“Handling” the Media (in Family Law Matters)?

On Wednesday January 18, 2012 I will be presenting a Webinar for the ABA. It is one that is interesting to me. The title? Handling the Media in a Family Law Matter. I am sure I don’t know all the answers, but preparing for it and thinking about it has been educational and enjoyable. A link to the program overview can be seen by clicking this sentence.

While there certainly is more than one way to work with the press, I have found that being forthcoming with the media, even if my answer is “I don’t know”, or “I know but cannot and will not say”, has been the best. The media have much power, but in the end, they, like we, are people making decisions and judgment calls so why make them second guess your honesty or integrity.

I am looking forward to the program. If you have any helpful tips, resources, insights or suggestions, please pass them along. It can only help improve the presentation.

Posted in American Bar Association, Attorney, Celebrity Cases, Child custody, Divorce, Family, Family Court, Family Law, High Profile Cases, Judge, Lawyer, Legal | Tagged , , , , , , , , , , , , , | Leave a comment
 

Winning Settlement Strategies

On January 12, 2012, Dennis Collard and I will be presenting at the State Bar of Georgia on “Winning Settlement Strategies. The seminar brochure can be accessed by clicking here (click for brochure). We are the final speakers for this fine seminar being put on by the General Practice and Trial Law section of the State Bar of Georgia. Other fine speakers include Pete Law and Judge Gino Brogdon among others.

Too often the focus on lawyer education is on how to go to trial. While our particular presentation does indeed cover preparing for trial, our overall point is that by preparing well for trial, you make it more likely you will achieve an appropriate settlement. As with most seminars, the best part of the day will be listening to and watching the other speakers so that I may learn from them. If you are able to join us, please do. And if you have any suggestions for us to consider incorporating into our presentation, please let us know.

Posted in American Bar Association, Attorney, Custody, Discovery, Divorce, Family, Family Court, Family Law, Judge, Lawyer, Legal, Misc, Visitation, alimony | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment
 

Holiday Season puts brakes on divorce

Divorce filings always seem to decrease around Christmas time. There may be many reasons, including some that we hear such as wanting to keep the family together for one last holiday, or feeling guilty about filing around Christmas time. It is a nice reprieve and it is always nice to see people really give their marriage one more good effort.

But then filings seem to always increase after the holidays. People want to make a fresh start. New Year’s resolutions often include a commitment to finally divorce or separate. Or people realize that the goodwill of Christmas was not good enough to make them want to stay forever with their spouse.

Divorce lawyers across the country experience slowdowns in December and increases in business in January every year. This has been a constant in good economies and bad. And again this year, we have seen our share of December consultations which end with clients saying they want to wait until after the holidays, or they want to see how the holidays go. If only that time of good will was year round in their relationships, divorce rates would permanently decrease? Maybe if Christmas lasted all year?

Posted in Attorney, Divorce, Family, Family Court, Family Law, Lawyer, Legal | Tagged , , | Leave a comment
 

ABA Family Law Section plans for South Beach Seminar in full swing

“SoBe”…South Beach in the Spring, what could be better? Please consider joining us April 18-21, 2012. After a very successful CLE program in Vegas this past October, we are on a “CLE roll”. The programs scheduled for Miami include:“How to Impress Judges: Analytical Steps to a Well Organized, Concise, and Engaging Trial”, “Social Networking for the Family Lawyer..” and “If you love me, put it in writing.” The full tentative schedule can be accessed by clicking here.
And one more time, the location…the Eden Roc Hotel in South Beach, in the heart of Miami Beach, is old style Miami art deco, but fully renovated and hip. It’s a great place to learn and to mingle with family law attorneys from across the country. There will be family law discussed not only indoors, but pool side and at the beach. Isn’t that better than your conference room? I hope you will consider joining us for this fun filled educational meeting. See you in the sun!. – Randall M. Kessler

