News flash. Starting January 1, 2021 we have the new mandatory disclosures. For other than family law cases, that may not be much of a problem. But from this sampling of comments on a recent string in the Facebook “Texas Family Lawyers” group, it’s a big deal:
- I cant be the only one who’s not getting OCs to submit their required disclosures
- I am the OC that can’t get his client to get off his@$$ and get me everything that I need.
- (from a serial modified) Modifications are difficult because I get “I didn’t have to do this last time” despite our client packet having very clear instructions about it.
- I can’t get my clients to give me information timely!
- Per the clients…”we don’t want you to do this”. Newsflash…we don’t want to either just do it as required.
- If both don’t want it, Rule 11 out of it.
- if you are not careful you also waive your discovery because it’s tied to disclosure response
- Some OCs don’t seem to know that anything even changed.
- Whose bright idea were these disclosures anyway? Did the family bar push for them? Or the judiciary?
- if everyone would do them and we would not have to do motions to compel it would not be terrible
- I knew they changed but forgot… (attempt at humor — this was posted by someone I know to a certainty did not forget)
- I sent mine to an OC and he responded with “What is this? I think you have your cases confused. I didn’t send you any discovery.”
My response to all of this? If both sides would do their disclosures, then when you come to mediation you would be prepared! I estimate that about half of my small marital estate cases end up spending about 1/4 of our time together getting balances on accounts (1 checking and 10 credit cards!), locating a 401k statement and wondering if anyone really has a life insurance policy.
