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Lexis Nexis Complex issues in California Family Law-Volume B
Fiduciary Duties-A Practical Approach: Handling Fiduciary Duty Issues in the Day-to-Day Practice of Family Law
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Fiduciary Duties—A Practical Approach: Handling Fiduciary Duty Issues in the Day-to-Day Practice of Family Law
Follow the detailed, step-by-step game plan to implement and also enforce mandated disclosure obligations to identify all property and to avoid a set-aside of the judgment. Delivers the reasoning to help resolve issues such as:
• Postseparation Duty: Cautions that in most cases a client is in breach before setting foot in your office.
• Sanctions: How to prevent breach and exposure to court award of "money sanctions" and 100% of community asset in question to wronged spouse.
• Application of Fiduciary Duties in Daily Practice: Includes over 100 pages of sample letters, notices, informal discovery requests, preliminary and final declarations of disclosure and "decision trees."
Follow the detailed, step-by-step game plan to implement and also enforce mandated disclosure obligations to identify all property and to avoid a set-aside of the judgment. Delivers the reasoning to help resolve issues such as:
• Postseparation Duty: Cautions that in most cases a client is in breach before setting foot in your office.
• Sanctions: How to prevent breach and exposure to court award of "money sanctions" and 100% of community asset in question to wronged spouse.
• Application of Fiduciary Duties in Daily Practice: Includes over 100 pages of sample letters, notices, informal discovery requests, preliminary and final declarations of disclosure and "decision trees."
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Table of Contents
B1 Point of View
B2 Importance of Interspousal Fiduciary Duties and Disclosure Obligations in Day-To-Day Practice of Family Law
B3 Overview of Fundamental Principles of Interspousal Fiduciary Duties
B4 Overview of Fiduciary Duty Issues Arising From Premarital Agreements
B5 Overview of General Presumption of a Confidential Relationship Arising When a Man and Woman Marry
B6 Overview of General Presumption of Duty Arising from Management and Control of Community Property
B7 Overview of Effect of Confidential Relationship on Interspousal Transactions
B8 Analysis of Postseparation Fiduciary Duties
B9 Ethical Issues for Attorneys Relating to Client's Disclosure Obligations
B10 A Practical Approach to Handling Fiduciary Duties in Day-to-Day Practice of Family Law
B11 Enforcing Disclosure Obligations
B12 Protective Orders and Other Protective Measures
B13 Where Do We Go from Here?
Appendices
Index
