Monthly Archives: May 2014

Shhhh…. what you share with your attorney is private

May 19th, 2014

Generally speaking, information you share with your attorney is protected by the attorney-client privilege.  Evidence Code § 954.  However, an exception applies if the client wants help committing crime or fraud.  Evidence Code § 956.  In those cases, the information is not protected.  The 956 exception does not cover information shared about past crimes or fraud (i.e. a client talking to his criminal defense attorney).

But what if your lawyer doesn’t know everything?  Lawyers like to ask other lawyers questions.  And some lawyers can (and do) so long as they protect their client’s information.  A new website is up and running for lawyers to ask questions – confidentially.  Click here for a link on the site.

Ford Family Law APC attorneys take their responsibility to their clients seriously.  They protect their client’s information and do not reveal confidential information to unauthorized third parties.  A client should feel comfortable sharing private information with their attorneys.  We respect our clients and believe that enforcing the attorney-client privilege encourages open communication between attorney and client.  This allows us to learn more about you and your case – making us best able to represent you.

The Petition – Part 5 – Community Property

May 8th, 2014

At Part 5 of the Petition, the Petitioner can identify his or her separate property.  Community property is:

Community property is subject to equal division by the Court.  Family Code Section 2550.

If you are unsure about the characterization of certain property, be sure to talk to an experienced family law attorney.

The Petition – Part 4 – Separate Property

May 2nd, 2014

At Part 4 of the Petition, the Petitioner can identify his or her separate property.  Separate property is:

  1. All property owned by the person before marriage.
  2. All property acquired by the person after marriage by gift, bequest, devise, or descent.
  3. The rents, issues, and profits of the property described in this section.  Family Code Section 770(a);  and
  4. The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse. Family Code Section 771(a).

You can ask the Court to confirm your separate property to you (and the Respondent’s separate property to him/her).  Separate property is not subject to equal division as is community property (see next post).  However, your separate property will be considered if long-term spousal support is an issue.  Family Code Section 4320(e).

If you are unsure about the characterization of certain property, be sure to talk to an experienced family law attorney.