The Divorce Chronicles Episode 6
Tips for Unrepresented Parties in Domestic Matters With Guest Bibi Berry
Family magistrate Bibi Berry is here today. Before joining the judiciary, Magistrate Berry was a principal member and my former partner at the law firm of Paley Rothman in Bethesda, Maryland. She devoted most of her legal career to the practice of family law. She is a dear friend and a very smart and experienced family law practitioner.
She received her undergraduate degree from Howard University and her law degree from Georgetown University Law Center. She has served as a faculty member for the Family Law University for Sitting Judges and Magistrates, the American Institute of CPAs expert witness workshops on business valuations, and is an associate adjunct professor with the American University Washington College of Law. If she's not in the courtroom, she could be on the golf course.
You can find Bibi here:
Show Notes:
[04:30] Bibi has practiced family law in the state of Maryland for 15 years.
[05:17] She recently became a family magistrate with the Maryland Judiciary in Montgomery County.
[05:49] Magistrates and judges are very similar. Bibi serves a dual function to help clear the docket and help advise the judges. They conduct preliminary hearings.
[07:35] They conduct evidentiary and non-evidentiary hearings. They make recommendations as to what should occur.
[09:11] Fact finders have to parse through all of the noise and get to what is truly relevant to the case.
[09:54] About 60% of Bibi's litigants are unrepresented.
[10:43] If you are going to be involved in a case, it is absolutely beneficial to seek representation.
[11:20] Your attorney will know the law, the rules of procedure, and be able to navigate through the court.
[12:35] They will know the terminology and how to put together a case that is persuasive to the judge.
[13:26] It's not a good idea to represent yourself and be emotionally tied to what you are going through.
[14:20] To navigate the judicial system, find available resources that will help you educate yourself. It's also a good idea to look for pro bono representation. Educate yourself as much as possible and use the courthouse library.
[16:45] You can also look into hiring an attorney or a limited scope of time. Also look at the self-help centers located at many courthouses.
[19:40] At least have a consult with an attorney. Things are a little less daunting when you spend a couple hours with an experienced attorney. They can talk to you about issues, expectations, and the process. They will also give you an idea of what information you will need to present to the court.
[21:28] Read your paperwork before you go to the initial hearing. You can give a brief opening statement and present evidence and facts. You will be put under oath. If you are the moving party, you have the burden of proving. Find relevant facts.
[24:28] Evidence includes witnesses, documents, and other items.
[24:57] Objections are rules that preclude certain types of evidence from being presented to the court. One of these objections is hearsay.
[28:07] Children aren't usually brought in to testify, because we don't want them involved in the legal process unless they really need to be there. The child should have an attorney to relay their perspective.
[30:31] Objections concerning relevancy. It's important to object to any evidence that is not relevant to the case.
[32:09] Making an objection because a person is lying is not a proper objection.