About Divorce by Rice Law

Parenting Plans in Memphis, TN

2012-02-22T10:05:00.003-06:00

Memphis Parenting Plan Attorney

The law in Memphis, TN requires that all cases involving the placement of child must have a parenting plan on file with the court. Creating a parenting plan requires an understanding of Tennessee custody laws and how they apply to your unique situation. A parenting plan outlines the custodial rights of each parent. The Memphis family law attorneys at Rice, Amundsen, and
Caperton understand that negotiating a parenting plan is a very emotional process. Let a Memphis child custody lawyer at Rice, Amundsen, and Caperton help you and your ex come up with a parenting plan that is fair and equitable.

Child Custody Lawyer Germantown, TN

A parenting plan in Germantown, TN will outline the custody, visitation, and decision making rights of each parent. Parenting plans are often very detailed in order to make the rights of each parent very clear. The parenting plan may include which parent has a child on certain holidays, who picks a child up from school, which days of the week each parent has a child, and residential plans such as this. Creating a parenting plan can be tedious and stressful. Do not go through this stress alone. Allow a Memphis family law attorney to guide you through the steps.

Contact a Memphis Family Lawyer Today

If you are concerned about your rights as a parent following a divorce or break up, contact a Germantown, TN child custody attorney. A parenting plan will create a stable living situation for your children. It will also establish clarity between you and your ex as to your specific parenting roles. At Rice, Amundsen, and Caperton we understand how important your children are to you. Contact our Memphis, TN based firm today.

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

2012-02-20T16:49:00.001-06:00

Memphis Divorce Attorney Larry Rice discusses the importance of not snooping in a divorce case. It can get you in a lot of trouble. Watch out because you could be charged with a criminal sanction. Snooping will hurt you, more than it can help you.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=1ZEjLcEBqxE

Memphis Divorce Attorney Larry Rice: on Relocation in TennesseeMemphis Divorce Attorney

2012-02-17T11:53:00.001-06:00

Larry Rice discusses the importance of Relocation. Does the moving primary parent have a good reason to go? Mr. Rice recommends that you want to do what is in the best interest of the children.To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=KDRhQgxZH2c

Alimony Attorney in Memphis, TN

2012-02-15T09:09:00.006-06:00

Divorce Lawyer Memphis, TN

If you are considering filing for divorce, you may be wondering how you could support yourself on your own. Fortunately, in Memphis, the court has the ability to award alimony to ex-spouses. Alimony is a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce. In Memphis, the court recognizes four types of alimony and can grant more than one type of alimony to an individual. The four types of alimony are alimony in futuro, rehabilitative alimony, lump sum alimony, and transitional alimony. If you want to be informed of your rights regarding alimony, it's best to consult a Memphis divorce attorney.

Germantown Alimony Attorney

Alimony in futuro allows an economically disadvantaged spouse to maintain a lifestyle similar to that of when she was married. If a judge determines that a spouse cannot reasonably achieve a similar type of lifestyle on her own, he may grant the spouse alimony in futuro. Rehabilitative alimony is financial support that is provided for a shorter period of time. This type of alimony allows a spouse to get adjusted to the new living situation and "rehabilitate" themselves financially. Lump sum alimony is a one-time payment of alimony. If you think this is the best form of alimony for you, it's best to seek the advice of a Germantown divorce lawyer. The fourth types of alimony that may be granted by the court is transitional alimony. This type of alimony helps a spouse transition in to her new financial standing.

Family Law in Memphis

Do not allow yourself to be taken advantage of if you are going through a divorce. At Rice, Amundesen, and Caperton, we will make sure you get the alimony support you deserve. Contact the Memphis based divorce attorneys at Rice, Amundsen, and Caperton today.

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

2012-02-13T09:33:00.000-06:00

Memphis, Tennessee Divorce Attorney Larry Rice gives an overview of how to divide property in divorce cases. He explains the two different types of property: separate property and marital property. Larry Rice defines separate property as any property acquired prior to the marriage or received as a gift or inheritance during the marriage. He also discusses marital property and states that judges tend to consider other factors such as income and separate property when determining how to divide the spouse's marital property.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=P5Cwu4DRAvg

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

2012-02-10T08:58:00.001-06:00

Memphis Divorce Attorney Larry Rice discusses the purpose of Pendente Lite Support hearings in Tennessee. Pendente Lite, Latin for "pending litigation," is a good way to establish temporary child support until the final divorce hearing. Attorney Larry Rice explains that the Divorce Referee only considers income, expenses and the Child Support guidelines when deciding temporary support at the Pendente Lite hearings. Other factors that would contribute to granting a fault divorce in Tennessee do not hold much weight at a Pendente Lite hearing.

To view this entire video, follow the link below:

http://www.youtube.com/watch?v=9MCGn4jOwpU

Clerking at Rice Law: by Blair Beaty

2012-02-08T16:13:00.003-06:00

Memphis Divorce Attorney

One of the great, albeit depressing, things about the practice of family law is that it is recession proof. According to the The Memphis News, divorces made up the largest percent of filings in 2011, followed by hospital liens and auto accident claims. In 2010, divorces made up the second largest category of filings. Although the growth in divorce filings was not as strong as the growth in hospital liens for 2011, divorce filings were the highest in both Circuit Court, with 2,015 divorce filings out of 7,069 total filings, and Chancery Court, with 660 divorce filings our of 2,180 total filings.

Another study, performed by 24/7 Wall St., analyzed a report by the U.S. Census Bureau which was based on marital patterns of Americans in 2009. The report, released in August 2011, listed Tennessee as the 9th state for highest divorce rates. They report showed a strong correlation between divorce and poverty.

Filing for Divorce in Germantown, TN

Some may say it is the stress of the economy that drives spouses to a breaking point. This makes some sense when we take into account that Tennessee has always been ranked among the poorest states, even before the economic crisis hit.

It could also be that Tennessee has made it easier for spouses to file for divorce on their own. Beginning on September 1 , 2011, Tennesseans without minor children or pension plans could file for uncontested divorces without the help of an attorney. Obviously, the availability of the new forms substantially decreases the cost for most people seeking a divorce. The low cost option may be driving people who had been avoiding divorce for financial reasons to come forward and file.

Or perhaps people, especially the younger generations, have formed new attitudes regarding marriage and see it as a semi-permanent situation where there is always a way out.

No matter what the cause, high divorce rates are a good thing in this business. More divorces means more profits, and more profits means harder working attorneys.

Don’t get me wrong- I don’t mean “good thing” in a “let’s make money at the expense of other people’s feelings” type way; quite the opposite, actually. In my experience at Rice Amundsen and Caperton, making things better is what it is all about. Clients come to us when they are going through one of the worst situations of their lives and I always feel, at the end of the day, that we have given them a “silver lining” to hold onto.

To end, the point I would like to make is that perhaps a high divorce rate isn’t something to be concerned with; perhaps it means that people are finally feeling empowered to choose to get out of unhealthy and toxic situations and just be happy.

After all, life is short.

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

2012-02-06T15:03:00.001-06:00

Memphis Divorce Attorney Larry Rice discusses the importance of not involving children in the divorce process. He recommends still parenting together by emphasizing each parents' love for their children and by not criticizing the other spouse in front of the children. Larry Rice also addresses the main components and faults of the Child Support Worksheet in Tennessee. He concludes by reiterating his point to parent together and to not talk badly about the other spouse.

To view the entire video, follow the link below:

http://www.youtube.com/watch?v=i8mdqj1eUYA

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

2012-02-03T15:08:00.000-06:00

Memphis Divorce Attorney Larry Rice discusses how spouses should approach negotiating before signing the Marital Dissolution Agreement (MDA). He explains the complexity of the MDA and advises couples to seek counsel when it is time to draft the MDA. Larry Rice also suggests the appropriate setting for a successful negotiation between spouses before signing the Marital Dissolution Agreement.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=pJsDofb0eiw

Clerking at Rice Law: by Tracy Cermak

2012-02-01T08:52:00.002-06:00

When I started my job at Rice Law, I knew that I would learn each day what it takes to be successful in family law. My time at the firm has done just that, but I have also learned some unexpected lessons.

During my first few days with the firm, I was surprised to see how technology plays such a large role in the everyday happenings at the law firm. Scanning, burning, Facebook, blogs, PayPal accounts, and iPhones have become a part of my daily routine as a law clerk. Unfortunately, I was also surprised at how technically unsavvy I really am. Within the first week, I had to learn to scan, burn, post blogs, use PayPal accounts, and the finer details of using an iPhone. I had some catching up to do after spending the past 2 years with my nose in a book. I also learned a valuable lesson as to what will happen if you forget to silence your cell phone while participating in a trial.

