For this assignment, review the fact pattern below. Based on your research of the applicable rules in family law regarding the representation of related clients in a divorce matter, draft a Recommendation for Independent Counsel Letter. Cite to the applicable ethical rules and clearly explain in your own words to the client why such a letter is necessary. You should cite to the law but should explain the provisions in your own words rather than quoting the law. Use proper business letter form for your draft and add a watermark from Word to show that this letter is for review by your supervising attorney.
For guidance on how to add a watermark to your document, you can use the Help option in Word.
Lexis.com or FindLaw. PLEASE USE WISCONSIN TO FIND THE LAWS!!!
Directions – Please review and use the fact pattern below for the completion of your course project assignments throughout the course.
Sarah Lee and John Denim were married on July 4, 1996, in Las Vegas Nevada. It was the second marriage for Sarah and the third for John. At the time of their marriage, Sarah was 28 years old and Herman was 65. The parties have one minor child together, Lee Gene Denim. He was born on December 31, 2001.
Presently, Sarah and Lee live at 123 Cinnamon Place, in Los Angeles, California, and Herman lives at 57483 Mansion Way in your city and state. The couple separated on Christmas Day of 2011, after a holiday celebration at the Mansion Way residence, and intends to continue to live separately for the rest of their lives.
On January 2 of this year, the couple filed jointly for a no-fault divorce citing irreconcilable differences. This divorce action has been filed in your county in the appropriate court. Both parties want to remain actively involved in their son’s life but agree that Sarah will be his primary caretaker, particularly during the school year. That way Lee Gene can at least remain at the home he now knows and maintain some continuity in that aspect of his life. He is presently enrolled in private school and is very active in a variety of sports. He is also an avid musician and shows considerable musical talent, but this is an expensive activity.
Sarah wants Herman to pay reasonable child support in an amount consistent with the stateâ€™s child support guidelines based on his unearned income of $400,000 a year, payable monthly. The parties have exchanged financial statements but have engaged in no additional discovery. Sarah earns approximately $125,000 a year as a celebrity personal baker and intends to continue her career. She is self-employed and has no retirement fund. John has been retired for some time but is an independently wealthy clothing mogul and his assets are valued at approximately $7.3 million.
Over the years, John has managed all of the couple’s financial affairs and his accountant has prepared all the joint tax returns submitted during the marriage based on the information John provided. John was both physically and emotionally abusive to Sarah during their marriage, but she is willing to forget all that if he pays her alimony of $10,000 per month for the rest of his life and lets her have their apartment in New York City, their summer home in Cape Cod, Massachusetts, and the condo where she is presently residing in California. John owns all of the properties outright.
Sarah owns no real estate in her own name.
John has a pension from Levi Strauss, which would require preparation of a Qualified Domestic Relations Order (QDRO) to split and Sarah wants John to make her the sole beneficiary of a $500,000 Travelerâ€™s insurance policy. Sarah wants the Dino Ferrari and is willing to let John keep his collection of vintage automobiles for understandable reasons. John is willing to waive any rights he has to claim alimony and wants the alimony provisions of any agreement the couple makes to be non-modifiable by any court under any circumstances.