Posted in American Bar Association, Assited Reproductive Technology, Attorney, Celebrity Cases, Child custody, Custody, Discovery, Divorce, Family, Family Court, Family Law, Gay Adoption, High Profile Cases, Judge, Lawyer, Legal, Misc, Prenuptial agreement, alimony, assisted reproductive technology, gay marriage, same sex marriage | Tagged , , , , , , , , , , , , , , , | Leave a comment
 

CUBA! ABA Family Law Section Invitation

Cuba! To exchange legal ideas with Cuban lawyers, in Cuba, how unbelievable! I am so fortunate to be able to participate and lead this venture next March. The idea is to promote understanding of family law in each country and to exchange ideas that will hopefully help families in both countries. For the specifics or to RSVP, click here.

Again, the goal is to enhance American and Cuban lawyers knowledge and skills in family law, especially now that we may be on the verge of more Cuban and American family law issues as travel and immigration restrictions change. What an opportunity to learn each other’s legal systems with a view to helping Cuban and American families who will go through family law cases.

At this point I am simply excited about the program and am looking forward to it. If you have any ideas, suggestions or comments, please let me know.

Posted in American Bar Association, Attorney, Child custody, Custody, Divorce, Family, Family Court, Family Law, Judge, Lawyer, Legal, Prenuptial agreement, Visitation | Tagged , , , , , , , , , | Leave a comment
 

High Profile Clients Programs

I have been very fortunate to have been invited to speak at a few seminars recently on high profile and high asset divorce. This month (November, 2011) I have already spoken in Mexico to Sports and Entertainment Lawyers (for seminar agenda, click here), to Asset Recovery Specialists in Las Vegas (for seminar brochure, click here) and on November 21, 2011, I am on a panel with David Boies and others to speak on High Profile representation (for program information, click here). Over 2,100 lawyers have signed up for this one. While it is always flattering to be asked to speak, being asked to speak alongside one of, if not the best lawyer in the country, David Boies is one of the highlights of my career. Just preparing with him and the other panelists has been a thrill. The real challenge will be to not say too much during our presentation so that I may learn as much as I can from him and our other panelists.

While we have been honored to represent our share of public figures, David Boies has been hired for the biggest cases by the highest profile clients (Al Gore, Mrs. McCourt, the NFLPA and the NBPA among others). This program will be educational for all, and I will have the best seat in the house. I am flattered and grateful to have been invited onto the panel and look forward to learning a lot from my co-panelists. If there is anything you want us to address during the program, let me know so I can see if we can work it in. If we can’t, I’ll do my best to get answers to your questions after the program.

Posted in Celebrity Cases, Divorce, Family, Family Court, Family Law, High Profile Cases, Judge, Lawyer, Legal | Tagged , , , , , , , | Leave a comment
 

Teaching makes us better

I just concluded my twentieth (I think? Maybe 21?) semester of teaching family law at John Marshall Law School in Atlanta. It is so rewarding. While it takes time to prepare and teach (3.5 hours per week of instruction), it feels like I am making a small difference in the students’ lives. Certainly not all of them will practice family law, but my goal has been and continues to be to pass along any skills I have learned that will help them help future clients. But more important than the classroom interaction, is the post law school interaction. I am often contacted by former students with questions about a case. And I see them in courthouses, doing their thing, flourishing.

And for me, the interaction is helpful and rewarding. And it helps my clients. Oftentimes we are discussing an issue, such as Modification of Child Support. I may teach by reviewing a fact pattern of a current case of mine and get their thoughts. I like the students to go through the analysis of a case with me and while I think I am teaching them, they often teach me. The average class size is fifty students so how can I ignore the comments and input of fifty law students? They are often insightful and helpful.

I appreciate the opportunity to teach and appreciate the rewards it gives me. Knowing I am helping young lawyers is an unbelievable reward. Whether we teach law school, present at seminars or simply assist young lawyers (in our own offices or elsewhere), lawyers who give back (and so many do), know these rewards. I am just blessed to have this opportunity and look forward to doing it at least a few more years, because there is much more (for me) to learn.