I not only learned how to perform these tasks, but I have also quickly realized how essential they are.

These tools help to ensure that our clients receive the best possible representation. They keep us organized, educated, and allow us to communicate efficiently and effectively. It is already hard to imagine what we would do without technology at Rice Law. I look forward to learning new skills and coming up with new or better ways to incorporate technology into my daily routine as a law clerk.

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

2012-01-30T10:53:00.001-06:00

Memphis Divorce Attorney Larry Rice defines legal separation and annulment. He explains that couples usually resort to legal separation because they are avoiding accepting the fact that the marriage is over and they need a divorce. However, under rare circumstances legal separation can be a good thing. Larry Rice also discusses annulments and describes them as alternatives to divorce when you find that the marriage was void from the beginning.

To view the entire video, follow the link below:

http://www.youtube.com/watch?v=ue6wmCnit-I

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

2012-01-27T11:53:00.000-06:00

Attorney Larry Rice discusses the various legal grounds for divorce including, but not limited to, adultery, habitual abuse of alcohol or narcotics, living separately for more than two years, willful or malicious desertion, conviction of a felony, bigamy, and inappropriate marital conduct, which is the most common ground for divorce. He also defines fault and no-fault divorces, explaining the differences between the two types.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=O4KaKl7OUMA

Clerking at Rice Law: by Laura Pratt

2012-01-25T11:52:00.001-06:00

Clerking for a Memphis Family Law Attorney

I wasn't sure what type of atmosphere to expect when I started working at Rice, Amundsen, and Caperton. I have been told that practicing family law, primarily divorce, can become very depressing. Therefore, I wasn't sure how enjoyable it would be to work for an attorney whose primary practice area is divorce. However, I have enjoyed the atmosphere and the people I have met over the last week. Everyone has been very helpful, which is good because I have needed a lot of help. Everyone also seems to get along well with each other and are able to joke around, which I have found is rare in an office setting. I can tell that the staff takes their work very seriously, but they also seem to value the way they treat one another. Needless to say, I have been pleasantly surprised by how un-depressing it's been to work for at a Memphis divorce law firm.

Memphis Divorce Lawyer

I am looking forward to learning more practical skills from the experienced staff at Rice, Amundsen, and Caperton. So far, I have had the opportunity to observe Mr. Rice in court, sit-in on a client interview, learn from the office staff, figure out where the paper goes in the copy machine, and push a dollie through the courthouse. My first week of work has been far more experiential than I had anticipated.

Memphis Divorce Attorney Larry Rice: on Domestic Violence in Tennessee

2012-01-23T14:26:00.000-06:00

Memphis Divorce Attorney Larry Rice discusses the twists and turns of abusive relationships and the vicious cycle that couples in violent relationships become caught in. He also discusses the effects of spousal abuse on children and how the parent can take initiative and get out of the situation before the effects on the children and family escalate.

To view the complete video, please follow the link below:

http://www.youtube.com/watch?v=Z04mFE_t0TY

Memphis Divorce Attorney: on Discovery in Tennessee

2012-01-20T10:17:00.001-06:00

Memphis Divorce Attorney Larry Rice discusses the stressful components of the discovery process when going through a divorce. He elaborates on the rules of discovery and the challenges both the attorneys and clients face when preparing the discovery.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=6LMH2-vA7JE

Clerking at Rice Law: by Jessica Farmer

2012-01-18T13:15:00.002-06:00

A “Tail” of Love: The Story of LawLaw

As most stories in the law begin, there was a problem that needed a solution. However, this story differs from most of the ones we see at our firm. You see, this time, the problem belonged to a four-legged feline.

A cat arrived at the back door of our office about a year and a half ago. She was hungry and appeared to have suffered from an injury. Without knowing if their kindness to this cat would do anything more than make her feel better for a short period of time, the caring people in the office took action. They set up bowls of food and water for her and tried to help.

Being a stray, the cat, who would later be named LawLaw, would not come close of anyone. In fact, she met the offerings of food, water, and kindness with hisses and threats of attack. However, our office did not give up.

After months of food and attention, LawLaw is a healthy-looking cat, who is a well-accepted member of our firm. Of course, rather than putting LawLaw on the payroll, we pay her in cat food. She is still a little skittish around people, but she will sit by the backdoor and beckon for food if her bowl is empty. She will also sit patiently next to her bowl while we pour her food.

In the summer, we can always tell when she has been around because the vehicles in the parking lot have little paw prints on the hoods where she has sunbathed after eating a big lunch. Despite LawLaw’s “domestication,” she still has a wild streak. She loves to roam around downtown in search of new adventures, but she always comes back to the office. We are never sure where she has gone, but it is nice to see her when she returns.

Next time you are downtown, keep your eyes peeled, because if you are lucky, you might catch a glimpse of this four-legged member of our firm, while she is out on an adventure.

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

2012-01-16T16:18:00.001-06:00

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee
Memphis Divorce Attorney Larry Rice talks about the forms of contempt and the consequences of violating a court order. He defines the two types of contempt, civil and criminal, and explains the various ramifications when one does not comply with a court order, ranging from a simple monetary fine to a more severe punishment such as jail time.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=I0Ru4ljMDQY

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

2012-01-13T15:54:00.000-06:00

Memphis Divorce Attorney Larry Rice speaks candidly on the significance of confidentiality agreements between clients and attorneys as well as between the clients and the employees. He also explains the exceptions of the agreement, such as the attorney's legal obligation to report any criminal intent suggested by the client's actions or words.

To view the entire video, please click the link below.

http://www.youtube.com/watch?v=IxghSoRgYDQ

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

2012-01-09T10:09:00.001-06:00

Memphis Divorce Attorney Larry Rice speaks about Tennessee law for alimony. Mr. Rice's lecture enlightens listeners on the reality of alimony, including the different types of alimony and the factors that influence the final rulings for alimony in divorce cases.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=QP9b7-U36VY

Clerking at Rice Law: by Tracy Cermak

2012-01-06T16:05:00.000-06:00

New Year = New Opportunities

January 1st has never really been a date that I have looked forward too. I have never made a resolution or gathered with 1 million people to watch the ball drop in Times Square. To me New Year’s Day was just like any other day on the calendar. This year was different. As 2012 approached, my anticipation and excitement grew. I had a feeling that 2012 was going to be a big year.

Channeling that excitement, I set my sites on growing as a professional. I wanted my resume to reflect a year of tremendous growth. I had spent the past year and a half hitting the books to prepare for class. Textbooks and lectures can only go so far. It was time to switch my attention from fictitious fact patterns to real people with real problems and watch how talented attorneys represent their clients. Shortly before the ball dropped, I interviewed, received, and began my job as a law clerk at Rice, Amundsen & Caperton, PLLC. This was just the opportunity I was looking for.

In the short time that I have worked as a law clerk, I have already learned so much. Each day has been filled with new tasks; furthermore, I have been able to observe my co-workers in action. New opportunities bring new challenges. I know that I have much to learn and must organize my time to prepare for both work and class, but I am looking forward to those challenges. It is reassuring to know that I am surrounded by a team of professionals that are dedicated to their clients and my growth as a law clerk.

I wish you the best in 2012. If you were brave enough to make a resolution, I hope that you are successful. Whether 2012 signifies a fresh start or is the beginning of a new chapter in your life, I hope that it is filled with new opportunities that enrich your life.

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

2012-01-03T11:40:00.000-06:00

Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

2011-12-30T11:11:00.001-06:00

Memphis Divorce Attorney Larry Rice discusses the importance of Relocation. Does the moving primary parent have a good reason to go? Mr. Rice recommends that you want to do what is in the best interest of the children.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=KDRhQgxZH2c

Clerking at Rice Law: by Jessica Farmer

2011-12-28T16:59:00.000-06:00

I recently finished another round of final exams (Insert sigh of relief here). Fortunately for me, Larry and Nick Rice, having once been law students themselves, are very understanding and cooperative when it comes to my school schedule. They allowed me to take a couple of weeks off work to prepare for and take my final exams.

While preparing for final exams, I tried to wrap up all of my assignments and make sure that there were not too many outstanding tasks while I was out of the office. While doing this, I learned something very interesting: that is NOT possible! There is no “stopping point” in an ongoing case. There is no good time to take a couple of weeks away from the office because cases, much like people, do not stop.

