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Nov 27, 2024
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LAW 202P - Advanced Family Law Practicum. This practicum will parallel the progression of a relationship that begins with marriage and ends in divorce. It takes students through the gamut of services an attorney may provide to individuals contemplating marriage or divorce, from drafting an initial prenuptial agreement to filing of a divorce petition through settlement proceedings to settle the couple’s financial and custody arrangements. More specifically, students will: negotiate a prenuptial agreement, representing intended husband or intended wife; represent the intended father in a surrogate parenting arrangement; do oral argument in a contested custody proceeding between the natural father and a surrogate mother; argue on behalf of surviving family members before the federal fund established for victims of 9/11; prepare a legal memorandum in support of the characterization of stock funds as marital property; prepare an affidavit in support of a motion for pendente lite support; negotiate a settlement agreement resolving all matters arising out of a marriage, including child support, child custody, equitable distribution of property and spousal maintenance, and prepare the supporting documentation. Together these exercises are intended to convey the broad range of skills and values that a lawyer must possess to provide competent counsel. Students will consider the potential effects of procedural rules and ethical rules, as well as the unwritten customs and practices of lawyers. The course also emphasizes the art of lawyering. Students explore the roles and relationships between attorneys and clients—and between attorneys, senior partners, judges and opposing counsel. Students bill for their time. Students will also consider how ethical doctrines like confidentiality may constrain their choices in representing a client. Five hours. Weaver Prerequisite: Family Law.
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