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While
experienced family law lawyers are undoubtedly familiar with the array
of research resources most useful to the family law practitioner, new
attorneys and attorneys new to family law practice may need guidance in
locating and identifying the most efficient and useful source material
to help them in their family law work. Sherri L. Katz provided an excellent
and comprehensive list of family law resources in her article ‘‘Best Research
Resources on Family Law,’’ Mich BJ 79, no. 2 (2000): 196 (hereinafter
‘‘Best Research Resources’’). Although the article is three years old,
its excellent and comprehensive descriptions of the ‘‘best’’ resources
in the field and citations to relevant federal laws are still useful.
This list is intended to provide an updated list of the major resources
likely to be of use to the new family law attorney. It is not intended
to provide comprehensive identification or coverage of family law issues
or resources.
‘‘Family
law’’ is ‘‘[t]he body of law dealing with marriage, divorce, adoption,
child custody and support, and other domestic relations issues.’’1
It is also referred to as the law of ‘‘domestic relations.’’ Other domestic
relations issues encompassed by family law include matters relating to
cohabitation, paternity, child abuse, juvenile delinquency, and domestic
violence. As with other areas of law, family law practice is also related
to and affected by other bodies of law, including bank„uptcy, pensions,
and tax law as well as criminal law. Family law practitioners must be
knowledgeable about related areas of law to ensure effective representation
of their clients.
Getting
Started in Family Law Practice
An
excellent and current overview of getting started in family law practice
is found in Chapter 1, ‘‘Family Law Practice Issues’’ in vol. 1 of Michigan
Family Law, 5th ed., edited by Scott Bassett, Judith A. Curtis, Sherri
L. Katz, Ann Arbor, Mich.: Institute of Continuing Legal Education, c1998
(kept up-to-date by loose-leaf releases). Chapter 1 includes tips on ‘‘developing
and marketing expertise’’ as well as information on fee arrangements,
client arrangements, and ethical and malpractice issues.
The
first chapter of Family Law and Practice, edited by Richard S.
Victor, St. Paul, Minn.: West Group, c1997 (kept up-to-date by loose-leaf
releases) also provides useful information on ‘‘How to Open and Build
a Family Law Practice.’’ This chapter includes a sample outline for an
office operations man*al and information on records management.
More
general information on starting a law practice is found in Chapter 1,
‘‘Opening a Law Practice’’ in vol. 1 of Michigan Basic Practice Handbook,
5th ed. Ann Arbor, Mich.: Institute of Continuing Legal Education, c2001
(kept up-to-date by loose-leaf releases).
Additional
information about fee agreements and arrangements that may be particularly
useful to the new practitioner is found in Attorney Fee Agreements,
2d ed., edited by Emma R. Stephens, Ann Arbor, Mich.: Insti*ute of
Continuing Legal Education, c2002 (kept up-to-date by loose-leaf releases).
ChapWers 1 through 3 provide general information on fee agreements, while
Chapter 8 specifically discusses fee agreements in divorce cases.
Major
Family Law Treatises
The
two major treatises identified by Katz in ‘‘Best Research Resources’’
remain the most comprehensive in the field for the Michqgan family law
practitioner, and will be especially useful to the new attorney beginning
a family law practice.
Michigan
Family Law, 5th ed., is a comprehensive two-volume work with authored
chapters covering all aspects of family law practice in Michigan. Citations
to relevant Michigan and federal law are provided in each chapter; forms
related to the area of family law discussed in each chapter are also included.
A detailed table of contents of the treatise is available on the ICLE
website http://www.icle.org/products/
(search for family law books).
Family
Law and Practice, edited by Richard S. Victor, St. Paul, Minn.: West
Group, c1997 (kept up-to-date by loose-leaf releases) is a comprehensive
three-volume treatise with chapters covering the full range of family
law topics. Family Law and Practice also includes citations to
federal and Michigan law, practitioner tips and forms.
Other
Useful Family Law Publications
Michigan
Family Law Benchbook, prepared for the State Court Administrative
Office, a division of the Michigan Supreme Court, by the Institute of
Continuing Legal Education, Ann Arbor, Mich.: Institute of Continuing
Legal Education, c1999 (kept up-to-date by loose-leaf releases) includes
useful summaries of the law for each included family law topic; it also
includes citations to relevant Michigan statutes, practice tips and forms,
and should be especially useful to the attorney new to family law practice
because of its excellent overviews of the law.
Volume
4, Michigan Legal Forms, 2000 rev. ed., edited by Wesley P. Hackett,
Jr. (kept up-to-date by supplements) includes a wide range of family law
forms relating to adoption, children, custody and child support, divorce,
elderly persons, marital agreements, and cohabitation.
Divorce
Cases in Michigan: A Systems Approach, 2nd ed. by Monika Holzer Sacks,
Ann Arbor, Mich.: Institute of Continuing Legal Education, c2003 (kept
up-to-date by loose-leaf releases) is a step-by-step practical manual
designed to guide a practitioner through a di„orce case. Its many forms
and practice tips should be exceptionally helpful to the attorney new
to divorce practice and procedure.
