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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ISBN: 9780769880853
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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."

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Table of contents

Chapter B1 Point of View
Chapter B2 Importance of Interspousal Fiduciary Duties and Disclosure Obligations in Day-To-Day Practice of Family Law
Chapter B3 Overview of Fundamental Principles of Interspousal Fiduciary Duties
Chapter B4 Overview of Fiduciary Duty Issues Arising from Premarital Agreements
Chapter B5 Overview of the General Presumption of a Confidential Relationship Arising When Two People Marry
Chapter B6 Overview of General Presumption of Duty Arising from Management and Control of Community Property
Chapter B7 Overview of Effect of Confidential Relationship on Interspousal Transactions
Chapter B8 Analysis of Post-Separation Fiduciary Duties
Chapter B9 Ethical Issues for Attorneys Relating to the Client’s Disclosure Obligations
Chapter B10 A Practical Approach to Handling Fiduciary Duties in Day-to-Day Practice of Family Law
Chapter B11 Enforcing Disclosure Obligations
Chapter B12 Protective Orders and Other Protective Measures
Appendix BI: Sample Completed Final Declaration of Disclosure
Appendix BII: Augmentation of Disclosure
Appendix BIII: Sample Document Request Letter
Appendix BIV: Sample Disclosure Letter
Appendix BV: Sample Legal Analysis Letter
Appendix BVI: Sample Letter to Client re: Fiduciary Duties and Disclosure
Appendix BVII: Sample Notice of Fiduciary Duties
Appendix BVIII: Sample Cover Letter to Opposing Counsel re: Notice of Fiduciary Duties
Appendix BIX: Sample Letter to Opposing Counsel Requesting Compliance With Disclosure Duties
Appendix BX: Fiduciary Duty Decision Trees
Appendix BXI: Protective Orders