Attorney's Fees

952 Pages·2017·13.9 MB·English

Thursday-Saturday, May 24-26, 2018
36TH ANNUAL
FAMILY LAW INSTITUTE
14 CLE Hours, Including
1 Ethics Hour | 1.5 Professionalism Hours | 5.5 Trial Practice Hours
Sponsored By: Institute of Continuing Legal Education
Copyright © 2018 by the Institute of Continuing Legal Education of the State Bar of Georgia.
All rights reserved. Printed in the United States of America. No part of this publication may be
reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic,
mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE.
The Institute of Continuing Legal Education’s publications are intended to provide current and
accurate information on designated subject matter. They are offered as an aid to practicing
attorneys to help them maintain professional competence with the understanding that the
publisher is not rendering legal, accounting, or other professional advice. Attorneys should
not rely solely on ICLE publications. Attorneys should research original and current sources of
authority and take any other measures that are necessary and appropriate to ensure that they
are in compliance with the pertinent rules of professional conduct for their jurisdiction.
ICLE gratefully acknowledges the efforts of the faculty in the preparation of this publication
and the presentation of information on their designated subjects at the seminar. The opinions
expressed by the faculty in their papers and presentations are their own and do not necessarily
reflect the opinions of the Institute of Continuing Legal Education, its officers, or employees. The
faculty is not engaged in rendering legal or other professional advice and this publication is not
a substitute for the advice of an attorney. This publication was created to serve the continuing
legal education needs of practicing attorneys.
ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring
a competent attorney or other professional. If you require legal or other expert advice, you
should seek the services of a competent attorney or other professional.
Although the publisher and faculty have made every effort to ensure that the information
in this book was correct at press time, the publisher and faculty do not assume and hereby
disclaim any liability to any party for any loss, damage, or disruption caused by errors or
omissions, whether such errors or omissions result from negligence, accident, or any other
cause.
The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting
a well organized, properly planned, and adequately supported program of continuing legal
education by which members of the legal profession are afforded a means of enhancing their
skills and keeping abreast of developments in the law, and engaging in the study and research
of the law, so as to fulfill their responsibilities to the legal profession, the courts and the public.
Printed By:
HOW
CAN WE
HELP YOU?
Who are we? How does SOLACE work? What needs are addressed?
SOLACE is a program of the State If you or someone in the legal Needs addressed by the SOLACE
Bar of Georgia designed to assist community is in need of help, simply program can range from unique medical
those in the legal community who email [email protected]. Those emails conditions requiring specialized referrals
have experienced some significant, are then reviewed by the SOLACE to a fire loss requiring help with clothing,
potentially life-changing event in their Committee. If the need fits within the food or housing. Some other examples
lives. SOLACE is voluntary, simple and parameters of the program, an email of assistance include gift cards, food,
straightforward. SOLACE does not with the pertinent information is sent meals, a rare blood type donation,
solicit monetary contributions but to members of the State Bar. assistance with transportation in a
accepts assistance or donations in kind. medical crisis or building a wheelchair
ramp at a residence.
Contact [email protected] for help.
The purpose of the SOLACE program is to allow the legal community to
provide help in meaningful and compassionate ways to judges, lawyers,
court personnel, paralegals, legal secretaries and their families who
experience loss of life or other catastrophic illness, sickness or injury.
TESTIMONIALS
In each of the Georgia SOLACE requests made to date, Bar members have graciously
stepped up and used their resources to help find solutions for those in need.
A solo practitioner’s A Louisiana lawyer was in need A Bar member was dealing Working with the South
quadriplegic wife needed of a CPAP machine, but didn’t with a serious illness and in Carolina Bar, a former
rehabilitation, and members have insurance or the means the midst of brain surgery, paralegal’s son was flown
of the Bar helped navigate to purchase one. Multiple her mortgage company from Cyprus to Atlanta
discussions with their members offered to help. scheduled a foreclosure on (and then to South Carolina)
insurance company to obtain her home. Several members for cancer treatment.
the rehabilitation she required. of the Bar were able to Members of the Georgia and
negotiate with the mortgage South Carolina bars worked
company and avoided the together to get Gabriel and
pending foreclosure. his family home from their
long-term mission work.
Contact [email protected] for help.
v
FOREWORD
Dear ICLE Seminar Attendee,
Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this
program. Also, we would like to thank the volunteer speakers. Without the untiring dedication
and efforts of the Chairperson(s) and speakers, this seminar would not have been possible. Their
names are listed on the AGENDA page(s) of this book, and their contributions to the success
of this seminar are immeasurable.
We would be remiss if we did not extend a special thanks to each of you who are attending this
seminar and for whom the program was planned. All of us at ICLE hope your attendance will
be beneficial as well as enjoyable We think that these program materials will provide a great
initial resource and reference for you.
