Family Law Depositions
John F. Nichols, Sr. and Joe Phillips
Price: $225.00 1200 pages.
1 Looseleaf Volume. Forms. Index. Updated annually or when needed.
ISBN-13: 978-1-57823-084-6
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| Family Law Depositions $225.00 |
About the Book:
Family Law Depositions sketches, in broad outline, the planning, tactical and strategic approach of effectively and efficiently gathering, eliciting, preserving and presenting testimony from potential witnesses. Accordingly, this text presents, out of the thousands of problems and pitfalls in family law litigation, a glimpse of some of these problems and a possible method of handling and solving them. Family Law Depositions includes actual depositions (forms) conducted by the authors from various topical areas of family law, including such areas as: grounds for divorce, child custody, visitation and support, and division of property. Family Law Depositions will generate insight and understanding of some of the problems faced when conducting depositions; aid the practitioner in formulating solutions or approaches to the problems that confront him or her; and sharpen the practitioner’s skills in gathering deposition testimony in general.
Family Law Depositions contains features that are both unique and extremely practical for the family law practitioner during the discovery phase of a typical family law case:
- Usable Information Sheets - Detailed background questions for the client which will provide elicit every fact needed by the practitioner concerning the client, the family, and the alleged facts of the case.
- Documentary Evidence Checklists - Ensures that the attorney requests every relevant document needed to resolve the case.
- Other Checklists for Case Preparation - To make sure counsel is fully prepared to move forward and anticipate the opponent's strategy
- Strategic Insight for Conducting the Deposition itself - Examples of key elements of the deposition, with sample questions and typical answers (e.g., background questions, admonitory instructions, use of stipulations, use of interrogatories and admissions).
- Instructions on How To Deal With a Witness' Credibility - Tips for determining credibility
- General Outline for Various Types of Family Law Cases - Ensures that nothing is overlooked.
- Sample Depositions for Every Type of Family Law Case - Sample Q&A with strategic notes; case background
- Specific Question-Only Examples - Provides every possible question for particular cases; ensures that no relevant question is forgotten. Can also be used as a deposition or case preparation checklist.
- Case Citations - Provides key case citations that will direct the attorney's research on key issues.
Praise for Family Law Depositions:
"In an extraordinary act of organization, John F. Nichols, Sr. painstakingly categorized his past depositions in family law cases by topic. Part reference manual and part how-to guide, the book is an offering in the Juris Publishing Deposition Series. The authors, John F. Nichols, Sr. and Joe Phillips, are both well-respected and experienced litigators, with Nichols being particularly well-versed in family law cases.
The Houston Lawyer, a publication of the Houston Bar Association
Family Law Depositions contains much of value for both the new or general practitioner, as well as the more experienced family law attorney. For the new or general practitioner, the book provides a guide to pre-deposition preparation and strategy for both the attorney conducting the deposition and the attorney defending the deposition. It offers notes on discovery practice in addition to preparation of the attorney, the client and the witness (including expert witnesses). It even contains sample information sheets for clients to complete and a sample witness-instruction sheet. The book also delves into the very mechanics of deposition taking, including detailed question-and-answer forms from actual depositions conducted by the authors.
While the more experienced family law practitioner can certainly benefit from the sheer organizational force of Family Law Depositions, even more value lies in the numerous unusual fact scenarios covered in the book. These will provide a good “jumping off point” for preparing for depositions in more complex cases and those involving rarer causes of action. Family Law Depositions also contains helpful practice notes throughout, leading any practitioner through proper deposition practice, and providing background information, strategy, and supporting case law. For ease of reference, Family Law Depositions is organized both by topic—jurisdictional disputes, custody proceedings, property proceedings, marital torts and post-divorce actions—and by witnesses to be deposed—parties, experts, social workers, private investigators, teachers, tutors and more. Each possible witness in each topic is addressed with comprehensive, question-and-answer examples from real depositions. It is truly the kind of resource that can only come from experience.
According to the authors, Family Law Depositions is intended as a guidepost for the preparation, planning, and strategy for taking family law depositions. It succeeds, and it should be a part of every family law practitioner’s library."
“John Nichols’ excellent book fills a great lack in the family law field. Family lawyers frequently go into depositions without adequate preparation, perfunctorily believing they can wing it by keying their questions by scanning their pleadings. A serious mistake. Taking a deposition requires detailed preparation, using precise inquiries to elicit testimony under oath that is complete and lacks deception. Family Law Depositions gives the lawyer the tools to attain that objective and locks in the deponent’ testimony. There is no better preparation ally for family law practitioners.”
Philip Schwartz, Esq. Schwartz & Associates, LLC; Of Counsel to Shoun, Bach, Walinsky & Curran, PC. Recipient, Lifetime Achievement Award, Virginia State Bar Association Family Law Section. Former President and Vice President, respectively: International Academy of Matrimonial Lawyers and American Academy of Matrimonial Lawyers
“I purchased Family Law Depositions and found it immensely helpful. I found the book to be comprehensive, well organized and easy to use. Congratulations on a great work!”
Kay Polk. Esq. Houston, Texas
About the Authors:
John Nichols is a 1964 graduate of Rice University and a 1967 graduate from the University of Houston College of Law. His legal career has been dedicated to trial work, with special emphasis on family law, personal injury law, and general civil trial litigation. He holds certifications from the Texas Board of Legal Specialization in Family Law, Personal Injury Law and Civil Trial Law.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas’ "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, family law and more.
Joe Phillips graduated in 1984 from the University of California-Berkeley’s School of Law (Boalt Hall). He also holds a Master’s Degree from the University of Chicago. His legal practice has focused on litigation and involved family law, complex product liability litigation, class actions, constitutional law, commercial law, insurance bad faith claims, consumer protection law, and maritime/aviation law. He has authored law review and continuing legal education articles and an extensive book chapter on tort liability.