deadline of September 15th, please bring your handouts along with you to the meeting and have copies for all Executive Council members.

Also attached is the
committee information packet. Please print out and bring with you to your meetings.  Please fax or email all forms to me after the conclusion of your meeting. If you would like agendas, minutes or any other items posted on your committee page of the Family Law Section website, please email  me all documents. Allow 24 hours for items to post.

Chair's Message

Well the Summer has come to an end, school has started, Fall is fast approaching, and the business of the Family Law Section begins in earnest starting with Mid-Year Meetings at  the Hilton Hotel, 6001 Destination Parkway, Orlando, Florida 32818 with the first regular live Meetings of this 2010 - 2011 Bar cycle.   The Section's Mid-Year Meetings are scheduled to occur on Wednesday, September 22nd, 2010  and the Executive Council Meeting on Thursday, September 23rd, 2010.    Our Standing Committees and Ad Hoc Committees have been working throughout the Summer in preparation for these Meetings.  If you are not already involved in Section work, we encourage you to consider getting involved by attending the Mid-Year Meeting and/or Executive Council Meeting.       You can access the Meeting schedule on the Section's website at www.familylawfla.org.

The Section's In-State Retreat titled "PASSPORT TO PARADISE" will occur September 30th, 2010 through October 2nd, 2010 at the classic, elegant  Casa Marina Resort, in Key West.  We have sold out our expanded room block although you are still able to attend if you are willing to pay the regular hotel rate.

 
However, If you are unable to attend, you may well want to consider attending the excellent telephonic seminar "NAVIGATING THE PERFECT STORM:  LEGAL MALPRACTICE IN FAMILY LAW" on Friday, October 1st, 2010 from 9:35 a.m. - 12:00 p.m.   The seminar topic is out of the ordinary.  Learn how to protect yourself from falling victim to a malpractice claim from CRAIG HUDSON, ESQUIRE, a malpractice defense attorney who will teach us about risk avoidance for family law attorneys; discuss malpractice generally; address the failure of family law attorneys to document advice in writing; the problems arising from family law attorneys acting outside the scope of their expertise; prenuptial agreements; the risks of consultation; and better practices.
 
BLAIR CAMPBELL, a professional liability insurance agent will discuss malpractice insurance market conditions; malpractice policy terms; what is "pitch" and what is important in malpractice insurance coverage; how to complete an application to trigger lower premiums; specific market conditions for family law attorneys; and how to process claim information, including how and when o make a claim; risk management practices.

This edition of FAMSEG inaugurates a new regular feature spotlighting the on-going work of  the Section's Standing Committees and Ad Hoc Committee.   SHEENA BENJAMIN-WISE, Co-Chair of the Section's RULES AND FORMS COMMITTEE has authored an article describing the important work of that COMMITTEE that I recommend you read.
               
Brand new Executive Council member, ABIGAIL BEEBE, an attorney with the Legal Aid Society of Palm Beach County, Inc. discusses her experiences as balancing her roles as Wife, Mother and Attorney in her article "ACHIEVING BALANCE IN LIFE."  

 
Looking forward to seeing you during the Mid-Year Meeting in Orlando, Florida and/or at the  Casa Marina Resort in Key West, Florida.  
 
Until then, stay safe, healthy and happy,
 
DIANE M. KIRIGIN, CHAIR
FAMILY LAW SECTION
THE FLORIDA BAR


 

Co-Editors:  Luis E Insignares & Eddie Stephens

2010 Family Law Fall Retreat
Casa Marina Resort, Key West, FL

 
Passport to Paradise!  
 
Thursday, September 30, 2010 through Saturday, October 2, 2010

Thursday is check-in followed a welcome reception on a Sunset Catamaran Cruise.  

Friday join us as we start, "Navigating the Perfect Storm: Legal Malpractice in Family Law, Course No. 1122R".

Saturday, Arrr, callin' all mates on deck we be ha'in' a Key West Scavenger Hunt, a Yo Ho Ho Farewell Party & "Pirates in Paradise" Dinner.

 
Registration form and informational schedule of events at the "Passport to Paradise" can be downloaded here.
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
Navigating the Perfect Storm: Legal Malpractice in Family Law
Telephonic Seminar: Friday, October 1, 2010
9:30 a.m. - 12:00 p.m. Eastern Standard Time

Click to download registration form.

Achieving Balance in Life
By Abigail Beebe, Esq., West Palm Beach, Florida

Although there is no perfect balance for working and raising a family, all while trying to make your marriage work, I believe there a few things that helped me create a reasonable sense of balance.  I believe the unavoidable is that there is constantly a feeling of guilt.  A feeling that when you're at work, you should be with your kids and when you're with your kids you feel like you should be working!  
 
In 2008 my son, Hampton, was born.  I had only been practicing for two years and it was very important for me to go back to work after his birth.  My husband and I really tried to come up with the best plan for us. I knew immediately upon finding out that we were pregnant that I did not want to be a full time stay at home mom.  
         

Working at all and raising children is a challenge.  Even the simplest task, like making dinner, after a long day at work and making lunches, drop offs, pick ups, can seem like an insurmountable undertaking.  My husband and I really had to take on many more "jobs" than we had before.
           

Our family has grown once again and now as a mother of two, on maternity leave right now, I know I will continue practicing law in a few more months and my husband and I will both adjust to make this a reality for our family.  
           

