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Authors: Susan Rieger
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1999
Attachments:
At our meeting this morning, we discussed the next steps to be taken in the Durkheim case. In the next few days, I shall attend to the matters that need attending to and do more reading and research. You will deal with Fiona in a way that will mitigate any ill feelings this assignment may have inadvertently engendered.
Matters That Need Attending:
1. Letter to Mrs. Durkheim/Addendum to the Fee Agreement
I shall write Mrs. Durkheim today explaining the conditions under which I will represent her. I shall advise her against using me and give her many cogent reasons why you or Fiona would better serve her (never mentioning my own disinclination). I shall say that if against advice of counsel, she still wants me to represent her, I will do my best. I will also say that because of my inexperience, I will regularly consult with you to make sure that she is getting the best legal advice. If she chooses to retain me, I shall ask her to sign an Addendum to the Fee Agreement , which spells out that she will be charged for your time as well as mine. We agree that it is better that I write the letter. Mrs. Durkheim might interpret a letter from you to that effect as patronizing, insensitive, and dismissive. (“Father’s Lawyer Knows Best.”)
2. Notice of Appearance; Acceptance of Service; Answer to Complaint
We need to accept service and file a Notice of Appearance with the Court and K&B; we should also answer the complaint: nothing too specific, boilerplate.
3. Discovery
After the matter of representation is fixed, we need to begin discovery. Mrs. Durkheim is in the process of assembling a financial history of her marriage and a proposed post-divorce budget for herself and her daughter. She does not believe it will be difficult to assemble the information and supporting documentation. She handled the family finances, kept the books, paid the bills. She doesn’t believe her husband has any hidden assets. Is she being naïve? Doesn’t she know about the Caymans? When we have a better idea of income and expenses, assets and liabilities, we can begin to formulate an offer.
4. Motion for Temporary Support
Mrs. Durkheim’s current income will not support her and her daughter. While her father would no doubt help her out until a settlement is reached, we should probably begin to think about making a motion for temporary support. In the Peele case you had me read, Jason Peele (a K&B client) closed the joint checking account, canceled his wife’s credit cards, and emptied out the safe deposit box—a week after the summons was served. And she had no job at all.
5. Continued Residence in the Family Home
Even if she doesn’t want to, Mrs. Durkheim needs to stay put in the family home until a settlement is reached. It can’t look as though she’s abandoned him. Also, since he’s so attached to the house, it may provide us with some leverage in the negotiations. We need to be vigilant here. Before he made any kind of offer of settlement, Jason Peele made a motion to exclude his wife
and children
from the family residence and changed the locks.
Narragansett Statutes
Title 33 of the Narragansett Code, Sections 801ff.
Dissolution of Marriage, Annulment, and Legal Separation
Sec. 833. Temporary alimony and support and use of family home or other residential dwelling.
At any time after the return day of a complaint, temporary alimony and child support may be awarded to either of the parties . In making an order for temporary alimony, the court shall consider all factors enumerated in section 832 (permanent award of alimony). In making an order for temporary child support, the court shall consider all factors enumerated in section 834 (permanent child support). The court may also award exclusive use of the family home or any other dwelling that is available for use as a residence prior to dissolution of the marriage, legal separation, or annulment to either of the parties as is just and equitable without
Attachments:
At our meeting this morning, we discussed the next steps to be taken in the Durkheim case. In the next few days, I shall attend to the matters that need attending to and do more reading and research. You will deal with Fiona in a way that will mitigate any ill feelings this assignment may have inadvertently engendered.
Matters That Need Attending:
1. Letter to Mrs. Durkheim/Addendum to the Fee Agreement
I shall write Mrs. Durkheim today explaining the conditions under which I will represent her. I shall advise her against using me and give her many cogent reasons why you or Fiona would better serve her (never mentioning my own disinclination). I shall say that if against advice of counsel, she still wants me to represent her, I will do my best. I will also say that because of my inexperience, I will regularly consult with you to make sure that she is getting the best legal advice. If she chooses to retain me, I shall ask her to sign an Addendum to the Fee Agreement , which spells out that she will be charged for your time as well as mine. We agree that it is better that I write the letter. Mrs. Durkheim might interpret a letter from you to that effect as patronizing, insensitive, and dismissive. (“Father’s Lawyer Knows Best.”)
2. Notice of Appearance; Acceptance of Service; Answer to Complaint
We need to accept service and file a Notice of Appearance with the Court and K&B; we should also answer the complaint: nothing too specific, boilerplate.
3. Discovery
After the matter of representation is fixed, we need to begin discovery. Mrs. Durkheim is in the process of assembling a financial history of her marriage and a proposed post-divorce budget for herself and her daughter. She does not believe it will be difficult to assemble the information and supporting documentation. She handled the family finances, kept the books, paid the bills. She doesn’t believe her husband has any hidden assets. Is she being naïve? Doesn’t she know about the Caymans? When we have a better idea of income and expenses, assets and liabilities, we can begin to formulate an offer.
4. Motion for Temporary Support
Mrs. Durkheim’s current income will not support her and her daughter. While her father would no doubt help her out until a settlement is reached, we should probably begin to think about making a motion for temporary support. In the Peele case you had me read, Jason Peele (a K&B client) closed the joint checking account, canceled his wife’s credit cards, and emptied out the safe deposit box—a week after the summons was served. And she had no job at all.
5. Continued Residence in the Family Home
Even if she doesn’t want to, Mrs. Durkheim needs to stay put in the family home until a settlement is reached. It can’t look as though she’s abandoned him. Also, since he’s so attached to the house, it may provide us with some leverage in the negotiations. We need to be vigilant here. Before he made any kind of offer of settlement, Jason Peele made a motion to exclude his wife
and children
from the family residence and changed the locks.
Narragansett Statutes
Title 33 of the Narragansett Code, Sections 801ff.
Dissolution of Marriage, Annulment, and Legal Separation
Sec. 833. Temporary alimony and support and use of family home or other residential dwelling.
At any time after the return day of a complaint, temporary alimony and child support may be awarded to either of the parties . In making an order for temporary alimony, the court shall consider all factors enumerated in section 832 (permanent award of alimony). In making an order for temporary child support, the court shall consider all factors enumerated in section 834 (permanent child support). The court may also award exclusive use of the family home or any other dwelling that is available for use as a residence prior to dissolution of the marriage, legal separation, or annulment to either of the parties as is just and equitable without
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