Posted in Uncategorized | Leave a comment
 

Pamela

This week, family law attorney, and my boss from 1989-1991, Pamela Tremayne, passed away. Pamela offered me employment when I was a very young lawyer, in my mid-twenties. To work with her was very appealing to me since she was a former teacher, and I had much to learn. Pamela taught me the importance of bar involvement (her father had been a leader in the St. Louis Bar). It was a very small firm (Pamela and I, and then one other lawyer, Kit Carson). We all learned from each other. I tried my first (and only) personal injury jury trial while with her firm, yet the majority of my work was in domestic relations. Pamela was a stickler for details and grammar and that made me a better lawyer. When it came time to part ways, we remained friends and have ever since. In fact, just next week we were scheduled to present together on a panel in Cabo, Mexico at the Sports and Entertainment Law seminar we attend every year. I am sorry she will not be there, she will be missed.

I probably never thanked her sufficiently for what she contributed to my limited success as a lawyer, so Pamela, thank you, I wish I had told you more often how grateful I was for the opportunity you gave me. And I hope I remember to thank anyone and everyone else who has helped me in life and in my career. Not to do so would be a further tragedy.

Posted in Uncategorized | Leave a comment
 

ABA FAMILY LAW CLE REGISTRATION SOARS

The program enrollment for next week at the Encore in Las Vegas is great (over 250!) and you can still sign up.

For those of you coming or thinking about coming who are reading this on a smartphone, you can text FLS to 99699 and you will be provided an immediate link to the schedule and related info. Or you can simply click
https://mobilezen.com/FLS and then save that page to your home page for instant access to the schedule around the clock (like so you know where the next program is, etc). This is one of our new efforts to improve the programs and I look forward to your feedback on it.

See you in Vegas, I hope!

Posted in Uncategorized | Leave a comment
 

Thanks for the opportunity.

I am now a few months into my year as Chair of the American Bar Association’s Family Law Section. Wow, it goes fast. There seem to be fires to put out every week (or every day), but we have great staff at the ABA that really make things easier. There are budget concerns, planning of Continuing Legal Education Events, policy issues and the like. But most of all, there is a sense of responsibility that our group, our Family Law Section has a responsibility; a responsibilty to help. There are issues with military family law matters that we are addressing as well international custody issues (which will be discussed heavily at our Annual Fall Meeting in Las Vegas in two weeks; to see a link to the brochure, click here).

I said in my first Chair’s Column in the Family Advocate and in my speech as I became Chair, that I want to help everyone: lawyers, clients and others, understand the family law process better (chairs column1). Knowledge is power and we should all be as knowledgable as we can about the laws that so vitally affect families, especially children. I look forward to the seminar in two weeks and to making this and future years great and helpful to all lawyers and people, and especially to those dedicated to the field of family law and to helping those with family law problems.

Posted in American Bar Association, Attorney, Divorce, Family, Family Court, Family Law, High Profile Cases, Judge, Lawyer, Legal, Technology, alimony, assisted reproductive technology | Tagged , , , , , | Leave a comment
 

Vegas ABA Family Law Seminar info now available on your phone

The upcoming ABA Family Law Seminar has already generated a tremendous response. The advance registration numbers are great with more people registering each day.

And now, more good news. The entire program schedule and related information (presentation titles, times and locations for instance) can be downloaded right to your cell phone, in advance.

You can access the mobile website in one of three ways:

1. Text FLS to 99699, then click the link in the text message reply you receive.
2. Scan the QR code which will be available at the seminar, with your smartphone to be taken directly to the website.
3. Enter the following URL in your browser: https://mobilezen.com/FLS

Once you do this from your smartphone, you can then add the site to your phone’s home page and access it at anytime (like when you need to know where the next presentation is).

I am really excited that we are bringing this technology to our program and grateful to Mobilezen for setting it up for us.

20111004-225208.jpg

Posted in Uncategorized | Leave a comment
 

Braves, Red Sox Collapse. Is there a lesson?

Where’s the silver lining? Maybe that in life, you should never give up? I think so. That’s the optimist in me. As a divorce lawyer, every day I see people who feel their life is collapsing. Baseball is, in the end, just a game. But what did we learn?

