Toby Kleinman

September 04, 2020 | New York Law Journal

In this Family Law column, Toby Kleinman and Daniel Pollack discuss the issue of domestic violence during the pendency of a legal matter.

By Toby Kleinman and Daniel Pollack

8 minute read

April 15, 2020 | New York Law Journal

In this Family Law column, Toby Kleinman and Daniel Pollack discusses challenges that arise in cases with a pro se litigant, writing: Caution should be used by counsel when dealing with a pro se litigant. Pro se litigants must also be cautious. This thoughtfulness will help a family case move forward more effectively to a successful conclusion for all.

By Toby Kleinman and Daniel Pollack

7 minute read

February 21, 2020 | New York Law Journal

Many attorneys are reluctant to ever consider allowing a child to testify in a matter. In this Family Law column, Toby Kleinman and Daniel Pollack discuss various considerations that factor into the decision.

By Toby Kleinman and Daniel Pollack

7 minute read

December 18, 2019 | New York Law Journal

There are many considerations before making a decision to file an emergent appeal.

By Toby Kleinman and Daniel Pollack

8 minute read

November 18, 2019 | New York Law Journal

The legal obligation of an expert witness is to provide independent advice to the court by presenting impartial, unbiased opinions about matters within their field of expertise. This duty is owed singularly to the court and supersedes any duty to the attorney or litigants. Your job, as the attorney, is to find the right expert for each case. One size does not fit all.

By Toby Kleinman and Daniel Pollack

7 minute read

October 21, 2019 | New York Law Journal

Courts are known for their many rules and regulations. While there are times a family court judge may properly make exceptions to the rules, too many exceptions, or exceptions contrary to accepted science, may reduce transparency and accountability, may undermine predictability, and may not be in the interest of justice. What can attorneys do?

By Toby Kleinman and Daniel Pollack

6 minute read

September 10, 2019 | New York Law Journal

Your client is stressed and angry, and you will often be the recipient of their emotional fallout. What do you do?

By Daniel Pollack and Toby Kleinman

6 minute read

February 01, 2019 | New York Law Journal

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other's expectations. How can this be accomplished?

By Daniel Pollack and Toby Kleinman

6 minute read

July 11, 2018 | New York Law Journal

In every hearing to determine domestic violence, a court is faced with the dilemma of whether to grant or deny protection to a named plaintiff. Each state uses a different standard of proof, but the procedures are similar. Presenting a good case may positively affect later child custody decisions and distribution of assets where there is a civil case for damages.

By Toby Kleinman and Daniel Pollack

1 minute read