Chapter
2, ‘‘Divorce Cases’’ in vol. 1 of Michigan Basic Practice Handbook,
5th ed. provides an overview of divorce law and detailed information on
handling a divorce case, including child custody and child and spousal
support issues; the ‘‘Divorce’’ chapter also includes forms. Chapter 5,
‘‘Basic Bank.uptcy Law’’ includes a discussion of alimony,;maintenance,
and child support obligations in bankruptcy.
QDROs,
EDROs & Division of Employee Benefits on Divorce: A Guide for Michigan
Practitioners, 2nd ed., edited by Nancy Keppelman, Ann Arbor, Mich.:
Institute of Continuing Legal Education, c2002 (kept up-to-date by loose-leaf
releases) provides comprehensive discussions and strategies for handling
the valuation and division of benefits upon divorce, including issues
relating to social security benefits; tax consequences are also covered.
This will be an essential tool for the attorney new to divorce law practice.
Forms are included.
Domestic
Violence: A Guide to Civil and Criminal Proceeding, 2nd ed. by Mary
M. Lovik, Lansing, Mich.: Michigan Judicial Institute, c2001. This resource,
also available in PDF format on the web from the Michigan Judicial Institute
website, covers the full range of legal issues arising in domestic violence
cases, including evidence, custody, and access to children and personal
protection orders, http://courts.michigan.gov/mji/resources/publications.htm.
Juvenile
Justice Benchbook: Delinquency and Criminal Proceedings, rev. ed.
by Tobin L. Miller, Lansing, Mich.: Michigan Judicial Institute, c2003,
also available in full text PDF format from the Michigan Judicial Institute
website, http://courts.michigan.gov/mji/
resources/publications.htm, is a comprehensive resource that provides
an overview and details of proceedings involving juveniles, from delinquency
proceedings to waiver proceedings.
The
Michigan Bar Journal publishes a thematic issue devoted to family
law periodically. The included articles provide useful and timely information
on trends and practices in family law.
Web
Resources Providing Access to Family Law Resources
Institute of Continuing Legal Education website:
The
Family Law practice area section of the ICLE website provides links to
a broad spectrum of Internet resources for the family law practitioner.
It includes links to Michigan, federal, and general law websites, ‘‘Key
Family Law Sites,’’ links to websites that provide free access to legal
forms, valuation websites, associations, family law discussion groups,
and other current awareness information sources. Many of the websites
are also useful for finding family law statutes and forms for other states,
http://www.icle.
org/lawlinks/practice/family.htm.
The
ICLE website also provides well-organized links to the free electronic
versions of Michigan Compiled Laws, Michigan Supreme Court, and Michigan
Court of Appeals opinions and the Michigan Administrative Code, http://www.icle.org/michlaw/;
its publications section is a useful tool for keeping track of new books
on Michigan family law, http://www.icle.org/products/.
State
Bar of Michigan Family Law Section website:
The
Family Law Section of the State Bar of Michigan provides free access to
the full-text electronic version of the Michigan Family Law Journal
back to March 1998. The Michigan Family Law Journal is an excellent
tool for keeping track of recent family law court decisions. It also provides
practice tips, http://www.michbar.org/family/home.html.
Michigan
Judicial Institute publications page:
This
page provides free electronic access to PDF versions of several family
law related works including the Adoption Proceedings Benchbook, the
Child Protective Proceedings Benchbook, the Friend of the Court
DV Resource Book, and the Lawyer-Guardian ad Litem Protocol,
http://courts.michigan.gov/mji/resources/publications.htm.
Michigan
Family Independence Agency website:
This
comprehensive website provides access to regulations, government reports,
and more importantly, it provides full-text free electronic access to
many of the most important FIA manuals, including the rogram Administrative
Manual, the Program Eligibility Manual, the Child Support
Manual, the Combined IV-D Policy Manual, and the Friend
of the Court Manual. New family law practitioners should fully explore
the resources and information provided by this site, http://www.michigan.gov/fia.
Michigan
Legislature website:
The
Bills section of the Michigan Legislature website permits users to search
bills by category, including a separate category for ‘‘family law.’’ The
site also provides full text access to bills and legislative analyses,
as well as to the status of legislation of interest. This site may be
used to help a family law practitioner stay in touch with family law legislative
developments at no cost.
The
Michigan Legislature site also includes a section Frequently Requested
Laws by category. The Family Law category includes PDF versions of the
major family law statutes, including the Adoption Code, the Child Custody
Act, Divorce Statutes, the Marriage Law, and many others, http://www.michiganlegislature.org/mileg.asp?page=mostrequestedbycategory.
Michigan
Poverty Law Program website:
This
site does not have a section devoted to family law, but it does have a
well-organized page with links to ‘‘Essential Sites for Primary Law;’’
this page includes links to major Michigan and federal primary law, including
the FIA Manuals Online, http://www.mplp.
org/primarylaw.shtm.
Footnote
1.
Blacks Law Dictionary, 7th ed. 621 (1999).
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