The Braves and the Sox, both leaders in the wild card playoff race for the last month, each faltered in ninth inning of the last game of the season. They each only needed to finish off the ninth with the lead of 3-2 they had going into it. Too weird and too sad. But this is, unfortunately a year to remember (since it will be impossible to forget).

But just as in life, there is always next year. In fact, growing up a New Orleans Saints fan, we usually came to understand this after the first few games of every season. And look what happened! It took 47 years, but we won the Superbowl. Time heals all wounds and for Red Sox and Braves’ fans, this too shall pass.

20110929-084640.jpg

Posted in Uncategorized | Leave a comment
 

Young lawyers rest assured, there is work for you.

Today a young lawyer met with me to ask for help starting her own law firm. While I still consider myself a “start-up” and love to learn about business, it reminded me of some things I think are true (and which I told her). Some of these thoughts include the fact that people need lawyers; they really need lawyers. While the public may not think highly of lawyers, opinions often change (for the better) when a lawyer is hired and the client sees a good lawyer at work. But most importantly, as I said to the young lawyer, is that it can be done. A law practice can be built and can flourish, with nothing more than hard work and a dedication to integrity. It may take time, but lawyers’ reputations are their most valuable commodity and reputations are not gained overnight.

And the most important thing that I think a young lawyer can do to help themselves? Ask questions. Ask those who have established a practice and most importantly, those you respect. Good lawyers want to help. Not only their clients, but the bar in general (since that will trickle down and hopefully help all clients). I hope I was able to help her, but I know she will be fine, if for no other reason than because she had, and has the initiative to ask the right questions and to succeed.

Posted in American Bar Association, Attorney, Divorce, Family, Family Law, Financial, Lawyer, Legal, Uncategorized | Leave a comment
 

Book Arrives

Even though I knew this day would come, it was still exciting to actually see our “Georgia Library of Family Law Forms” arrive. They actually had me do a formal “signing” (see photo). Finally seeing the finished product was so nice. But it also means now that everyone can read it, I have to be sure we update it and keep it current. There are already suggestions for updates that I have started on.

If you search for a family law form and it is not in the book, please let me know so we can consider including it, if appropriate for the book, in the updates (to order your copy, click here). I remain grateful to the attorneys and law clerks in our office and the publisher and their editors and staff who have helped so much to make this book a reality.

I hope you enjoy it and I look forward to your feedback.

Posted in Family, Family Court, Family Law, Judge, Lawyer, Legal | Tagged , , , , | Leave a comment
 

ABA FLS Brochure available now

The American Bar Association, Family Law Section’s Fall CLE Brochure is out and available on line (click here to view it). The seminar will be held in Law Vegas at the Encore (Wynn) Hotel October 26-29, 2011.

We have worked hard to develop an exciting and educational program. Topics include: “Saving a Stolen Childhood: How to Prevent and Resolve International Kidnapping Cases,” and “Diminishing Returns: Effects of Illness, Psychological Problems, and Addiction on Support Calculations”.

The speakers and program producers have worked very hard to organize and create this exciting program and we hope you will join us. Please pull up the brochure, sign up and join us. Again, click here for the brochure: BROCHURE.

Posted in American Bar Association, Assited Reproductive Technology, Attorney, Custody, Divorce, Family, Family Law, Lawyer, Legal, Visitation, alimony, assisted reproductive technology, same sex marriage | 1 Comment
 

Custody ruling against woman with cancer

I have recently been asked to appear on Headline News to discuss family law cases. One recent one is the woman who has cancer and lost a custody hearing (click here for a link to the video).

It seems like it was a really difficult case, but like all child custody cases, this one must have been, and likely was reviewed by the judge with the focus being “What is in the best interests of the children”. Like any case, it is easy to second guess. But the factors the judge likely focused on were those that affected the children and what would give them the best shot at good, stable futures. We must resist the temptation to judge the headlines and hope that if we ever need a judge to help determine our disputes, the judge will listen to all the evidence and do what is right, especially in the case of children. We can never know, but let’s hope this judge made the right decision and these children and this woman heals (and that the whole family heals).

