Using Affirmative Defenses in Idaho Family Law Cases under IRFLP 209: Definitions and Examples
Affirmative defenses are legal arguments presented by the defendant in a case. They assert that, even if the plaintiff's claims are true, the defendant should not be held liable for various reasons. These defenses require the defendant to present evidence supporting their claims. In family law cases in Idaho, affirmative defenses can be used to counter claims related to divorce, child custody, support, and other family matters. Defense by Nick Youngson CC BY-SA 3.0 Alpha Stock Images How and When are Affirmative Defenses Used?: - Pleading…
Mastering the Art of Preparing Clients for Cross-Examination: A Guide for Attorneys
In the realm of courtroom litigation, cross-examination stands as a pivotal moment where cases can be won or lost. As an attorney, your ability to prepare your client for this intense scrutiny is paramount. The art of cross-examination lies not only in legal expertise but also in effective client preparation. Here, we delve into the best strategies for attorneys to equip their clients for the challenges of cross-examination in a United States courtroom. CC BY 2.0 Deed Karen Neoh Understanding the Significance Before delving into strategies, it…
Becoming a Resilient Attorney
Of all the professions, practicing law can be one of the most challenging and stressful. Attorneys deal with high stakes cases, long hours, tight deadlines, difficult clients, and the pressures of achieving success in a competitive environment. The constant demand for results and the need to manage multiple cases can take a toll on the mental and physical well-being of attorneys. Therefore, it's crucial for attorneys to develop resilience, which is the ability to bounce back from setbacks, cope with stress, and adapt to change. 1. Take car…
Who Gets What When Someone Passes Without a Will in Idaho
In Idaho, intestacy laws determine how a person's estate is distributed when they pass away without a valid will. The distribution of assets depends on various factors, such as the deceased person's marital status, whether they have children, and whether their parents or other close relatives are alive. Here is a general overview of how the inheritance would be distributed under Idaho intestacy laws (decedent means the person that passed away): 1. Surviving Spouse: - If the decedent has no surviving children, parents, or siblings, th…
Powerfully Vulnerable
“To love at all is to be vulnerable.” ― C.S. Lewis As an avid basketball fan, every March I think about how much I love the NCAA Basketball Tournament and how much disappointment it has brought me over the years. It is absolute heartbreak for 67 teams and their fans, and the exact opposite for one team and fans. Caring about a team and the outcome of a game inherently makes you vulnerable. The same can be said about your clients testifying in court. To testify in court is to be vulnerable. Testifying in court can be a daunting experience, e…
Better Remote Court Presentation
Remote court proceedings are not going anywhere. That said, many attorneys continue to appear in court with poor audio and video production. Your "production" is the new suit coat and shoe shine of pre-COVID court. Looking and sounding good does not have to be expensive, even if you find yourself looking like a cat sometimes. NOTE: This article contains affiliate links that help fund See Generally. Audio In a word, lawyers communicate. You need to be heard at your hearing. Looking back at the past year and the various remote h…
Exhibit Foundation Basics
Laying the proper foundation is the rock upon which you build your entire case. "Peru - Cusco 014b - Inca wall" by mckaysavage is licensed under CC BY 2.0 Preparing Each Exhibit Being able to lay the proper foundation for an exhibit starts well before the hearing. To be able to use something in court, ask yourself: Does the exhibit support your theory of the case? Does the exhibit add to, subtract, or muddy your argument? Is the exhibit duplicative? Has it been disclosed pursuant to applicable rules? Are there hearsay concerns th…
Data Meets Employee: Just-In-Time Scheduling
Data can be really useful for making the most of a company’s time and resources. It can lead to safer work flows, better regulation compliance, understanding improvement, minimizing risk, and measuring actual progress toward goals. With labor often an employer’s highest expense, data addressing employee habits and peak labor needs can help sew a strong thread of efficiency in day to day operations. With all the benefits that can come from modern data collection, data can also be viewed as over-intrusive, pressurizing, complicating, and lackin…
Tenant Protections During an Eviction in Idaho
