Archive for July, 2021

Validation + Rationalization = Client-Centered Communication

By Gregory GilstonPreviously Published in May 2021 in Family Lawyer Magazine Every client wants to be heard. Every client wants to feel understood. Seems simple, right? But when you commence work with a client who will not listen to you, or with a client whose experiences you cannot understand or relate to, that is where the miscommunication may begin to occur. Do not let it! As experienced professionals, we can agree that family law is all about communication. Clients often end up in our offices because effective communication is missing from their own interpersonal relationships, including those relationships with their current or former spouse, as well as their children. As professionals in the budding attorney-client relationship, it is our job to facilitate and model effective communication with our clients. The interesting thing about this call to action is that we can only facilitate effective communication if the client provides us with an[...]

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Understanding Digital Assets & Income Streams Within the Context of Divorce

By Gregory Gilston Previously Published in July 2021 in Family Lawyer Magazine Divorce and the New Generation (Millennials) Divorcing millennials present new challenges for divorce professionals. There has been a generational shift in the way that millennials acquire their wealth, think about marriage, and approach divorce. This younger generation continues to seek divorce advice and legal representation – albeit in smaller doses than their predecessors. Meanwhile, divorce professionals are faced with the tough task of assessing new and evolving types of digital assets and digital income streams. NFTs (Non-Fungible Tokens), cryptocurrencies, and social media influence are some of the more popular ways that people can increase their net worth. And if these individuals are married and considering divorce after amassing wealth from the fruits of their digital labor, then we, as divorce professionals, must be able to accurately identify and evaluate these assets and income streams as part of the dynamic divorce process. Digital Assets[...]

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Appeals: The “Uphill” Quest for Justice

By Anthony Vetrano Previously Published in the July/August 2021 issue of The Pennsylvania Lawyer Magazine The purpose of litigation is to correct a wrong; in other words, to attain justice: Law . . . must be judged by the results it achieves, not by the niceties of its internal structure; it must be valued by the extent to which it meets its end, not by the beauty of its logical processes or the strictness with which its rules proceed from the dogmas it takes for its foundation.Nathan Roscoe Pound, Dean of Harvard Law School 1916 to 1936, as quoted in Lawyer’s Lawyer: The Life of John W. Davis by William H. Harbaugh 415 University Press of Virginia 1990 (1973). If justice is not attained at the trial level, or if, as sometimes occurs, the litigation at the trial level results in greater injustice, there is the option of appeal. Appeal is usually as an “up-hill”[...]

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