In 2004 a survey was conducted of the family court judges to be the top 10 trial procedures that family lawyers should not do and the top 10 trial procedures that family lawyers should do. Here are the procedures that judge’s recommend:

1. Complete mediation prior to going to trial. Exhaust all alternative dispute mechanisms. The best resolution is one the parties make for themselves, rather than externally imposed. Although most trial orders require that the parties attend mediation before trial, trial orders are not always followed and the lawyers come to trial without having mediated their case or attempted alternative dispute resolution mechanisms, much less exhausted all.

2. Know your facts divorce law is fact driven and fact intensive. If the family lawyer has associates or other personnel “work up: the case, the lawyer is not as familiar with the facts as he or she should be. In order for the family court judge to make findings, facts and circumstances must be presented. If the lawyer does not know and present the facts, the family court judge cannot make mandatory facts.

3. Tell the judge what your client wants in opening and why the court should grant this in closing. There is not jury in a family law trial, yet lawyers seem to want to use drama and “hooks” rather than present what the family court judge needs.

4. Know the rules of evidence and follow them. Family Court judges, in most circuits, rotates to different divisions. Somehow, family lawyers forget that, although in chambers which are less formal than a courtroom in most cases, the rules of evidence do apply. Family court judges expect that family lawyers will fallow there rules of evidence.

5. File an initial financial affidavit with all income, asset and liability values as of the date closest to filing and an updated financial affidavit close to trial with all income, asset and liability values as of the date closets to trial. The Supreme Court has mandated financial affidavits in all cases. This requires can not be waived. There is not limit for motions for relief from a judgment based on fraudulent financial affidavits. Property and fully completed financial affidavits are expected and fully relied upon by the family court judge in making findings.

6. Be selective in presentation of evidence. Do not put every discovery document into evidence tending to prove or disprove a material fact. Not every credit card bill or bank statement is relevant. Point out what is relevant and forget the rest. Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger or unfair prejudice, confusion of issues, misleading or needless presentation of cumulative evidence.

7. Know how to introduce documents, pictures, exhibits, etc. into evidence for the judge to make findings.

8. Have a plan and trial outline it is unnerving to a family court judge who is asked to allow re-cross and re-direct because of poor preparation. The family court judge has an outline in the statutes and case law presumptions, burdens, factors, and mandatory findings. Work from the same outline and create a plan. Prepare. Family court judges can immediately tell if the lawyer is prepared.

9. Do reality training with the client and estimate the family law.

10. Meet with your client and witnesses prior to trial.