Attorneys have to walk a fine line. They have to balance being available for their clients, whose cases have continued movement and are often unpredictable with taking a mental vacation to recharge their batteries. Attorneys need time to recharge if they are going to be available for their clients who need them.

How do you strike that balance? Well, that is something I am still learning. However, I have really good teachers who seem to have mastered the art of balancing, and I look forward to my years of learning from them.

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

2011-12-27T10:30:00.001-06:00

Clerking at Rice Law: by Chelsea Conn

2011-12-21T10:51:00.001-06:00

When people ask me how my finals went, I usually just tell them they were “OK.” I leave out the part where my neck and back ached from being hunched over a desk for 12 hours a day, my knees hurt because I hadn’t moved in weeks, my head ached from cramming so hard, and my jaw was sore from grinding my teeth due to stress. I even got a blister yesterday from wearing normal shoes because I had been wearing house slippers to school for weeks.

Everyone knows that law school is difficult. I find that law school itself is not as difficult as studying for finals. The hours poured into studying for just one test can be kind of ridiculous. Nothing feels better, however, than opening up an exam and being able to spot all the issues. For a law student, the most refreshing feeling in the world is leaving an exam thinking you have over-studied, and that the exam was really not all that bad.

I see this process repeated in the lives of attorneys. For example, yesterday was a hectic day at the office when both Larry and Nick had to go to court. Everyone in the office was making sure they had everything they needed. The clerks and legal assistants loaded boxes of documents into the courthouse. The amount of preparation that goes into trial or any appearance before a judge is astronomical, much like studying for a final exam.

Trial is every attorney’s final exam, and the judge is the professor- you will either pass or fail.

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

2011-12-19T16:36:00.001-06:00

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

2011-12-16T13:59:00.001-06:00

Associate Special: by Erin O'Dea

2011-12-14T16:40:00.002-06:00

Although I wrote the blog entry last week, a lot has happened to me this week, so I thought I’d share.

1) I’m the owner of a new dog, named Quincy, adopted from the Collierville Animal Shelter last Friday.

2) While at court this week, someone looked at me and assumed I was a lawyer for the first time. For those of you who have never met me or seen me, I’m 29, but I look closer to 16, so this was a big accomplishment for me to appear to be a grown-up. An example: I went to the movies with my Father not too long ago, and the guy selling us tickets looks at my Dad and says, “One adult and one child.” So of course my Father replies, “Uh, yes. Thank you,” and then looks at me like he just won the lottery and got away with murder at the same time. Dad is a coupon cutting, penny saving, “jeans never cost that much in my day” kind of guy, and I love him for it, but seriously Dad, it was just a couple bucks off of a movie ticket. So, like I said, it is a big deal to me when people think I’m an adult.

3) I also went to court for the first time BY MYSELF this week… I was just entering orders, but still, I had to talk to the Judge, and those court rooms are built to be intimidating! I was so afraid I was going to mess something so simple up, and no one would be able to fix it… (Please insert sound of impending doom here.) Fortunately, everything went smoothly. I did not fall as I walked up to the podium. My voice did not crack as I addressed the Judge. I did not forget that I could not hand my orders directly to the Judge, and get tackled or shot by the Bailiff. So, all together, I’d say I had a pretty successful first run. Murphy’s Law did not take over this time, though I’m sure Murphy is just waiting for me to be overly confident and under prepared…

4) I have also been told that I will be the lead during an actual upcoming mediation… That’s right, I’m slowly moving away from baby attorney status, and getting closer to playing the role of an adult attorney. Unfortunately, that role also comes with more liability, and nightmares about accidental ethical violations, so I guess there’s a trade-off. All I know is I’m going to be really prepared for this mediation, and ask all of the attorneys above me A LOT of questions over the next month. It might be annoying, but I’m trying to keep Murphy’s Law at bay. I have my work cut out for me.

Overall, this has been a week full of firsts and changes. It’s strange and energizing to look at events while they are happening, and know that specific memory is likely to be burned in your brain forever. I have had a week full of those moments. So, until next time… if there is a next time… this could be my last blog entry since we’ll be hiring new clerks after the holidays (memory made). Thank you again for reading my ramblings.

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

2011-12-13T12:32:00.000-06:00

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

2011-12-09T15:08:00.000-06:00

"Be Prepared.": by Erin O'Dea

2011-12-07T11:48:00.002-06:00

“Be Prepared.”

You can thank the Scouts for that little gem. I was only a Girl Scout for a few days. (Yes, “be prepared” was also the Girl Scout motto.) I didn’t like the girly badges they tried to make us earn, like the “knitting” or “baking” badge. Although, those two badges would go on a short list of “cool hipster hobbies” these days. I’m no hipster; I’m not even hip. I wasn’t then either. I wanted to go camping or make fire; apparently those badges were only for the boys. I guess, as girls, we were supposed to “be prepared” for domestic bliss… Domestic bliss was not and is not my calling, but the Scout motto has re-emerged as my battle cry.
As a “baby attorney,” it is hard to always be prepared for everything, which makes it all the more important to work every day to make sure I am prepared. Mr. Rice teaches us to prepare for whatever might come our way. We walk into court or mediation with more equipment than the average U2 roadie. We have the paper file in boxes stacked on a dolly, three copies of all authority or documents we may have cited to in our pleadings, a laptop with the digital file, the digital file on a jump drive, a small printer, a small scanner, a bag of nuts (in case Mr. Rice’s blood sugar drops), pencils, pens, highlighters, sticky notes, tabs, extension cords, blank paper, notepads, the Tennessee Rules of Civil Procedure, the local rules, etc. I could keep listing, but you have to buy Mr. Rice’s 25th Anniversary Edition of The Complete Guide to Divorce, coming in 2012, if you want that kind of priceless knowledge!
Now, you may ask, “How does a bag of nuts or a printer benefit my client and me?” When you and your client have been at mediation all day, and the other side is suddenly ready to sign off on your Marital Dissolution Agreement and Proposed Parenting Plan, you’re ready! You can have a little protein to help focus your thoughts, pull up the previous proposed MDA and PPP from your digital file, make the changes the parties have agreed to, print off the updated MDA and PPP, and have the opposing party sign them right then and there. Boom! You’re done, and more importantly, your client is happy! The painful divorce process has come to a close for him or her. The other side didn’t have an opportunity to go home, change his or her mind, and decide he or she wanted to continue fighting over the hand-painted commemorative Elvis plate from QVC.
So, be prepared! Take everything you might need with you when you go to court or any place where you may settle an issue for your client. Your Dad isn’t going to yell at you for over-packing on this trip, but your client will thank you with referrals!

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

2011-12-05T15:05:00.000-06:00

Memphis Divorce Attorney Larry Rice: on Domestic Violence in Tennessee

2011-12-02T09:57:00.000-06:00

Clerking at Rice Law: by Blair Beaty

2011-12-01T16:14:00.000-06:00

My boss, Mr. Rice, grew up around his father’s general practice and saw cases ranging from insurance claims, to malpractice, and, of course, divorce. In today’s world of law, however, the general practice is on the decline. The most obvious reason for this is that a specialized firm is, simply put, just better.

Let’s take family law, for example. When it comes to divorce, there are several advantages in hiring an attorney who specializes in family law.

First, the level of expertise that a specialized family law attorney brings to the court room is most likely unmatchable to an attorney at a general practice. The family law attorney has probably taken specific courses in (and out of) school directed at the practice of family law. They see cases day in and day out regarding one topic: divorce. These attorneys eat, sleep, and breath family law. Would you hire

Secondly, as mentioned before, the family law attorney sees divorce cases everyday. This allows the attorney to build objectivity and maintain an emotional detachment from your case. Don’t get me wrong, the attorney will definitely care about and respect your situation. However, maintaining their cool and calm composure will allow them to “see the forest through the trees” and ultimately achieve the best outcome for you. No one wants their attorney sobbing louder than them in a courtroom.

Thirdly, a firm specialized in family law will be extremely efficient in that field. The attorney will know the exact steps that must be taken and will be able to anticipate any problems. The attorney will be able to streamline a process that is already difficult and get you through it as quick as possible.

Lastly, the family law attorney will be familiar with the judges, court clerks, and other local divorce attorneys. The familiarity will speed the process along and possibly give you insight into the workings of your soon-to-be ex-spouse’s attorney.

