WHEN THE FORM MANUAL IS SILENT Houston Bar Association Family Law Section September 3, 2008 William W. Morris Looper, Reed & McGraw, P.C. 1300 Post Oak

WHEN THE FORM MANUAL IS SILENT

Houston Bar AssociationFamily Law SectionSeptember 3, 2008

William W. MorrisLooper, Reed & McGraw, P.C.

1300 Post Oak Blvd., Suite 2000Houston, Texas 77056

(713) 986-7000(713) 986-7100 (Fax)

[email protected]

The Form Manual or Formbook

What is its real name???

TEXASFAMILY LAW

PRACTICEMANUAL

Second Edition

The forms in this manual were prepared by members of a committee of the Council of the Family Law Section of the State Bar of Texas, and great care has gone into their preparation. The forms represent the best thinking of the practicing lawyers and judges on the committee. Perfection, however, is hard to achieve, and each lawyer using these materials must depend on his or her own expertise and knowledge of the law. The alternative situations that occur most often are covered in the forms. There is, however, no substitute in a particular case for the legal mind, and there is no end to the variations of human problems. Thus, care should be taken to ensure that any form used fits the case and treats the problems of that case.

Introduction

Texas Family Law Practice Manual Second Edition (emphasis added)

Is the Formbook Really Silent?

Chapter 2 Attorney-Client Relationship and Communications

Form 2-1 Fee Agreement for Initial Consultation . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 2-1

Form 2-2 Employment Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3

Form 2-3 Letter to Prospective Client Declining Employment . . . . . . . . . . . . . . . . . 2-15

Form 2-4 Letter to Client Confirming Request to Take No Action on Case . . . . . . . 2-16

Form 2-5 Letter to Client Advising against Settlement . . . . . . . . . . . . . . . . . . . . . . . 2-17

Form 2-6 Letter to Client Regarding Closing Documents . . . . . . . . . . . . . . . .. . . . . . 2-18

Form 2-7 Client Questionnaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-20

Form 2-8 Schedule of Marital Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 2-32

[Forms 2-9 and 2-10 are reserved for expansion.]

Form 2-11 Notice of Current Address of [party designation] . . . . . . . . . . . . . . . . . 2-79

Form 2-12 Letter to Client Regarding Informal Settlement . . . . . . . . . . . . . . . . . . . 2-80

The Formbook Really is Silent!!!

What do I do?

Define the Problem

Define the Problem

1. Substantive?

Define the Problem

1. Substantive?

2. Procedural?

Define the Problem

1. Substantive?

2. Procedural?

3. Area of Law

Texas Bar CLE

Texas Bar CLEAdvanced Family Law


New or Developing Causes Of Action In The Twenty First (21st) Century In Family Law, Including Fiduciary Litigation Charla Bradshaw Conner, and John F. Nichols Sr.


New or Developing Causes Of Action In The Twenty First (21st) Century In Family Law, Including Fiduciary Litigation Charla Bradshaw Conner, and John F. Nichols Sr.

The Law of Interpreting Contracts: How to Draft Contracts to Avoid or Win Litigation Richard R. Orsinger


New or Developing Causes Of Action In The Twenty First (21st) Century In Family Law, Including Fiduciary Litigation Charla Bradshaw Conner and John F. Nichols Sr.


Maintaining The Chain Of Electronic Evidence And Spoliation Of Electronic Evidence Christopher Nickelson and G. Thomas Vick, Jr.


New or Developing Causes Of Action In The Twenty First (21st) Century In Family Law, Including Fiduciary Litigation Charla Bradshaw Conner and John F. Nichols Sr.


Maintaining The Chain Of Electronic Evidence And Spoliation Of Electronic Evidence Christopher Nickelson and G. Thomas Vick, Jr.

Thinking Outside The Family Code: Unusual Visitation, Child Support And CustodyAnn Coover


ELECTRONIC EVIDENCE WORKSHOP

Electronic Evidence And Software For Family Lawyers Eugene X. Martin III

“Electronic Evidence – Spy Torts” Brandi Branch, John F. Nichols Sr., and Richel 'Rikky' Rivers

Electronic Evidence In The Information Age Rick Robertson, Ramsey B. Patton, and Rebecca Tillery

Trails From The Aether: Cyber-EvidenceJames Patrick Larue andJohn L. Wiechman


Marriage Dissolution Institute



Advanced Civil Trial Course



Advanced Civil Trial Course

Electronic Discovery and Digital Evidence

Are you a member of The College of the State Bar?

The College of the State Bar*You must be a member in good standing of the State Bar of Texas.

*For your initial membership year, you must have accumulated at least 80 hours of accredited CLE within a three-year period, or at least 45 hours in the current calendar year.

*At least three hours must be approved for legal ethics or professional responsibility credit.

*Up to 15 hours of the 80-hour requirement, or 5 hours of the 45-hour *requirement, may be met by viewing alone or listening alone to tapes of CLE programs, rather than by going to classes.

*Membership is established and maintained on a calendar year basis.

*Subsequent years of membership require at least 30 hours of CLE, at least three of which must be in legal ethics or professional responsibility; seven hours may be by audio or videotape.

*The membership fee is $60. New lawyers only $35.

The College of the State Bar

Why Join?


Texas Bar CLE Online Library!!!


Texas Bar CLE Online Library!!!

All State Bar CLE programs since 1998

TEXAS BAR BOOKS & SYSTEMS

Many publications including the

Texas Pattern Jury Charge – 2008 Edition

Other Resources:

1. Harris County Law Library

A. State Bar CLE

B. O’Connor’s Causes of Action

C. Dorsaneo’ Texas Litigation Guide

D. Texas Lawyer’s Series - Texas Depositions

E. Texas Litigation Plans and Forms - Gruber & Dunn

F. Texas Family Law Handbook

G. West’s Texas Forms

Other Resources:

1. Harris County Law Library

2. South Texas College of Law Library

3. University of Houston Law Center Library

4. Texas Southern University Law Library

5. MyTexasBar.com

CHILD ABUSE AND NEGLECT CASES

www. TexasLawyerforChildren.org

CHILD ABUSE AND NEGLECT WORKSHOP

Termination Case Law Update Duke Hooten and Trevor A. Woodruff

Prenatal Drug And Alcohol Exposure In The Foster Care Population Carole F. Hurley

Admissibility Of Drug Tests In T.D.F.P.S. CasesGarland Deen McInnis, Jr. and Brian A. Quintero

Drugs/Alcohol Abuse As Proof Of Endangerment In Support Of Parental TerminationSandra D. Hachem and James Hill

TALK:

1. Partners or Officemates

TALK:


2. Find a mentor

TALK:


2. Find a mentor

3. To the dictaphone

TALK:


2. Find a mentor

3. To the dictaphone

4. Out loud

“There is, however, no substitute in a

particular case for the legal mind, and there

is no end to the variations of human

problems.”

Texas Family Law Practice Manual Second Edition (emphasis added)