Image by James Thompson on Flickr CC BY 2.0. In Idaho, eviction proceedings are called “unlawful detainer actions.” Idaho tenants are generally unable to withhold rent for any reason. If a tenant does fall behind on rent payments or violates other lease provisions, there are certain protections afforded under the law. Here are several things to keep in mind: 1. Expedited proceedings are only available for claims of non-payment of rent, drug activity, or tenancy at sufferance. I.C. 6-310 allows for a court date and decision within 12 days of fi…
The Will to Prepare
I recently had the opportunity to hear Larry Echo Hawk speak. Mr. Echo Hawk is a former Idaho Attorney General and served as the Assistant Secretary of the Interior for Indian Affairs under the Obama administration from 2009 to 2012. Mr. Echo Hawk shared an experience he had while playing football for Brigham Young University. Mr. Echo Hawk’s defensive coach was LaVell Edwards who recently passed away . Coach Edwards taught Mr. Echo Hawk the following idea: It is not the will to win that matters, rather the will to prepare. It was obvious …
Establishing Justice in Both Fertile and Infertile Soil
The Preamble to The Constitution of the United States reads as follows: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The first step taken by the Framers in seeking a more perfect Union was to “ establish Justice .” Justice with a capital J. As noted by Andrew R. Sh…
Stalking Protections in Idaho
Being on the receiving end of unwanted intimidation, surveillance, or communication can affect every moment of the victim’s life. But how does the everyday understanding of stalking differ from federal and state legal definitions? How is stalking combated in rural communities? What protections exist for stalking victims? Federal Stalking Definition Given the federal government’s constitutional authority, 8 U.S.C. § 2261A focuses on interstate acts that have “the intent to kill, injure, harass, intimidate, or place under surveillance with in…
How Having a Child in the NICU Has Made Me a Better Attorney
Earlier this year, my brand new baby girl spent the first 28 days of her life in the Neonatal Intensive Care Unit (NICU) after being born 7 weeks premature. Rural Idaho has several excellent hospitals with NICU facilities. My daughter is doing great now, thankfully, but this experience taught me a lot about what matters most and how to care for people. Some of those lessons apply directly to the practice of law. Lesson 1: Helping those most vulnerable means listening to what they are telling you. Premature babies are constantly sending out sig…
3 Ideas to Make the Most of Drive Time
As an attorney practicing in predominantly rural areas, I drive a lot. It is not uncommon to spend 6 hours behind the wheel on a day when I have court or in-person appointments in a secluded county. For someone who already feels like my schedule is packed, taking that much time to drive somewhere can be frustrating. Out of that sentiment, I have developed several ideas to make the most of those days. Photo from Peter Black on Flickr CC BY-SA 2.0. Pre-Travel Checklist Developing a list of what needs to be brought makes for less prep-time and l…
Ecliptic Thoughts: Combining the Ordinary to Make the Extraordinary
The town I live and practice in was in the path of totality for the eclipse this past Monday. It was a life-highlight. I watched the crescent sun fade in my black glasses to nothing. I took off my glasses to find this in the sky: I inexplicably wanted to cry and cheer and hug everyone around me. I could see planets and stars. The temperature dropped. 11:33 a.m. became twilight. I can not overhype what I experienced. The exactness of everything that made it happen left me feeling the divine order of our universe. That said, after the eclipse p…
Immigration Rhetoric and Political Correctness
In 1980... (see video below) I have grown frustrated with the improper entanglement of being pro-American and anti-immigration. This applies to both ends of the political spectrum. Life is too complex and nuanced to reduce down to a one-size-fits-all-bumper-sticker answer. I think the over simplification and subsequent tribal chest pounding does a disservice to all involved after either side picks which outrage to use to ignite their base as opposed to presenting real solutions to problems. The way we talk about immigration is a great case-stu…
Can my landlord evict me via trespass in Idaho?
If you are a tenant in Idaho, you are expressly exempt from being trespassed off the rental property you occupy. Idaho Code 18-7008 states in part the following: Every person who willfully commits any trespass, by either . . . (8) Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property withi…