If you discover any substantial errors within this volume, please do not hesitate to inform us.
Should you have a different legal interpretation/opinion from the speaker’s, the appropriate
way to address this is by contacting him/her directly.
Your comments and suggestions are always welcome.
Sincerely,
Your ICLE Staff
Jeffrey R. Davis
Executive Director, State Bar of Georgia
Tangela S. King
Director, ICLE
Rebecca A. Hall
Associate Director, ICLE

vii
AGENDA
Presiding:
R. Scot Kraeuter, Program Chair; Vice Chair, Family Law Section, State Bar of Georgia; Johnson Kraeuter &
Dunn LLC, Savannah, GA
THURSDAY, MAY 24, 2018
7:30 FIRST TIMERS’ BREAKFAST
7:30 REGISTRATION AND CONTINENTAL BREAKFAST
(All attendees must check in upon arrival. A jacket or sweater is recommended.)
8:00 OPENING REMARKS
8:15 HOW TO HANDLE A D FCS INVESTIGATION
Moderator: ivory t. brown, Secretary, Family Law Section; ivory t. brown, p.c., Atlanta, GA
Hon. Belinda E. Edwards, Judge, Fulton County Superior Court, Atlanta, GA
Kelly Thornton, Division of Family and Children’s Services, Lead Field Program Specialist,
Brunswick, GA
Deidre’ Stokes Merriman, Former Associate SAAG and Child Welfare Attorney,
Atlanta, GA
8:45 HANDLING THE UNMANAGEABLE CLIENT
Hon. Shana M. Rooks, Judge, Clayton County Superior Court, Jonesboro, GA
Barry B. McGough, Past Chair, Family Law Section; Warner Bates McGough McGinnis &
Portnoy PC, Atlanta, GA
9:15 HOT TIPS: FORENSIC ACCOUNTING
Moderator: Shiel G. Edlin, Past Chair, Family Law Section; Stern Edlin Family Law PC,
Atlanta, GA
Ansley L. Callaway, CPA/CFF, CVA, CDFA, Callaway & Company, LLC, Atlanta, GA
Sherri Holder, CPA/ABV/CFF, CVA, The Holder Group LLC, Marietta, GA
Elizabeth J. Garrett, J.D., CPA, CVA, Frazier & Deeter LLC, Atlanta, GA
9:45 BREAK AND ANNOUNCEMENTS
9:55 NAVIGATING CONTESTED CUSTODY LITIGATION AND PROFESSIONALISM:
AVOID THE PITFALLS
Moderator: J. Ashley Sawyer, Sawyer Family Law LLC, Roswell, GA
Hon. Tangela H. Barrie, Chief Judge, Stone Mountain Circuit Superior Court, Decatur, GA
Hon. Ashley Wright, Judge, Augusta Circuit Superior Court, Augusta, GA
Hon. John E. Morse, Jr., Judge, Eastern Circuit Superior Court, Savannah, GA
Hon. J. Stephen Schuster, Judge, Cobb Circuit Superior Court, Marietta, GA
Hon. Verda M. Colvin, Judge, Macon Circuit Superior Court, Macon, GA
Hon. J. Kevin Chason, Judge, South Georgia Circuit Superior Court, Cairo, GA
Hon. Michael T. Muldrew, Judge, Ogeechee Circuit Superior Court, Statesboro, GA
10:55 ATTORNEY’S FEES: STATUTES AND COLLECTION TIPS
Hon. Horace J. Johnson, Jr, Judge, Alcovy Circuit Superior Court, Covington, GA
Hon. J. Wade Padgett, Judge, Augusta Circuit Superior Court, Augusta, GA
Tina Shadix Roddenbery, Past President, Young Lawyers Division; Past Chair, Family Law
Section; Holland Roddenbery LLC, Atlanta, GA
11:25 DOMESTIC PRACTICE AND ETHICS
Hon. Meng H. Lim, Judge, Tallapoosa Circuit Superior Court, Tallapoosa, GA
Hon. Penny Haas Freesemann, Judge, Eastern Circuit Superior Court, Savannah, GA
Paula J. Frederick, General Counsel, State Bar of Georgia, Atlanta, GA
Douglas V. Chandler, Chandler & Moore Law, LLC, Atlanta, GA
12:25 HIDDEN CRIMINAL L AW L ANDMINES FOR THE FAMILY LAW PRACTITIONER
Hon. Kathy S. Palmer, Chief Judge, Middle Circuit Superior Court, Swainsboro, GA