Clerking at Rice Law: by Jessica Farmer

2011-11-23T09:36:00.000-06:00

One of the best things about working as a law clerk is participating in case strategy meetings with attorneys. In the beginning, you feel a little out of place because you do not have much to add to the conversation. You might be able to chime in with an opinion, observation, or question here and there, but, at least in the beginning, you do not feel like an integral part of the strategic planning.

However, as time progresses, you gain more experience and sit in on more meetings. After a while, you are familiar with the cases and have more knowledge of the law. There is no greater feeling for a law clerk than those moments that you can contribute to the conversation, and your suggestions are not only well-taken but are a truly unique and creative application of the law to cases.

However, putting your contributions aside, the meetings continue to be a learning experience. First, you learn a little about how to fit the strategy of a case to the client. Some clients’ personalities fit certain litigation strategies. What is right for one client may be completely wrong for another.
Second, you learn a lot about different judges’ and lawyers’ styles and strategies. That seems to be an integral part of the strategic planning in any case. Your relationship with the opposing counsel can make a difference in the case almost as much as the client’s personality.

Finally, the part that I enjoy most, is watching and listening to experienced attorneys discuss and plan strategy. It is fascinating to listen to an attorney with years of experience discuss the ins and outs of litigation tactics. Their knowledge and understanding of a case and how to work within the law on a given fact pattern is something to be admired. It is also not something you can get from any law school class. As an added bonus, it gives me a goal. I want to work and learn until I can operate at that level. I always enjoy it when I can find motivation that pushes me to operate at my fullest potential.

I am grateful for the practical tasks that I am given each day at the office. However, sometimes, the most educational and meaningful experiences can be sitting around the conference table brainstorming and listening to those who have greater legal knowledge and are willing to teach you what they know.

Memphis Divorce Attorney: on Discovery in Tennessee

2011-11-21T16:57:00.000-06:00

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

2011-11-18T10:03:00.001-06:00

Memphis Divorce Attorney Larry Rice talks about the forms of contempt and the consequences of violating a court order. He defines the two types of contempt, civil and criminal, and explains the various ramifications when one does not comply with a court order, ranging from a simple monetary fine to a more severe punishment such as jail time.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=I0Ru4ljMDQY

Clerking at Rice Law: by Chelsea Conn

2011-11-17T14:05:00.000-06:00

As finals draw near, we clerks will be taking a leave of absence in order to do our very best on our exams. We will be dedicating days to studying everything from taxes to the Constitution. Next week will mark our final day at work for the Fall Semester. Looking back, I realize how very much I have learned here through the efforts of Larry Rice.

We have been granted every experience he has been able to offer. Through hard times and good, we have only become better students and we will use the skills we have used from this work experience in our challenges as attorneys.

Working and going to school was sometimes a difficult experience. It is often difficult to balance the demands of school and work, but this has been an excellent lesson in time management. We have had so much fun along the way, and we certainly have appreciated everyone’s dedication to helping us navigate our way through the legal process.

I know all of us will miss our work friends, and we appreciate all of their support and understanding during one of the most grueling and difficult semesters yet! I can’t wait until Christmas break when we come back again!

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

2011-11-14T11:37:00.001-06:00

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

2011-11-11T13:42:00.001-06:00

Clerking at Rice Law: by Blair Beaty

2011-11-09T16:51:00.001-06:00

As it turns out, I have more in common with both my bosses than just our devastating good looks and unmistakable charm (just kidding, folks)- We have all grown up around the law. Mr. George Lawrence Rice II, Larry’s father, built a very successful practice that Larry was involved in from a very early age. Nick, of course, was surrounded by the teachings of both his father and grandfather. Larry and Nick now operate as partners in their own firm. My own father, Douglas Beaty, a real estate attorney, gave me my first look into the world of law.

Growing up with an attorney as a father has its perks. When your 8, your dad can come to “Bring Your Parent to School Day” and talk about “putting the bad guys away.” When your 17, your dad can bail you out of jail for something that “probably wasn’t your fault” because “they made you do it.” When your 23, your dad can suggest some wonderful attorney’s who are dying to write you a glowing recommendation for law school. And when your 25, your dad might even be able to get you a spectacular clerkship with a well-known and respectable firm.

By the way, thanks Dad!

But all joking aside, being exposed for most of your life to the actual practice of law gives you the advantage of knowing the real ins and outs of the system. The arguments that win cases are not found in the classroom or casebooks but are created in the minds of the attorneys. Law school will teach you the correct terms and statutes to bolster your arguments but the process of building a case and working with the facts can only be truly mastered through actual experience.

You learn that how to talk to clients. For instance, having often seen my father interact with clients growing up, I know that you don’t call them up and say, “Hey, someone is in constructive possession of your title and therefore we must oust them before the statute of limitations runs.” Instead, you say, “Hey, someone is staying at your beach house without your permission. Let’s kick them off before it’s too late to file suit.”

You learn that the practice of law doesn’t always have to be done in formal settings. In fact, the office can be an extremely fun place to go. (Thanks, Mr. Rice!) Deals can be made over cocktails and settlements accomplished over lunch. As Mr. Rice says, “The goal of law is to have FUN!”

You learn that there are some practical issues that law professors tend to just skip over. For instance, Mr. Rice told me about an experience he had with his first year torts professor. The professor was going through the elements of a successful torts claim: duty, breach, and damages. “Excuse me, professor”, Mr. Rice said, “but I believe coverage would be a necessary element or else how will the attorney recover the damages?” Mr. Rice, after watching his father try several insurance cases, knew that without coverage to pay for the damages, an attorney would be dead in the water.

Growing up with an attorney as a father has been wonderful (and obviously educational) and has led me to where I am today. I feel so lucky to have followed in his footsteps and even luckier that I now have two more exceptional attorney’s whom I can watch and learn from.

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

2011-11-07T16:49:00.001-06:00

When Times Are Tough, Rice Law Saves the Day

2011-11-04T14:37:00.002-05:00

One of the most rewarding parts of being an attorney is helping people when it seems that all hope is gone. Recently, our firm took on a pro bono case for an individual when their case seemed to be going nowhere. We were able to turn her situation completely around and give her the results she had dreamed of.

Associate Special by Jan Lentz: Larry Rice CLE on Law Practice Management

2011-11-03T14:23:00.005-05:00

Versatility. It’s one of the more useful traits to have when you’re trying to successfully manage a law practice.
Larry Rice effectively demonstrated this trait yesterday when the speaker for our monthly in-house lecture series had to cancel on short notice.

In yesterday’s seminar, Mr. Rice gave an overview of law practice management, including the ethical implications of mismanagement.
Mr. Rice stressed that law practice management, to be effective, must be something that happens all day, every day.
The practice of law is fun, and practicing law can be very profitable, but a law firm’s staff have to remain continuously focused on doing things the right way, every time.

Among other things, Mr. Rice discussed the importance of camaraderie among co-workers, and how giving periodic bonuses to employees for a job well done not only makes them happy, but makes them focused on, and take pride in, doing the job correctly. On a related note, Mr. Rice explained that it’s important to keep clients in the loop with what’s going on in their case, not only to make the clients happy, but also to comply with professional ethics rules. An effective way to do this is to forward to clients a digital copy of all documents coming into, and going out of, the firm on their case, via a secure email address.

Having a system in place for how situations are to be handled, which includes forms, policies, and procedures, reminds everyone in the firm what their job is, and provides a measuring stick for job performance. By letting employees know on the front end what their limitations are, especially with maintaining client confidentiality, the law partner or associate can prevent ethical problems for the entire firm down the road.

A final thought from Mr. Rice on how to handle employees that don’t do their job and make you miserable:
Fire them.

On that note, I’d better get back to work.

Clerking at Rice Law: by Jessica Farmer

2011-11-02T16:44:00.002-05:00

Just Be Prepared

As a law student, I can say with a great degree of certainty that students hate it when a professor answers that one all-important question of “What should we expect for the exam?” with “Just be prepared, and you will be fine.” I am convinced that the sigh of devastation leaving the classroom can be heard around the world. When you hear that strange noise while you are sitting at home and ask, “what was that?.” Well, now you know; it is the sigh of disappointed students somewhere in the world who honestly believe that “Just be prepared,” is not any answer to any problem.

Well, in my short time working as a law clerk for Rice, Amundsen & Caperton, PLLC, I have seen more and more the value that exists in that wonderful, yet sometimes horrible little phrase. As a law clerk, I can honestly say that I have never seen an attorney approach a judge to ask, “Exactly what issues will you be focused on during the hearing next week, and what exactly do I need to say to win?.” Although, I must confess it would be interesting to see a judge’s reaction if someone ever tried that.

