April 03, 2024 | Texas Lawyer
Publicly Criticizing Custody Professionals: Where Is the Line Between Activism and Defamation?"Striking a balance between raising awareness about legitimate concerns and avoiding defamatory statements is essential," write columnists Elisa Reiter and Daniel Pollack, along with psychologist Jeffrey C. Siegel.
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel
15 minute read
March 25, 2024 | Texas Lawyer
Reimbursement Claims in Divorce Cases for Capital Contributions to Business Entities"There is no specific reference in the Tx. Fam. Code Section 3.402(c) to assure reimbursement for capital contributions to a business entity owned by one estate and paid for by another estate," according to columnists Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
11 minute read
February 23, 2024 | Texas Lawyer
Should Courts Umpire Third Party Custody Disputes?"Should a third party or grandparent seek conservatorship over the objection of the children's parents, such a litigant must present facts in a verified affidavit, persuasively indicating that the child's parent is unfit," write columnists Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
9 minute read
February 06, 2024 | Texas Lawyer
Proving Noneconomic Damages Post-'Gregory v. Chohan'"Damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded,'" say attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
7 minute read
January 30, 2024 | Texas Lawyer
Is a Death Sentence Recommendation From a Non-Unanimous Jury Constitutional?"Although the U.S. Supreme Court has addressed numerous facets regarding the circumstances under which the death penalty can and cannot be imposed, it has not yet directly addressed the question of jury unanimity being a requirement," say attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
7 minute read
January 19, 2024 | The Recorder
Do Attorneys Really Listen?For loquacious lawyers jaded by years of practice, particularly those who have had the discipline to specialize, how can we revamp, refocus and learn to listen more?
By Elisa Reiter and Daniel Pollack
6 minute read
January 09, 2024 | Daily Business Review
High Anxiety in Custody Cases? Let's TalkThroughout the year, judges often find themselves besieged by pleadings raising allegations of abuse as litigants seek to undermine each other's access to their children in the hopes that any emergency relief granted will color access going forward. What can attorneys do to maintain healthy family relationships even in times of stress?
By Elisa Reiter and Daniel Pollack
5 minute read
December 28, 2023 | New York Law Journal
Duty To Protect Versus Duty To Maintain Confidentiality: When Does One Trump the Other?Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
By Elisa Reiter and Daniel Pollack
8 minute read
December 27, 2023 | The Recorder
A Very Young Child's Voice in Sexual Abuse Legal Proceedings"In cases involving minor children, we sometimes vary from standard operating procedure regarding how testimony can be presented, as well as stretching boundaries as to whether the witness is developmentally capable of presenting testimony. Should such distinctions continue?"
By Elisa Reiter, Daniel Pollack and Jeffrey Siegel
12 minute read
December 21, 2023 | Texas Lawyer
Parental Rights Terminated? "(O)" What a Case!The Texas Supreme Court last week delivered an opinion that anyone who deals with parental rights should take notice of.
By Elisa Reiter and Daniel Pollack
10 minute read
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