K. Paul Johnson, Past Chair, Family Law Section; Johnson Kraeuter & Dunn LLC,
Savannah, GA
Steven Beauvais, Zipperer Lorberbaum & Beauvais PC, Savannah, GA
12:55 TRUSTS AND EQUITABLE DIVISION: GIBSON V. GIBSON
Hon. Robert Dale Leonard, II, Judge, Cobb County Superior Court, Marietta, GA
Hon. Arthur L. Smith, III, Judge, Chattahoochee Circuit Superior Court, Columbus, GA
Kevin J. Rubin, Marple Law Firm, LLC, Atlanta, GA
Emily Shoemaker Newton, King & Spalding LLP, Atlanta, GA
1:40 RECESS
1:40 FAMILY L AW SECTION DIVERSITY COMMITTEE LUNCH
1:55- OPTIONAL SESSION: AAML: BRING YOUR FILE
2:40
5:30- WELCOME RECEPTION
8:30 Conference Center Front Lawn (Rain location: Conference Center)
7:30- JUDGES’ AND SPEAKERS’ DINNER
9:00 Westin Hotel
FRIDAY, MAY 25, 2018
7:30 CONTINENTAL BREAKFAST
8:00 FEDERAL TAX ISSUES AND PITFALLS IN DIVORCE
Hon. Michael L. Karpf, Chief Judge, Eastern Circuit Superior Court, Savannah, GA
Martin S. “Marty” Varon, CPA/CFF/ABV, CVA, J.D., IAG Forensics & Valuation, Marietta, GA
Dan Branch, CPA/ABV, ASA, IAG Forensics & Valuation, Marietta, GA
Andrew M. “Drew” Wilkes, Oliver Maner LLP, Savannah, GA
8:45 PSYCHOLOGIST PANEL: NARCISSISM AND DIVORCE
Moderator: Sean M. Ditzel, Abernathy Ditzel, LLC, Atlanta, Marietta, GA
Hon. Robert S. Reeves, Judge, Middle Circuit Superior Court, Swainsboro, GA
Allison B. Hill, Ph.D., J.D., Peachtree Psychological Associates, Atlanta, GA
Nancy McGarrah, Ph.D., Cliff Valley Psychologists P.A., Atlanta, GA
9:30 EVIDENCE PART I
Hon. Denise Marshall, Judge, Dougherty County Superior Court, Albany, GA
Hon. Kimberly A. Childs, Judge, Cobb County Superior Court, Marietta, GA
Paul Milich, Professor of Law and Director of Lawyering Advocacy, Georgia State
University College of Law, Atlanta, GA
10:00 BREAK, ANNOUNCEMENTS AND LEGISLATIVE UPDATE
10:15 COURT OF APPEALS OF GEORGIA ORAL ARGUMENT
(10 minute Q&A to follow oral arguments.)
Hon. Anne Elizabeth Barnes, Presiding Judge, Atlanta, GA
Hon. Carla Wong McMillian, Judge, Atlanta, GA
Hon. Clyde L. Reese, III, Judge, Atlanta, GA
Introduction: Nancy I. Jordan, Warner Bates McGough McGinnis & Portnoy PC, Atlanta, GA
12:15 RECENT DEVELOPMENTS: TOP CASES OF THE PAST YEAR
Sarah McCormack, Hoelting & McCormack, LLC, Atlanta, GA
Jonathan V. Dunn, Johnson Kraeuter & Dunn LLC, Savannah, GA
1:00 RECESS
1:00 YLD BEACH PARTY
6:30- FAMILY LAW SECTION RECEPTION WITH THE SPECIFIC DEVIATIONS
9:30 Conference Center Front Lawn (Rain location: Conference Center)
FRIDAY BREAK OUT SESSIONS
10:00 BRINGING IN REINFORCEMENTS, WHEN TO ASSOCIATE CO-COUNSEL AND HIRE EXPERTS
Hon. Bemon G. McBride, III, Chief Judge, Chattahoochee Circuit Superior Court, Columbus, GA
Sheri T. Lake, Smith & Lake LLC, Atlanta, GA
Kimberly G. Ader, Davis, Davis Matthews & Quigley PC, Atlanta, GA
10:30 BASIC USE OF A PRIVATE INVESTIGATOR
Brent M. Williams, Hawk Professional Investigations, Inc. Atlanta and Savannah, GA
Regina Irene Edwards, Edwards Family Law, Atlanta, GA
11:00 HOW TO PREP A C LIENT TO TESTIFY
Hon. Robert W. Guy, Jr., Judge, Camden County Superior Court, Woodbine, GA
Leigh F. Cummings, Editor, Family Law Section, State Bar of Georgia;
Connell Cummings LLC, Atlanta, GA
Cherese C. Clark-Wilson, Clark Lowery & Lumpkin LLC, Atlanta, GA