Law school is supposed to groom students to become attorneys, and as the faculty always say, it is supposed to teach us to “think like lawyers.” Well, if the professors were to just inform the class of all possible legal avenues they would be addressing and concerned with for the exams, students would not have any need to sit down and map out possible legal road maps in their minds beforehand. What a shame that would be!

Students are actually learning a valuable skill that will prove to be a necessary piece to the practice of law. Attorneys will always say that the best way to prepare for anything in a case is to know the facts, know the law, and be prepared. Always try to stay one step ahead. The question is, when have you reached one step ahead? When have you passed the opposing counsel’s preparation level? Ahhh, if only these questions were being asked of law professor, because the inevitable answer would be, “Just be prepared.”

If you are not preparing cases to your capacity, then you are not likely to be one step ahead. The important lesson here is to just prepare for any case as if the opposing counsel has a law professor sitting on his or her shoulder, saying “just be prepared,” just as we learned to do in preparation for law school exams.

Do not get me wrong, I would LOVE to know what is coming my way in my upcoming Legislation Law or Remedies exams, and I am sure that there are plenty of attorneys who would LOVE to have their next major trial issues scheduled and outlined with remarkable specificity for them. However, if we just follow the advice of so many who came before us and stay one step ahead, we will be prepared for whatever challenge comes along.

I am fortunate in that I am learning this at such an early stage in my life. I guess that when you have great teachers as a law clerk, you are fortunate enough to learn a lot of things a little sooner than the curve. That is just one step this law firm takes to make sure that future associates will “just be prepared.”

Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

2011-10-31T12:12:00.001-05:00

2011-10-28T15:04:00.001-05:00

Here at Rice, Amundsen, & Caperton we are all happy to help however we can! Today, receptionist Ada Askew helped by painting the walls in the office! She was hard at work all day sprucing up the offices, and everyone greatly appreciated her help. We all pitch in however we can - from changing the lightbulbs, taking out the trash, and keeping the kitchen tidy. The office is more efficient when everyone works together!

I can’t wait for the most exciting part of teamwork- helping the office decorate for Christmas!!

Clerking at Rice Law: by Chelsea Conn

2011-10-27T10:52:00.001-05:00

I recently attended the Cecil C. Humprey's School of Law Pillars of Excellence Dinner. The banquet honored several Memphis area attorneys who had really set the bar (so to speak). The award dinner featured videos of the honored attorneys. Some had worked with Martin Luther King Jr. during the Civil Rights movement in Memphis. Some came from incredibly humble beginnings, while others inherited their business from generations before. Their stories were so interesting, and they were all amazing examples of what an attorney should be: professional, fair, and honest.

The thing that stood out the most to me that night was one quote from an honoree: "If you haven't earned the respect of your colleagues, you really haven't done anything."

Every attorney wants to win. Some try unfair tactics to gain an advantage. What you leave behind, however, is the impression that you can't be trusted. No one wants to have the reputation that they are untrustworthy or impossible to deal with. In fact, generating a reputation of respect can only help you. Other attorneys who know you are a good person and treat clients with dignity will be highly more likely to recommend you, as will other clients who have been treated with care and respect.

This is mirrored in law school. There are students known as "gunners". They answer every question, cut people off when they are making a point, and do their best to make sure the professors know who they are. They also lack the respect of their peers. It may not matter what we think of each other now, but law school begins your reputation as a professional, and some could be doing permanent damage as far as other students are concerned.

The point is this: winning isn't everything. No one will remember if you won every case, but they will remember how you treated them- and that lives on longer than any courtroom drama.

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

2011-10-24T14:48:00.001-05:00

Clerking at Rice Law: by Blair Beaty

2011-10-20T10:27:00.001-05:00

My guess is that most people reading this right now have most (if not all) of the following accounts: Facebook, Twitter, Linkedin, and Youtube. And lets not forget about the several blogs they visit on a daily basis or their own personal blog they update on a daily basis.

How many people are using their social networking accounts to market their business/firm?

There has been a lot of debate on whether social networking is appropriate as a marketing tool for law firms. Some say that it isn’t the “traditional” route for drawing clients and that you lose the personal relationship when information is obtained over the internet. Others believe it does more harm than good by allowing dissatisfied clients to express their feelings to the entire web community. Still others just find it

To all the non-believers I would say consider the following pros of social networking:

• Credibility via testimony. It offers quick feedback from clients/employees, etc. Clients can write recommendations on your profiles or “like” your status.
• Repetition, repetition, repetition. If you keep seeing a certain name/word/symbol, it is bound to be stamped on your brain.
• You can link your accounts to one another. For example, your firm blog updates can automatically pop up on your firm Facebook page which then can be sent to your Twitter page.
• Details. Linkedin is especially good with mass content from Company overviews to individual associate profiles.
• Last, but not least, it’s FREE! That doesn’t mean you should broadcast everything about your firm but name recognition does help.

I could go on about all the positive things that social networking can do for your firm or business but instead I’ll ask you one question:

How did you find this blog entry? My guess is not through Google....

Point proven.

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

2011-10-17T11:46:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

2011-10-14T15:27:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

2011-10-10T10:33:00.000-05:00

Clerking at Rice Law: by Jessica Farmer

2011-10-05T11:35:00.002-05:00

Doggie Day Care at Rice Law, through the eyes of Rookie Farmer:

My awesome owner, Jessica Farmer, took me to work with her for “Bring Your Dog To Work Day.” As soon as she asked me if I wanted to go, I spun around in circles and barked until we got in the car. I love driving downtown! There is so much stuff to see.

When we got to the office I got to see all of my old friends. Unfortunately, I also saw an old enemy, a big mean bear that Mr. Larry shot! Someone needed to shoot him; he is ferocious. That’s okay, I stared him down to show him who’s boss. After getting my belly rubbed by too many people to count, playing tug-of-war with a couple of clients, sitting in client meetings with my owner and Mr. Nick, and eating carrots in the clerks’ office with Ms. Erin, I was exhausted. No wonder people always look so tired after work. It is tough!

I cannot wait for the next “Bring Your Dog To Work Day!”

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

2011-10-03T14:24:00.000-05:00

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

2011-09-30T11:25:00.002-05:00

Clerking at Rice Law: by Erin O'dea

2011-09-27T10:43:00.001-05:00

If you can’t dazzle them with brilliance, baffle them with bull.
~ W.C. Fields

Obviously, from the quote I have chosen for this week’s blog post, I am talking about good advice for anyone faced with taking the Bar exam in the future. There are, at this very moment while I am typing this word, 10 days, 15 hours, 53 minutes, and 51 seconds left until the list of successful Tennessee Bar applicants is posted on the TBA’s website at noon on October 7th. People love to tell law school graduates, “Of course you passed the Bar! You’re smart.” My fellow law graduates and I would like to tell those people to try taking the Bar, and see if they still feel that same sense of calm and confidence. I doubt their comments following the exam would be anything along the lines of, “Of course I passed the Bar! I’m smart.” I took the Tennessee Bar in July, and I have been waiting for the results for almost nine agonizing weeks now. I studied more than I have ever studied for a test in my life, but I am still not completely confident I passed. Taking the Bar, you write, and bubble in so much, and regurgitate so much information, that, at the end, you just cannot keep track of what you may have said right or wrong.
In May, prior to taking my leave of absence from work to study for the Bar Exam, Mr. Rice called me into his office and gave me some excellent advice. He said, “Erin, fear the Bar… and you will pass. Don’t fear the Bar… and you will fail.” I heeded Mr. Rice’s warning. I became overwrought with fear. I would wake up from nightmares about coming to the exam late, or naked, which was even worse than the usual naked dream because I was so out of shape after sitting at a desk studying for three months, that Sainthood was more attainable than a waistline. I came to understand what a panic attack was, and then I finally got a grip. I realized what Mr. Rice was really saying. I would have to get over my fear. I would have to use my fear. I would have to really, really study.
My realization paired with my parents allowing me to move back in with them for almost a month so they could cook and clean for me, and do my shopping and my laundry, with any luck, created a recipe for my success. Yes, that is a shout out to my wonderful Mother and Father, Frances and Bob O’Dea. You’re the best, Mom and Dad! Thanks for supplying me with endless amounts of coffee, Diet Dr. Pepper, turkey sandwiches, and clean clothes! I promise to never stick you in a dingy old nursing home, but if it ever comes to that: Mom, you get an attractive and attentive male nurse; Dad, you get the same, but the female version, deal? All joking aside, I am lucky to have such supportive parents.
I am also lucky to work for Mr. Rice who insisted that I take off work for the entire three months between graduation and the exam to study. Mr. Rice understands, and taught me, that Bar applicants need to fear the Bar exam, then take that fear and use it. It is easy to look at the extremely high number of students from the University of Memphis who pass the Tennessee Bar, and assume that the exam is not as hard as people say it is, but that is not true. Attention future Bar exam takers: “FEAR IT.”
If, however, you do not see my name on that list of successful applicants on October 7th, please, assume it is a glitch in the computer system, because that is what I am going to do (especially after this long blog post about how much I studied; talk about embarrassing). According to everyone else, “I’m smart, and so of course I passed the Bar,” which is also the fantasyland I will choose to live in, for at least that weekend, if my name is not on “THE LIST.” Until then, I will continue to live in fear that the velvet rope that is passing the bar may not be lifted for me this time, but thankfully that fear is no longer crippling (talk to me October 6th at midnight, and I doubt I will sound this level headed, but for now the fear is manageable). At some point, after passing the Bar, when I am faced with MY first big case, and things just do not look like they are going to go my client’s way, I will remember what Mr. Rice said about the Bar… “fear it,” and I will hopefully use that fear the same way I used it to prepare for the Bar. I will get a grip. I will buckle down. I will work hard. I will not move back in with my parents, but I will give it my all, and if my client still loses, I will assume there was a glitch in the system.
I apologize for the very Bar centered post, but if you were in my shoes, this would be all you would be able to think or write about too. To add to what is becoming a post about good advice, I’ll leave you with one more W.C. Fields quote. Mr. Fields may have had an affection for the bottle, but he also had a way with words… “If at first you don’t succeed, try, try again. Then quit. There’s no point in being a damn fool about it.” ~ W. C. Fields