There are so many challenges to being a working mom.  I realized that time away refreshed me.  I am excited to come home at the end of the day and look forward to weekends with my family.  
           

Being a lawyer at legal aid makes being a working mother much more manageable than working in the private sector.  Our office is very family friendly.  The policies are liberal and the entire office understands family issues.  Coverage is rarely an issue, assistance is always an email away and the management is very supportive of young lawyers starting families.  
           

Both my husband and I, being professionals, are busy.  We both have lives aside from our work and children and both of us have adapted to the tag team approach of parenting.  We give each other the opportunity to see friends, play golf, get a pedicure and have a break.  As a couple, we always have dinner together, without kids, once a week.
           

Here are a few of the things that helped keep my family sane.  Being organized was a huge help.  I always had everything pre-prepared.  A plan for each day.  Back up help for early morning hearings and a plan for every scenario that arose.  Also, trying to work with my husband, not against him. Trying to give him plenty of notice for days when I would need his help with pick ups, drop offs or out of town travel.  It takes a lot of planning to make these things happen when you have a trial or early morning evidentiary hearing or a meeting that requires overnight travel.  It was important for me to always plan for him as well as for myself.  If he had a meeting or a dinner, I would make sure my parents were available to help or our babysitter and all of that was scheduled and organized well in advance.  
   

I always tried to stay ahead of the game.  I prepared lunches, clothes and my work stuff at night before I went to bed so the mornings were less stressful trying to get out the door. I used the weekends to make food for my son and try to get a head start on the week before it began.  

Another thing I tried to do was stay focused while at work. Trying not to get side tracked by the things that you used to let bother you at work and that would take up your time. Staying focused on what I was doing, while I was there. This allowed me to avoid taking work home with me, so my evenings were free for family.  

 
For sanity, I would have help a few days a week so I could find time to make it to the gym, grocery store or other errands alone!  
There is a lot of planning, preparation and coordination to make it all work, but working was important to me and I plan to continue working.  I believe that the time I spend away makes me a better mom when I come home.  I feel refreshed and ready to go play and I know that being a lawyer and a mom is the best of both worlds for me and my family.  

Stephens' Squibs - Family Law Case Updates
By Eddie Stephens


Stephens' Squibs
Click here to read a summary of Florida Marital and family law case updates from August, 2010.

Squib of the Month:

Hahn v. Hahn
, 2010 Fla.App. Lexis 12723 (Fla. 4th DCA 2010).  Trial court reversed for applying 2008 amendments to section 61.13 to modify visitation and child support.  A statue is not operative as law until the date in which it takes effect, and operates prospectively unless the intent that it operate retrospectively is clearly expressed.  The inclusion of the October 1, 2008 effective date for the amendments also rebuts any argument that retroactivity was intended.  50/5o timesharing is NOT a presumption in new parenting statute
 

What The Family Law Section Rules And Forms Committee Has In Store For You  
By Sheena Benjamin-Wise, Boca Raton, Florida

The members of the Rules and Forms Committee are a group of dedicated individuals who work side by side to help establish and improve the rules and forms that impact both lawyers and litigants in all areas of family law.
 
The members of Rules and Forms work on various sub-committees to identify and determine the necessary rules and/or forms to support the diversity of a family law practice. Some of the exciting projects the committee is handling include the creation of Guardian Ad Litem Report and Social Investigation forms. A sub-committee is currently busy developing a Child Support Ledger form to support the Clerks of Courts to track outstanding child support payments and arrears when one or both litigants relocate to a different venue. The hope is that this new form will streamline child support information between Clerk of Courts and the Judiciary across the State.  Some of the other projects include improved forms for Parental Relocation with Minor Children; Administrative Child Support proceedings along with new Income Deduction Order forms and Child Support Worksheets.
 
The Committee is also working on establishing rules, procedures and forms for proposed legislation for the return of firearms and ammunition after the dismissal of a Restraining Order in Domestic Violence actions.
 
We invite you to participate on this busy Committee to create and revise the rules and forms that support our dynamic area of practice.  

Wanted: Your Submissions
Articles

ideaHave you just finished a case or appeal where you had to become well-versed in a particular family-law issue?  Well, how about sharing your genius with the rest of us?!
We are accepting submissions for upcoming issues of The Florida Bar Journal, The Family Law Commentator, and even FAMSEG.

The Journal
To be considered for publication in The Florida Bar Journal, the article should be scholarly and relate in some manner to family law.  It should be twelve to fifteen pages in length, complete with endnotes.
Contact  co-editor: Sarah Sullivan at ssullivan@fcsl.edu Or co-editor: Amy Hamlin at ahamlin@helpisontheway.cc
 
The Commentator
Commentator articles are theme-specific. Upcoming theme issues include:
 
Summer '10 -- Children's Issues


Further on will be issues related to Tax Issues, Hot Tips, Alimony, and Agreements.

Send  your Commentator submissions to Laura Davis Smith to
lds@greenesmithlaw.com.
 

Newsletter Links

Florida Bar Midyear Meeting Schedule, September 22-23, 2010

2010 Family Law Fall Retreat

Achieving Balance in Life

Wanted: Your Submissions...Articles

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For information contact Summer Hall at
Shall@flabar.org