Joel R. Brandes

October 06, 2020 | New York Law Journal

Does a matrimonial lawyer witness violate Rule 3.7(a)(2) by submitting an affirmation referring to matters beyond the nature and value of legal services he rendered? A discussion of this and other related ethical questions.

By Chris McDonough and Joel R. Brandes

10 minute read

September 15, 2020 | New York Law Journal

The classic example of the "student-spouse/working-spouse" syndrome is where the newlywed working-spouse delays starting a career and works in administrative positions, works maintaining the household and puts the medical "student spouse" through med school, only to be handed a summons for divorce when he or she is handed a doctor's or other professional license, writes Law and the Family columnist Joel R. Brandes.

By Joel R. Brandes

9 minute read

August 04, 2020 | New York Law Journal

The domestic relations exception was initially an exception to the exercise of diversity jurisdiction on the subject of divorce or alimony.

By George B. Daniels and Joel R. Brandes

11 minute read

July 08, 2020 | New York Law Journal

In Joel R. Brandes' Law and the Family column, he explores how lawyers who engage in frivolous conduct place their licenses in jeopardy.

By Joel R. Brandes

11 minute read

July 01, 2020 | New York Law Journal

In matrimonial matters there is no right to counsel. Thus, low-income individuals with marital disputes in court must either qualify for free legal assistance or represent themselves. One solution to this is "unbundled" legal services, also known as "limited scope representation." This article discusses the issues involved when attorneys assist pro se litigants.

By Joel R. Brandes and Chris McDonough

11 minute read

May 15, 2020 | New York Law Journal

It would be fair to say that the legislation referred to as the Equitable Distribution Law of 1980, and the public policy that engendered it, as expressed in 'O'Brien v. O'Brien', no longer exists. Today, the statute represents a political compromise between "conflicting concerns."

By Joel R. Brandes

11 minute read

April 23, 2020 | New York Law Journal

In this article, the authors compare and contrast the Rules of Professional Conduct applicable to all attorneys, with those specific rules applicable to lawyers in domestic relations matters, and explain how to avoid a situation like that which occurred in a recent case, 'Adjmi v. Tawil'.

By Chris McDonough and Joel R. Brandes

10 minute read

March 11, 2020 | New York Law Journal

New York custody determinations have always been based upon our public policy that courts should do what is in the best interest of the child. However, custody determinations have been subordinated to the right of biological parents to bring up their children as they see fit, absent interference from the state unless the child's best interests would be endangered. In his Law and the Family column, Joel R. Brandes discusses how public policy has been eroded in recent years to accommodate "increasingly varied familial relationships."

By Joel R. Brandes

10 minute read

February 19, 2020 | New York Law Journal

What is the lawyer's obligation to communicate with his missing client? While it is clear the issues are attorney-client communication and authorization to act, the answers are not so simple.

By Chris McDonough and Joel R. Brandes

11 minute read

December 31, 2019 | New York Law Journal

An attorney preparing for the trial of a matrimonial action must know all of the applicable presumptions and be prepared to meet her burden of proof on each issue. Joel R. Brandes discusses some of the presumptions in this edition of his Law and the Family column.

By Joel R. Brandes

10 minute read