Memphis Divorce Attorney Larry Rice: on Domestic Violence in Tennessee

2011-09-26T11:13:00.000-05:00

Memphis Divorce Attorney: on Discovery in Tennessee

2011-09-23T09:46:00.001-05:00

Clerking at Rice Law: by Jessica Farmer

2011-09-21T13:38:00.001-05:00

“With Friends Like These…”

One of the most perplexing and yet, wonderful things about the legal field is the ability of lawyers to fight all day in Court but still respect each other at the end of the day…most of the time. What happens when two opposing counsels genuinely don’t get along? Well, I’ve had opportunities to see that unfold. I’ve seen attorneys raise their voices, make gestures in Court, and even cry.

The ugly truth of the matter is that although most attorneys respect one another for a job well done, some just do not get along. The important thing though, is that the attorneys (at least the ones that I am privileged enough to work for) make the issues in the case and their clients their top priorities. It takes restraint and diligence, but at the end of the day, professionalism and civility prevail.

I think this is an important lesson for people, both inside and outside of the legal profession. It is impossible to surround yourself every minute of every day solely with people you like. However, personal feelings do not have to impede your ability to have a good working relationship.

When attorneys have a job to do, a little respect and civility between them can go a long way. In fact, seeing someone you generally do not like going out of his or her way to be professional and respectful, may make some of that hostility disappear. I believe that this is a lesson I will continue to carry with me after law school and into my many years of practicing law.

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

2011-09-20T13:57:00.001-05:00

Clerking at Rice Law: by Chelsea Conn

2011-09-14T16:44:00.000-05:00

The pressures of going to school and working can be extraordinary, but I have found that the key to getting through just about any situation is being prepared. Sometimes, you have to learn the value of preparation the hard way. Professors at law schools use something called the Socratic method in class, meaning they call on students at random to answer questions. This ensures that each student is prepared and ready to talk about the day’s assignment.

My first class in law school was a Torts class. The Professor called on a student, but she didn’t know the answer because she hadn’t read the assignment. Instead of making her leave, the professor decided that she should read the case while the class waited. It was an agonizing fifteen minutes for the class to sit silently while she read. Most of us could imagine ourselves in her position, and we felt embarrassed and sorry for her. After that, no one came to class unprepared, including her.

It is important for people to be prepared at school, but it is even more important for attorneys to be prepared at all times. I can’t think of a worse situation for an attorney than a judge deciding that a client should lose a case because their attorney was unprepared. It is one thing to lose a case, but it is unacceptable to cause harm to a client because of a lack of preparation.

Since preparation is so important, most of the time at the firm is working towards preparing a client’s case. All the ducks need to be in a row, so to speak, and everyone works towards keeping everything organized and updated. I think every attorney owes clients a duty to be prepared in front of the judge.

In the end, I think that is why professors use the Socratic method – to ensure that we are ingrained with the habit of staying prepared. If we can master the art of preparation, we can create new arguments and approaches to problems with ease. I am endlessly impressed with Mr. Rice’s focus on preparation at all levels of his firm. To my knowledge, no one at the firm has ever been unprepared to go to Court. Perhaps that is because that along with emphasizing preparation, the attorneys also have the qualities of competitive spirits and a genuine interest in their clients’ cause. Mr. Rice always stresses that the law is supposed to be fun, but I seriously doubt that anyone would be having fun losing cases because of their own personal failures. In order to have fun, you have to be prepared!

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

2011-09-12T10:29:00.000-05:00

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

2011-09-09T08:38:00.001-05:00

Clerking at Rice Law: by Blair Beaty

2011-09-07T16:22:00.001-05:00

Alas, school has started back and I am braving my second year as a 2L. Everything appears the same: same lovely classmates, same eccentric professors, and the same bad coffee in the bookstore. The only major change is that I am now attempting to balance work with school, and thank goodness for that.

Starting back in my third week as a student, I am already wishing for a motion to draft or a trip to the courthouse. As I settle in for another hour and half lecture, I can’t help but think about the knowledge I have gained while working at the firm…

…how to file a Complaint.

…how to draft an abundance of Motions and Petitions.

…how to draft a subpoena for different types of records.

…how to brainstorm on legal issues with a group.

…how to interact with clients and opposing parties in a variety of settings.

…how to keep track of my billable time in a detailed and organized manner.

And my personal favorite,

…wear the color “red” during a deposition or when questioning someone during a trial. It has been proven to distract people and cause them to make mistakes.

Most importantly, I have learned that actual work experience, at least in my humble opinion, far outweighs the classroom experience. I feel so lucky to be able to continue in my position at the firm during the school year and look forward to the new cases and opportunities that come my way. That being said, I leave you with a quote that encompasses my daily experience at Rice Law and urge all students to seek out an opportunity to gain knowledge through a work environment.

"We should come home from adventures, and perils, and discoveries every day with new experience and character." --Henry David Thoreau

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

2011-09-06T09:06:00.003-05:00

Memphis Divorce Attorney Larry Rice discusses the importance of not snooping in a divorce case. It can get you in a lot of trouble. Watch out because you could be charged with a criminal sanction. Snooping will hurt you, more than it can help you.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=1ZEjLcEBqxE

Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

2011-09-01T14:03:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

2011-08-29T11:22:00.000-05:00

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

2011-08-26T09:17:00.001-05:00

Clerking at Rice Law: by Erin O'dea

2011-08-24T09:33:00.000-05:00

Silence is one of the hardest arguments to refute. ~ Josh Billings  ([Henry Wheeler Shaw] 19^th Century American humorist)

Maybe Mr. Rice chose me to write this blog because he believes people, and especially his law clerks, can learn something from every task they perform. As a recent graduate of the Cecil C. Humphries School of Law, I can attest to the fact that many of my fellow graduates, including myself, have struggled with putting into practice the knowledge that the quote above imputes. I have been clerking at Rice, Amundsen & Caperton since April 2010, and on my first day at work I learned that the number one reason to practice law is to: HAVE FUN, which is why it was only appropriate that this blog entry begin with a quote from an American humorist.

I recently had the misfortune of taking the Tennessee Bar Exam, and I can only pray that I studied enough to ensure I would never have to face that BEAST again. My boyfriend, who has said he was beginning to forget what I look like, assures me I did, but I will not believe his biased reassurances until I see my name on that list October 7^th at noon. I have left the 12 hour study days behind, and replaced them with workdays of similar length, the main difference being: human interaction, which makes work that much more pleasant, most of the time. At work new developments have arisen in cases I left behind, new procedures have been put in place around the office, and new faces have appeared in the hallways, but one thing has not changed… every day is an opportunity to learn and improve.

