Family Law Advocacy
COURSE SYLLABUS
Judge David Farr
Spring 2016
Date
1/19/16
1/26/16
Topic
Overview of Family Law case from initial interview
through trial and closing documents. Overview of
Texas Family Code (how to generally navigate it
and common problem statutes to know for practice).
Jurisdictional issue and overview of the UCCJEA
(Chapter 152) and UIFSA (Chapter 159) and UPA
(Chapter 160). Team Assignments.
Client interviewing. Identifying legal versus fact
issues. Discussion of motions practice and drafting
pleadings for appropriate requested relief.
Developing case theory. Hearing/Trial Notebooks,
Best practices for Agreed Prove-Ups and Default
Judgments (review of TRCP 21a and 106, etc.)
2/2/16
Narrowing issues for temporary hearings to
accommodate time constraints (review of Chapter
105 TFC). Negotiating with opposing counsel.
Identifying witnesses and physical evidence. Basic
evidentiary factors and review of problem family law
evidentiary issues (TRE 801/803 – TFC Chapter
104 as to evidence).
2/9/16
Role of Amicus Attorney v. Attorney Ad Litem v.
Guardian Ad Litem (review of Chapter 107 TFC).
Parenting Plans and Parenting Coordinators, Social
Studies, Psychological evaluations. General
discussion regarding the pros and cons of each and
when and how to request appointment.
Quiz No. 1 on TFC Sections UCCJEA (Chapter 152)
and UIFSA (Chapter 159) and UPA (Chapter 160)
and Chapter 105 and 107. Planning trial and show
cause evidence. Preparing witnesses. Subpoenas
procedure. Harris County Family Court Local Rules
required documents. Discussion of time estimates
to the court for hearings and choice of witnesses.
2/16/16
2/23/16
3/1/16
Guest speaker on temporary orders – Associate
Judge from Family Courts in Harris County, Texas.
Do’s & Don’t’s. Conduct Mock Temporary Hearings
at Civil District Court, 16th Floor.
312th District Court
Guest speaker on filing for temporary orders and
obtaining settings (e-filing requirements, etc.) –
Head Clerk from Family Courts in Harris County,
Assignment
Discussion of Problem Facts.
Read UCCJEA (Chapter 152)
and UIFSA (Chapter 159) and
UPA (Chapter 160).
Petitioner’s Draft Original
Petition for Divorce,
Temporary Restraining Order
and Order Setting Hearing.
Respondent’s Draft Original
Counter-Petition for Divorce
and Answer
Draft Rule 11 Agreements.
Mock trial exercises on
negotiating the pitfalls of child
abuse hearsay statements as
well as party hearsay
statements under TRE 803.
Reade Chapters 104 and 105
TFC and TRE 801/803.
Read Chapter 107 TFC. Draft
Motion to Appoint Amicus
Attorney (or AAL or GAL, etc.)
Mock hearing on appointment
request and request for
payment of Amicus.
Read Harris County Family
Court Local Rules and
relevant TRCP sections as to
subpoenas. Draft and
prepare and mock trial
exercises on Financial
Information Sheets and tax
documents.
Conduct Mock Trial
Temporary Orders in court.
Conduct Mock Trial
Temporary Orders in court.
3/8/16
3/22/16
3/29/16
4/5/16
4/12/16
4/19/16
4/26/16
Texas. Temporary Hearings at Civil District Court,
16th Floor, 312th District Court
Discussion of typical Family Law Discovery requests
and responses. When to make objections to
discovery. Motions to Compel – how to draft and
conduct. Common practices and considerations for
the family law practitioner.
Final Trial Preparation – discussion of required
documents such as Inventories and Appraisals,
Proposed Property Divisions, Proposed Child
Support Findings, Proposed Parenting Plans.
Discussion of Separate Property Issues and related
pleadings requirements. Proving up property issues
on separate property and reimbursement claims.
Guest speakers on practical family law career
management – solo practitioner attorney TBD and
family law attorney from mid-size family litigation
firm. Final Trial Preparation – discussion of Spousal
Maintenance v. Contractual Alimony v. Interim
Spousal Support. Communication techniques,
further witness preparation and examination, pretrial motions.
Guest speaker on practical applications of making a
record of proceedings – Official Court Report from
Family Court in Harris County, Texas. Pre-Trial
Motions. Final Decrees and Closing Documents.
Prove-ups revisited and default.
Quiz No. 2 on TRCP 21a and 106/TFC Sections
TBD. Mock trial with students performing agreed
judgment prove-ups and default judgments.
Final Trials at Civil District Court, 16th Floor
312th District Court
Final Trials at Civil District Court, 16th Floor
312th District Court
Read TRCP 194, etc. Draft
Motion to Compel. Mock trial
exercises on motion to
compel.
Read TFC Chapters 1,2,3 & 6.
Draft reimbursement and
separate property component
pleadings via an Amended
Petition for Divorce.
Read TFC Chapter 8.
Review previous notes on
TRCP/TFE rules for default
judgements.
Written Quiz/Conduct Mock
Trial exercise on agreed
prove-ups and default
judgments
Conduct Mock Trial Final Trial
exercise.
Conduct Mock Trial Final Trial
exercise.
Grade Components:
Quiz no. 1 - 15%, Quiz no. - 15%, Daily Class Participation - 10%, Temporary Orders Hearing Mock trial
no. 1 - 25%, Final Trial mock trial - 35%.
Book Requirement:
2015 Sampson & Tindall’s Texas Family Code Annotated. Additional materials as to trial advocacy
(admission of evidence predicates, etc.) as well as specific portions of the TRCP (i.e. TRCP 21a, 106,
etc.) and TRE (i.e. 801, 803, etc.) will be handed out in class for use on the mock trials.
Office Hours: I am always available at my office in the courthouse by appointment through my court
coordinator Patricia Plotkin at (713) 274-4740 and will also make appointments to meet before and after
class hours at the law school. I may be reached at the number above and also at
judgedavidfarr@gmail.com.