Monday Mentors with Austin Family Lawyer JoAl Cannon Sheridan
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JoAl Cannon Sheridan, family lawyer and founder of Sheridan Family Law in Austin, joins us on today's show! JoAl talks about growing up with a lawyer father, the latest in family law, and balancing confidence with humility. Her firm/practice She is originally from Mexia, TX, which is perhaps known best by a joke that went "viral" decades ago: This older couple was driving East on 84 out of Waco, and kept seeing the signs for Mexia. Being that they were old and married and argued about everything, they got into an argument about how to properly pronounce "Mexia."As they pulled into town they decided they needed to settle the debate once an for all. They immediately saw the sign for Dairy Queen and pulled into the parking lot. They walked up to the counter where a bright-eyed young high school girl was manning the register, and they asked, "How do you say the name of this place?"The girl got a confused look and said back very slowly... "DAI-RY QUEEN." Joe Cannon is her dad and a well known lawyer who just retired Cowrote the Texas desegregation bill in the 1960s She would go to his office all the time as a kid, and always knew she wanted to be a lawyer After years at a couple of other firms, started her own firm Niche areas Third-party custody International/jurisdictional Drawn to family law because it is a calling and a ministry Dealing with great people at the saddest points in their life Takes a certain personality and calling She also has a love for animals and thought about becoming a veterinarian (but didn't have the stomach for it!) Family law update The pandemic People who are forced into house arrest for 15 months either brings you closer or pushes people apart Has caused family law practice to be very busy Supreme Court did the right thing by ordering parents to honor custody arrangements and not use COVID as an excuse to ignore them New rule as of 1/1/21 - Mandatory disclosures due 30 days after an answer is due Lawyers believe they are the better judges of their lawsuits Not every case needs full blown discovery Rule 11 agreements to defer that are very common Two new Supreme Court decisions In re CJC (2020) Lots of ways to have standing as a non-parent, but two main ones (you had actual care/possession in the past six months OR you are family and the child's health is at issue) Overturned In re: VLK (2000) which said there was no parental presumption in a modification (so this was a best interest of the child test) So now there is a parental presumption In re H?? (2019) For the six month rule, how do you define care/possession? Excludes daycare workers, etc. If you were making day-to-day decisions for the child, feeding them, taking them to the doctor This is a standing question; doesn't mean they will get custody, but gives them their day in court Practicing during COVID (as of 6/30/21) Challenging and just not the same versus being in the same room with people Various courts are opening up at different paces depending on your county Travis County on 9/1 Rural counties have already opened up Live bench conferences / administrative hearings / uncontested dockets etc. will likely continue by virtual/video stream depending on the judge/jurisdiction Advice to lawyers in practice Respect your elders Don't get overly aggressive trying to prove yourself; give deference to a more experienced attorney Civility is important Understand the big picture and the lay of the land Show good judgment and maturity Admit that you don't 100% understand what you are doing Share what you are thinking and ask another attorney what they think Don't get into the mud with your clients This can be very difficult Recognize it doesn't help you be a better lawyer/advocate...
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