I have learned a lot from the attorneys who practice with the firm, but the most important thing has been that I can never stop learning, as long as I want to be successful, that is. Mr. Rice makes sure that every mistake, every victory, and even every menial task teaches us something. Mr. Rice recently sent everyone in the office a link to an article entitled, “Negotiation as a Form of Persuasion: Arguments in First Offers”. The article talked about the different ways a first offer can be presented to an opposing party in ADR, the possible psychological impacts of the differing styles of presentation, and how an attorney can use this information to get positive results for his or her client.

The article states that though there is an advantage to making the first offer in any negotiation process, attorneys have a tendency to present their first offer with too many arguments of why the opposing party should take their offer. Studies show that parties who made the first offer achieved better results if their initial offer did not contain any arguments as to why the offer was a good one. Why, you ask? The general consensus was that providing arguments with the initial offer caused the opposing party to feel the need to generate counter-arguments, which makes sense if you were ever a 1L trying to answer a professor’s question and your argument prompted some gunner in the front row to play devil’s advocate so that he could potentially get some gleaming letter of recommendation from that professor. (I bet that gunner was really disheartened when he saw the generic letter that professor wrote to the Bar on his behalf… “I believe this candidate has the character and fitness to be a member of the Bar in Tennessee. Sincerely, Professor Don T. Brownnoseme”)

What can you take away from my summation? The party making the initial offer will come closer to the result desired if they layer their arguments in the negotiation process, and reveal their arguments only as those arguments are needed. We as attorneys are taught to be adversarial, and if you give us a reason why you are right, we’ve been taught to give you a reason why you are wrong. However, in this instance, if the offering party becomes greedy, and attempts to blow the other side away at the beginning, in one fell swoop, that offering party may just end up with nothing. Now, I’ll ask myself, what have I taken away from the task given to me? Sometimes your best argument is the one you don’t make.

This is the way the world ends

Not with a bang but a whimper. ~ T.S. Elliot

If you found my ramblings at all interesting, you may find this article even more interesting. The author gives tips on what can be taken away from the study done by the authors of “Negotiation as a Form of Persuasion: Arguments in First Offers.” You must pay to read this article, but if you are interested in reading the full article you can click here to purchase it. Rice, Amundsen & Caperton is in no way affiliated with either of these websites, and does not profit in anyway if you click on the above listed links, or buy the article mentioned in this blog post. We simply thought these were interesting topics, and thought some of you might find them interesting as well.

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

2011-08-22T10:50:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Modification of Child Support in Tennessee

2011-08-19T10:14:00.002-05:00

Memphis Divorce Attorney Larry Rice discusses the conditions in which child support and alimony can be modified. He explains that there must be significant unforeseen circumstances such as a fifteen percent increase or decrease in the party's income in order for child support to be changed. Mr. Rice also discusses the differences between alimony in solido and alimony in futuro, stating that only alimony in futuro can be altered under certain circumstances.

To view the entire video, follow the link below:

http://www.youtube.com/watch?v=bGEaZDogXMQ

Clerking at Rice Law: by Jessica Farmer

2011-08-17T08:41:00.000-05:00

Creating Your Legacy: Your Mom Was Right…Again.

I attended the Pillars of Excellence Ceremony over the weekend. It was a beautiful ceremony with many deserving honorees. Tribute after tribute, I began to notice a common theme. These men were not only academically proficient, skillful and hard-working, but they were professional, well-liked individuals.

How does one create his or her own professional legacy? How do you make it a positive one? Let’s face it, people talk. Professional reputations are important. How do you maintain the image you want? Well, it’s the same advice your mom has been giving you for years, “treat others as you want to be treated.”

Work with your opposing counsels to reach a resolution for your clients, not to satisfy your own end of “beating out another lawyer.” Think before you speak and act. Why is that so often forgotten?

I am fortunate to work for a firm that works each day to treat people with respect, both inside and outside of our doors. The partners and attorneys at our firm do not undervalue their employees, even all the way down the chain of command to the clerks. They do not underestimate their opposing counsels’ abilities or a judge’s ability to make an informed decision. They do not view a client’s problems as unimportant. I believe that is why they are so well-respected.

I am fortunate to work in a place where my work and the work of those around me is valued and appreciated. It is an important lesson that I am grateful to be learning so early in my career. You start building your professional reputation at an early age. It starts with showing your appreciation and respect for others. Add a little hard work, careful thinking, attention to detail, and, of course, a little luck, and you might just be fortunate enough to create a positive legacy that lasts.

I’m proud to work for Rice, Amundsen & Caperton, a firm whose legacy speaks for itself…

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

2011-08-15T09:31:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

2011-08-12T10:24:00.001-05:00

Clerking at Rice Law: by Chelsea Conn

2011-08-10T09:56:00.001-05:00

One of the interesting aspects of Family Law is an attorney’s role as counselor. This was the very situation I witnessed last week. Family Law attorneys don’t just work for their client toward a solution in a financial way, but they can help heal their clients in an emotional way, as well. Consider a client who may recount a history of abuse and infidelity. This client would have a difficult time keeping composure because of the hurt and years of distress. By listening and empathizing with a client, a Family Law attorney can be a comfort to their clients emotionally.

The ability to pay attention to the emotions of a client and counsel them on the next steps of the divorce process in a way that a client can fully understand is a very important quality to have as a Family Law attorney. Many other types of law can be far less emotional. However, I enjoy Family Law because as an attorney in this field you are able encourage and create a close bond with your client.

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

2011-08-08T10:03:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Domestic Violence in Tennessee

2011-08-05T13:19:00.001-05:00

Memphis Divorce Attorney: on Discovery in Tennessee

2011-08-02T15:38:00.000-05:00

Memphis Divorce Attorney Larry Rice: on Contempt in Tennessee

2011-07-29T08:50:00.001-05:00

Clerking at Rice Law: by Blair Beaty

2011-07-27T16:35:00.001-05:00

I recently got to take part in a Motion Hearing in a new setting- in front of a Divorce Referee. Instead of a judge sitting at the bench, the Divorce Referee, Opposing Counsel, and clients are gathered around a table. The Divorce Referee is usually a lawyer who is no longer practicing family law who is chosen to determine the outcome of the Motion on a more expedited basis.

I walked into the hearing assuming that the dialogue between Opposing Counsels and clients would be much more relaxed and conversational due to the setting. Boy, was I wrong.. The clients, sitting on opposite ends of the table, shared nothing more than a few darting glares at each other. The Opposing Counsel made her presence known by constantly interrupting and making underhanded remarks regarding our client. The attorney I was assisting, who is always rational and respectful, kept it together like no one I had ever seen....until the end. The time had come for the Divorce Referee to make her ruling and the Opposing Counsel would still not allow our attorney her opportunity to speak. So our attorney did what you are taught in law school never to do, she interrupted and raised her voice and made her point known. And then the Judge said, “You know what, you’re right Counselor!”

Did I learn about child support payments? Of course. Did I learn how the court grants arrearage payments? Absolutely. The biggest lesson I took away, however, was exactly what the attorney said to me when we walked out of that courtroom with a “win” under our belt.... “Sometimes, you have to fight fire with fire.”

Memphis Divorce Attorney Larry Rice: on Attorney/ Client Priviledge in Tennessee

2011-07-25T11:35:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Alternative Dispute Resolution in Tennessee

2011-07-22T09:47:00.001-05:00

Memphis Divorce Attorney Larry Rice speaks about the importance of resolving divorce cases early in order to avoid trial. Mr. Rice explains the specific steps necessary for a successful mediation by emphasizing the unique Rice Law Firm approach to mediation. He also highlights the key components of his distinctive approach, explaining the importance of portable equipment such as a laptop and a printer.

To view the entire video, please click the link below.

http://www.youtube.com/watch?v=liz9Eijjmlk

Clerking at Rice Law: by Zoe Sams

2011-07-20T09:58:00.000-05:00

I was recently given the opportunity to attend mediation. I went into it with preconceived notions about the process, but after everything was said and done, I was surprised at the lesson I had learned. I learned how important it is to be aware of what the process may be like for your client. Personally, I cannot imagine what it would be like to go through a divorce; however, during mediation, I was able to get a better understanding of what it must be like for our clients.

In mediation, they are expected to make rational decisions (with the help of their respective attorneys, of course) concerning the dissolution of something as personal as their marriage, as well as make decisions concerning what they will need for their future. To me, the task seemed daunting, and it is hard to imagine what it would be like considering the added emotional elements that the client must be feeling.

