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Training Course Syllabus:

Domestic Torts in Indiana

Review Civil Litigation Procedures and Know Best Practices

Marital and domestic torts are relatively new claims that combine family/divorce law and civil litigation procedures. When a client approaches you seeking representation for a divorce and marital tort, can you take the case with confidence? Are you able to decipher whether or not your client has a realistic claim? And when should the tort be filed in a separate suit or joined with the divorce? Review causes of action, defenses, third-party liabilities, and special considerations for children and custody issues. Make sure you know the ins and outs of marital torts and ensure your clients get paid. Register today!

• Review the most recent case laws that have set a precedent for going forward.
• Know how to glean meaningful information from clients during the client intake interview.
• Understand the true and legal definition of “intentional” in the civil procedure realm.
• Know how social media and e-mail communications have complicated the privacy rights between spouses before, during and after divorce.
• Know state specific statutes that identify when a claim should be joined with the divorce versus filed solo.
• Calculate damages that are reasonable to the court and client.
• Understand and prepare for the barriers that arise when seeking testimony from children in abuse cases.
• Avoid ethical dilemmas, such as frivolous lawsuits, when representing clients.

1. Recent Developments and Case Law Update
   9:00 - 9:45, Bryan Lee Ciyou and Lori B. Schmeltzer
   
2. Common Marital Torts and Impact on Divorce Proceedings
   9:45 - 10:45, Gloria K. Mitchell
   
   1. Negligence
   2. Fraudulent Misrepresentation
   3. Intentional Infliction of Emotional Distress
   4. Battery including sexually transmitted disease
   5. Assault
   6. Communication Interception
   7. Slander and Libel
   8. Fraud and Hidden Assets
   9. Identifying the Defendant(s) – Spouse or Third-Party
3. Client Intake and Pre-Litigation Tactics
   11:00 - 12:00, Bryan Lee Ciyou and Lori B. Schmeltzer
   
   1. Client Intake Interview Questions and Documents to Obtain
   2. Advice to Client Who Hasn't Yet Told Spouse
   3. Initial Analysis and Investigation
   4. Declining Representation
   5. Case File Organization Tips
   6. Annulment: Grounds, Procedure, Consequences of an Annulment Decree
   7. Is an Expedited Procedure Available?
4. Ethics in Family and Divorce Law
   1:00 - 2:00, Gloria K. Mitchell
   
   1. Preventing Conflicts of Interest
   2. Avoiding Frivolous Cases
   3. Communication with Adverse Party
   4. When Your Client is Dishonest or Abusive
   5. Attorneys' Fees
5. Filing the Tort Claim
   2:15 - 3:15, Gloria K. Mitchell
   
   1. Statute of Limitations
   2. Res Judicata
   3. General Release of all Claims
   4. Joinder: Mandatory or Permissive?
   5. Jurisdiction Issues
   6. Damages
6. Child Custody, Child Support and Domestic Abuse
   3:15 - 4:30, Bryan Lee Ciyou and Lori B. Schmeltzer
   
   1. UCCJEA
   2. Federal Violence Against Women Act of 2000
   3. Collecting and Preserving Evidence
   4. Allegations of Child Abuse in Custody Disputes
   5. Restraining and Protective Orders and Injunctive Relief
   6. Child Testimony in Child Abuse Cases
   7. Law Enforcement Involvement
   8. Child Sexual Abuse Evaluations
   9. Mutual Spousal Abuse Accusations
   10. Dealing With Therapy Privilege

Seminar Summary:

Review causes of action, defenses, third-party liabilities, and special considerations for children and custody issues. (see full course description)

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