A Paralegal's Guide to Discovery in Divorce

Agenda / Content Covered

1. Drafting Discovery Requests and Responses
   10:00 - 11:00, David N. Horowitz, Kerie S. Trindle Byrne
   1. Information and Documents to Obtain from Clients (w/Checklist)
   2. Scope and Timing of Discovery
   3. Effective Interrogatories and Requests for Production of Documents in Divorce
   4. Responding and Objecting to Interrogatories and Requests for Documents
   5. Summarizing Answers/Documents for Your Attorney
   6. Use of Requests for Admissions in Family Actions
   7. Assisting Attorneys with Depositions
   8. Model Letters and Motions - Interrogatories, Requests for Production, Depositions and More
2. Organizing Discovery Documents: Tips and Tricks
   11:15 - 12:15, David N. Horowitz, Kerie S. Trindle Byrne
   1. Legal Hold Steps and Tips (with Sample Review)
   2. Maintaining Privilege Logs
   3. Bates-Stamping and Indexing Documents
   4. Keeping Up Production Logs
   5. Organizing and Tracking Documents from Client
   6. Collecting and Managing Information from Opposing Parties
3. E-Discovery: Social Media, Smartphone Evidence and More
   12:15 - 1:15, Donald A. Wochna
   1. Where/What to Look for and How to Obtain it
   2. Commonly Overlooked Sources of Data
   3. How to Subpoena Cell Phone Records, Social Media, etc.
   4. Facebook and Social Media: Discovery How-to's and Pointers
   5. Smartphone/Tablet Discovery
   6. Email Discovery
   7. Instagram, Snapchat, and Other Photo- and Video-Sharing Apps
   8. Retrieving Deleted/Lost Data
4. What Individual Tax Returns Can Show You (Walkthrough of Sample)
   1:45 - 2:45, Janet L. Gemmell
   1. W-2, 1099, 1098, 1044 Forms
   2. Other Tax Forms You May Need
   3. Following the Money: Finding Hidden Assets
5. Finding Hidden Assets: Reviewing Bank Statements, Paystubs and Other Key Documents
   2:45 - 3:45, Janet L. Gemmell
   1. Premarital/Prenuptial Agreement Provisions
   2. Paystubs and Other Employment Records
   3. Financial Account Statements (Bank Statements, Investment Statements, etc.)
   4. Pension/Retirement Accounts
   5. Financial Statement Analysis
   6. Life Insurance Policies
   7. Business Records
   8. Bills, Loan Documents, Credit Card Statements, etc.
   9. Health Insurance and Benefit Plans
6. Ethical Considerations in Discovery for Paralegals
   4:00 - 5:00, David N. Horowitz, Kerie S. Trindle Byrne
   1. Protecting Confidential and Privileged Information
   2. Duty of Candor in Discovery
   3. Electronic Discovery Considerations
   4. Ethically Handling Clients Who Lie; Hide Assets; Don't Respond

Accreditation Details:

Janet L. Gemmell is the founder and managing member of Cape Fear Family Law, with offices in Wilmington and Jacksonville, North Carolina. Ms. Gemmell is a board certified family law specialist. She focuses her practice on family law issues, including child custody issues, relocation matters, equitable distribution (or in other words division) of property, and alimony and spousal support. Ms. Gemmell has been a contributing writer and public speaker on divorce law topics for local publications and a national magazine, and is an active presenter of continuing legal education seminars. She also manages her firm’s Vlog on YouTube. Ms. Gemmell is a member of the North Carolina State Bar's Family Law Section, as well as the American Bar Association, and The Florida Bar. Ms. Gemmell earned her B.A. degree, cum laude, from the University of North Carolina at Wilmington; and her J.D. degree from the Norman Adrian Wiggins School of Law at Campbell University.

David N. Horowitz is a certified family law specialist and shareholder with Warner Angle Hallam Jackson & Formanek. He was admitted to practice law in Arizona in 1990. Mr. Horowitz earned his J.D. degree, summa cum laude, from the University of Arizona College of Law. He has focused his practice in all areas of family law for more than 20 years with extensive experience in divorce, legal separation, annulment, child custody, visitation, child support, spousal maintenance, pre-nuptial agreements, parent coordination, domestic partnerships, grandparents rights, guardianship, step-parent adoption, and relocation. Mr. Horowitz, a fellow with the American Academy of Matrimonial Lawyers, is highly experienced in alternative dispute resolution including mediation and collaborative divorce. He currently serves as a judge pro tempore and as a parenting coordinator for the Maricopa County Superior Court. He is also a member of the State Bar of Arizona's Family Law Advisory Commission and is its current chair of the State Bar of Arizona's Continuing Legal Education Committee, the State Bar of Arizona Family Law Council, Arizona Association of Family and Conciliation Courts, and The International Academy of Collaborative Professionals. Mr. Horowitz earned his undergraduate degree in business economics from the University of Arizona and has been teaching economics and legal studies at Phoenix College since 1990. He has also taught family law/general practice skills at Arizona Summit Law School.

Kerie S. Trindle Byrne , PP, PLS-SC Family Law has been a legal professional for over twenty years and has worked in many different capacities in the law firm environment including file clerk, legal secretary, office manager, administrative assistant, and paralegal. Through determination, hard work and on-the-job training, Ms. Trindle Byrne gained the background knowledge and skills to perform as a legal support professional. Believing education to reinforce her skills was important, she attended Phoenix College and earned her Associate of Arts Degree in Paralegal Studies, obtained her PP and PLS certifications from NALS and her Specialty Certificate (SC) in Family Law NALS. Ms. Trindle Byrne has practiced many areas of law and has worked as a family law paralegal with David N. Horowitz of Warner Angle Hallam Jackson & Formanek, PLC for the last 17 years. She believes her communication skills, creativity, intuition, and innovation make her an effective leader.

Donald A. Wochna formed the E-Data Law Group LLC almost 19 years ago, which is a consortium of experts that design, build, and defend advanced technological solutions to legal challenges in litigation, healthcare, audit, privacy, and security issues. The vision of the E-Data Law Group is to use electronic data to make the practice of law proactive. Mr. Wochna obtained one of the first civilian licenses for computer forensic software, and began a business identifying, preserving, extracting, analyzing, and producing electronically stored information, including content, metadata, and artifacts. He earned his B.S. degree from Cal State Long Beach and his J.D. degree from The Law School, University of Chicago. Mr. Wochna has written hundreds of articles related to ediscovery, big data, analytics, and the challenges to the legal profession raised by electronic information systems. His books include, E-discovery: Making the Computer Your Best Witness, published by Ohio State Bar Association, and he is a frequent and lively speaker regarding electronic data issues. Mr. Wochna has testified before the Advisory Committee on Amendments to the Rules of Civil Procedure, and has been influential in shaping the process by which large sparse datasets are defensibly searched to produce relevant information without reliance upon agreed-upon search terms.