During the mediation, I was also able to witness how attorneys manage to work with their client in this emotional state, while keeping the professional mind-set needed for negotiations. This is one trait that cannot be learned in a book or classroom, but by practice. I appreciate the opportunity to witness attorneys who can make that transition.

Memphis Divorce Attorney Larry Rice: on Alimony in Tennessee

2011-07-18T10:16:00.000-05:00

Memphis Divorce Attorney Larry Rice: on Divorce Trial in Tennessee

2011-07-15T09:17:00.001-05:00

Memphis Divorce Attorney Larry Rice discusses the divorce trial process. You have gone through the entire divorce process and things couldn't get resolved, so you have made it to the last and worst step. Mr. Rice emphasizes on the importance of telling the truth. Tell your lawyer everything from the very beginning. Telling the truth makes it much easier. Tell the court the truth because it will probably come out anyways and will destroy your lives about one thing and destroy the truth your telling about everything else... so, tell the truth. Mr. Rice informs you on how to prepare for trial. We don't know what the Judge is going to do until the Judge does it, and then sometimes we still do not know what the Judge is going to do. So, if you have your case tried, work with your lawyer, tell the truth, and realize the system isn't always perfect. Judges are trying to do what they think are right.

To view the entire video, please follow the link below:

http://www.youtube.com/watch?v=T1hqHVVZ1Fo

Memphis Divorce Attorney Larry Rice: Justice Won

2011-07-11T14:35:00.004-05:00

A respected lawyer from a well known law firm tried to spring a trap on me. He failed. I was sent a response after I left the office Thursday for my motion set at 9 am Friday. In cooperation with another lawyer he tried to conjure up a conflict to get a judge to recuse himself on the Friday before trial was to start Monday. With no preparation time I had to appear at court.
Credit goes to my great team - Nick, Jen, Jan, Chelsea and the others who did my research while I waited to be called on at court. My clerk arrived with the cases minutes before I was called on. I appreciate my opposing counsel in the divorce matter (a different lawyer) who was truthful to the court. I respect the Judge who saw through it.
It is great to see justice come through and that my team can foil a plan that two lawyers cooked up on their own timeline and sprang on us at the last moment.
Some commentators wrote:

"Stories that that make me glad I practice in a district full of small towns. For the most part things like continuances really are still done with a phone call & a verbal agreement. If a local lawyer tries to pull that kind of thing, ALL lawyers will know it very soon, a reputation is born, and karma can be a real....."

"My "first" divorce lawyer did the same thing, Virginia. He was in it for the money and the more he could prolong things, do unnecessary depositions, call me to his office for interviews numerous times asking the same questions he had already asked, cancel hearing dates (that would have ended the "cash cow"), until after more than two years and thousands of dollars, I FIRED him."

"In my case, my lawyers seemed to join in the game. What a vicious inhuman practice, especially as children are involved. NOW TO LARRY...yes...win with intelligence, competence, compassion and justice."

"You've got a great staff Larry not to mention you're a great lawyer. I'm HOPE your client appreciates ya'll."

Memphis Divorce Attorney Larry Rice: on the facts about Snooping in a Divorce Case in Tennessee

2011-07-08T09:17:00.000-05:00

Clerking at Rice Law: by Chelsea Conn

2011-07-06T15:12:00.003-05:00

Being a clerk for Larry Rice is all about gaining experience. Recently, Mr. Rice allowed me to accompany him to a deposition. I think one of the more interesting things about a deposition is how personal the questions can be and how the face-to-face interaction between opposing sides can bring out tension and nervousness between attorneys and the respective parties. Reviewing the transcripts can offer a different view of how the interaction actually played out. In the past, I have been given the task of indexing depositions for key components. Often, when reading over a transcript, it seems as though the actual deposition and what I am reading are two different conversations. Mr. Rice’s humor and good will, however, are not lost in the transcription. It is abundantly clear that Mr. Rice remains respectful to both the opposing party and their attorney. While depositions can be a tough and emotionally-draining experience, it is important to remember to respect each other in order to keep the process moving along smoothly. Depositions are an invaluable means to obtain discovery and allowing law clerks to observe these depositions and the techniques used gives us the opportunity to fine-tune our communication skills.

Memphis Divorce Attorney Larry Rice: on Relocation in Tennessee

2011-07-05T09:08:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Property Division in Tennessee

2011-07-01T08:50:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Pendente Lite Hearings in Tennessee

2011-06-27T08:56:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

2011-06-24T14:42:00.000-05:00

Clerking at Rice Law: by Blair Beaty

2011-06-22T14:27:00.006-05:00

Over the past few weeks I have been able to see two important sides to being an attorney. First, a divorce attorney must be tough and able to stand up for their client when that client is unable to do so. Secondly, a divorce attorney must be compassionate and understanding of the client’s position and what the client is going through emotionally.

Friday started off with the opportunity to see first-hand how tough and intimidating a lawyer can be by attending motion hearings with Mr. Rice. While opposing counsel began to cry during the hearing, Mr. Rice maintained his ground in a very professional and respectful way, never letting opposing counsel’s actions throw him off his game.

Later that day, I got to witness the compassionate side of being a divorce attorney. A client came to the office for what she thought was a meeting to discuss her case. It was the day before her birthday and the office had purchased a gift for her - a pink tool belt and tool kit! She was so excited when she opened her gift. After the excitement died down a bit, we all sat around and laughed as she told us stories from her day. She told us that coming to the office was “the best part” of her day.

Divorce attorneys must play a very difficult role. When clients walk through our doors, they are at their lowest point and going through one the most difficult times of their lives. Each step of the way can be painful. This week I saw two very different ways an attorney can “be there” for their client. Yes, attorneys must be tough and stand ground for their clients, but they should also take a few moments to be encouraging to their clients. It just may be “the best part” of someone’s day.

Memphis Divorce Attorney Larry Rice: on Modification of Child Support in Tennessee

2011-06-21T09:59:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Marital Dissolution Agreements in Tennessee

2011-06-17T10:43:00.000-05:00

Clerking at Rice Law: by Zoe Sams

2011-06-15T11:05:00.004-05:00

When you make mistakes in law school, they are generally of minor importance and only effect the person who made the mistake. If you make a mistake in a paper or misread a question on an exam, you might see a reduction in your grade; however, if you make a mistake in the “real world,” the consequences affect everyone. More importantly, the mistake may affect the client.

Mr. Rice told us that everyone makes mistakes but what matters is how you handle them. The first thing a clerk should do is report the error. It is easier to fix a problem if it is caught early. You can not let the fear of getting into trouble stop you from reporting the mistake. Second, do what needs to be done to fix the error. Ask for help if needed. Third, learn from your mistake and move forward.

As clerks in our first few weeks here at the firm, we have each made mistakes; however, the feeling of inclusion from the entire firm has helped us to work through them and move forward. The firm refers to itself as a team, and it is easy to see why. Each member of the team helps and gives advice whenever possible. Even though we are all new, the firm has made us feel part of the team. We have been included in the firm lunches, outings, and even the firm picture. It is little things like these that make it easier to move past the mistakes and focus on new projects.

Memphis Divorce Attorney Larry Rice: on Legal Separation and Annulment in Tennessee

2011-06-13T13:47:00.001-05:00

Memphis Divorce Attorney Larry Rice: on Grounds for Divorce in Tennessee

2011-06-10T15:13:00.000-05:00

Clerking at Rice Law: by Chelsea Conn

2011-06-07T10:24:00.005-05:00

When I first learned that I would be a clerk at Rice, Amundsen & Caperton, I knew that this position would offer a wide variety of experiences in the legal field. I never knew, however, that being a clerk at a law firm could teach me more about legal procedure and practice than I had learned in my first year of law school. Mr. Rice makes certain that the clerks witness and learn from every thing that goes on in the firm. We have been able to accompany Mr. Rice to court on several occasions to witness the result of motions or petitions we have drafted.

The legal community is very different than what I had anticipated. There are so many things that law school can not possibly prepare us for and having the opportunity to get real world experience is exciting.

Some of our day to day duties include drafting. We have been given drafting assignments that range between drafting a letter for opposing counsel to drafting a motion or order for the court. Before drafting anything, we will sit with Mr. Rice or an associate at the firm and go over what each and every document should contain. I think that one of the best learning experiences so far is being able to work at improving my legal writing abilities through drafting legal documents for review. However, I think the most important thing I have learned is how essential it is to have a mastery of the Tennessee Rules of Court. The Tennessee Rules act as a strategic guide for attorneys and I never realized how important the Rules could be in a case. By not only memorizing the rules but also understanding them, an attorney can make or break a case.