Author: caustin
All the Pretty Horses: Preserving Issues for Appellate Review
By Ben P. McGreevy Beautiful Wild Horses in Spring. Photo Credit: @natureguy via Adobe Stock. “Between the wish and the thing the world lies waiting.”[i] When arguing an issue, one should take care to ensure that the issue is properly…
Read Full ArticleAppellate Mediations: The [Re]Discovered Country
By Leslie M.G. Hayes and Bryan A. Nickels “I Never Been Defeated and I Won’t Stop Now (Woo)”[i] – Why Would I Mediate on Appeal? There is always risk in litigation. However, mediation is a tool to help your client…
Read Full ArticleInterlocutory Appeal in Idaho: Is There a Better Process?
By Stephen L. Adams and W. Christopher Pooser Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. As a result, litigators are often stuck with non-final rulings…
Read Full ArticleDon’t Get Too Adversarial When Compiling Excerpts of Record in the Ninth Circuit
By Jennifer M. Jensen and Zachery J. McCraney Courts have different rules for defining the record on appeal. Where there is variation, there is room for strategy – and error. Readers of The Advocate are no doubt familiar with the…
Read Full ArticleILF President’s Message: Setting Course for a New Year
Fonda L. JovickPresidentIdaho Law Foundation Happy New Year to you and your loved ones! In July, I began my term as President of the Idaho Law Foundation, taking over for Kari Campos. It’s an honor to serve in this role…
Read Full ArticleHome is… Where?
Jessica Perez The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”)[i] is a familiar friend to all family law practitioners. It is the heart of a state’s ability to make a child custody determination. On one hand, the UCCJEA is…
Read Full ArticleHelping Family Law Clients Through Conflict: Neuroscience & ADR Tools
Carol Barkes & Colby Jones Attorneys are tasked with zealously representing their clients’ positions,1 and in the courtroom, this principle is second to none. However, particularly in family matters, attorneys take on the role of advisor, which contemplates incorporation of…
Read Full ArticleTrauma-Informed Lawyering and Implications to Lawyer Competency and Professional Integrity
Merritt L. Dublin The legal profession has been slow to recognize what many other service professions generally accept – that there are personal risks involved in working closely with individuals who have experienced traumatic events. Being informed about the impact…
Read Full ArticleWorking with Domestic Violence Survivors: A Mental Health Perspective to Consider
Jennifer Beckstead Domestic violence cases may be some of the most challenging and frustrating cases you deal with. Their challenges differ depending on the area of law you practice. For instance, if you’re a prosecutor, perhaps you want a clean,…
Read Full ArticleWhy Can’t We Just Be Nice?
Melanie E. Baillie Although I will admit that I like catchy titles, this article is not about being “nice.” As attorneys, we cannot always be “nice,” and we are not called to be. Rather, the topic de jour is civility…
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