August 17, 2021 | New York Law Journal
Res Judicata and Collateral Estoppel in Divorce ActionsWhen is a judgment or order a final judgment on the merits? In his Law and the Family column, Joel Brandes discusses issues related to the doctrine of res judicata which are frequently involved in matrimonial actions and "can result in disastrous consequences if overlooked by counsel."
By Joel R. Brandes
10 minute read
July 23, 2021 | New York Law Journal
Flat Fee Retainers in Domestic Relations MattersMany lawyers are offering flat fees for uncontested divorces and other family law services. Are they violating the Rules?
By Joel R. Brandes and Chris McDonough
10 minute read
July 06, 2021 | New York Law Journal
Appellate Review of Non-Final Orders in Matrimonial ActionsAn attorney who handles contested matrimonial cases spends a considerable amount of time on motion practice. In this edition of his Law and the Family column, Joel R. Brandes explores the ins and outs of appealing decisions of such motions.
By Joel R. Brandes
10 minute read
June 28, 2021 | New York Law Journal
Standards for Modification of Child Support: Did 'Boden' Survive?In his Law and the Family column, Joel Brandes examines the history and current state of what he calls the "child support modification roller coaster" for matrimonial lawyers trying to understand when child support may be modified where there is no surviving agreement, or where there is a surviving agreement which has been incorporated into a judgment or order.
By Joel R. Brandes
10 minute read
June 16, 2021 | New York Law Journal
Email and Ex-Parte CommunicationsThe rules of professional conduct prohibiting ex parte communications appear to be simple. However, the nuances that are discussed in this article need to be understood to avoid running afoul of the Rules.
By Joel R. Brandes and Chris McDonough
10 minute read
May 07, 2021 | New York Law Journal
Preserving the Right To AppealDivorce lawyers are frequently asked: What are my chances of winning an appeal? As Joel Brandes explores in this edition of his Law and the Family column, the answer is never simple.
By Joel R. Brandes
10 minute read
March 05, 2021 | New York Law Journal
The New Motion Practice RulesRecently, the Chief Administrative Judge of New York promulgated numerous amendments and additions to the Uniform Rules, which became effective on Feb. 1, 2021. In this edition of his Law and the Family column, Joel R. Brandes discusses several of the new Uniform Rules, which are in addition to or compliment the matrimonial rules.
By Joel R. Brandes
10 minute read
February 18, 2021 | New York Law Journal
Trial by CombatAuthors Joel Brandes and Chris McDonough pose the question whether Rudy Giuliani should be disciplined for his conduct relating to the Jan. 6 attack on the Capital and also his participation in frivolous lawsuits.
By Joel R. Brandes and Chris McDonough
10 minute read
January 06, 2021 | New York Law Journal
E-Filing Primer for Matrimonial AttorneysThe case law dealing with the e-filing system is sparse. As far as we know, very few matrimonial lawyers have participated in the e-filing system. In this Law and the Family column, Joel Brandes focuses on the rules regarding the service and filing of process and papers in e-filed matrimonial actions.
By Joel R. Brandes
10 minute read
November 02, 2020 | New York Law Journal
Understanding the Support Magistrate Objection ProcessAn attorney representing a client in a Family Court support matter must have a thorough understanding of the sometimes confusing objection process to prevent the dismissal of his clients' objections and preserve her right to appeal.
By Joel R. Brandes
10 minute read
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