Posted in Attorney, Child custody, Custody, Divorce, Family, Family Court, Family Law, High Profile Cases, Judge, Lawyer, Legal, Uncategorized, Visitation | Tagged , , , , | Leave a comment
 

Forensic Accounting in Family Law

I have been learning a lot about Forensic Accounting in Family Law lately. I have been to three or four seminars in the last few months across the country for accountants and business valuation experts. Boy is there a lot to learn. So perhaps the best tool is the one I received in the mail today from my friend Miles Mason. It is his brand new book “The Forensic Accounting Deskbook, A Practical Guide to Financial Investigation and Analysis for Family Lawyers” (read more about it, or order it, by clicking here).

Miles has a way of making complicated and complex ideas easy to understand. When we as divorce lawyers are confronted with numbers and tax issues and valuation concepts which may be foreign to us, we can now simply refer to this handbook. Of course I will almost always hire a forensic accountant as well, but knowing the jargon and the concepts is vital to understanding the issues and helping our clients.

I highly recommend this guidebook.

Posted in Attorney, Discovery, Divorce, Family, Family Court, Family Law, Financial, Lawyer, Legal | Tagged , | Leave a comment
 

Do you need a prenuptial agreement?

While prenuptial agreements aren’t for everyone, they are an absolute necessity for some people.  I cannot tell you how often I have someone sitting in my office surmising “I wish we had signed a prenup.”

As you may or may not know, prenuptial or antenuptial agreements, colloquially referred to as prenups, are generally contracts entered by parties prior to their marriage (or civil union in some states).  The substance of prenuptial agreements can vary, but typically they address the divorce issues of property division, property rights, liabilities, debts, and alimony.  A properly drafted prenuptial agreement should address the commingling of separate and joint property.  (Note, prenuptial agreements cannot address custody and child support, because the best interests of the children controls at the time of divorce.)

But how do you know if you need a prenup?  While I encourage you to discuss this question in confidence with a lawyer trained in this intricate area of family law, I think the following checklist of questions will help guide you in determining if you should have that discussion with an attorney.  If you or your future spouse answers “yes” to any of the following, a prenup might be appropriate for you:

- Do either of you consider yourself high net worth individuals?
- Do either of you have significant stock holdings, stock options, profit sharing, bonds, other investments, or cash?
-Do either of you own any real estate (including investment / rental property)?
-Are either of you a business owner?
-Do either of you currently earn more than $100,000.00 per year?
-Is there a disparate difference between your income / assets and those of your future spouse?
-Do you want your estate (or a part of it) to go to your children (and/or children of a former marriage) instead of your spouse?
-Do either of you have professional licenses or degrees?
-Do either of you have significant family wealth or expected future inheritance?

While this checklist is not intended as an all-inclusive list, it is one that should at least start the conversation with yourself (and perhaps your future spouse), about whether a prenup is appropriate.  Again, I encourage you to speak with an attorney who specializes in this area of law if it is something that you are considering or are on the fence as to whether or not a prenup is right for you.

Posted in Divorce, Prenuptial agreement, alimony | Tagged , , , , | Leave a comment
 

Forms book to be delivered any day

I am getting excited. The forms’ book “Georgia Library of Family Law Forms” which we have been working on for about a year is about to be delivered. The truck should arrive within a week or two and the first printed copies will then be available (for more details, or to order, click here).

The book is a great place to start if you are building your own set of family law forms or if you just want a resource “just in case”. It forced us to review all of our forms and to create new ones. If you do purchase the book and wish there was a form there which is not, please let me know and I will see what I can do. But it is fairly comprehensive for a first edition and I am very proud of it. Working with the publisher, editor and all of the staff (theirs and ours) has truly been a pleasure as we have all been dedicated to producing a high quality product. It is almost here and I am really looking forward to seeing it, and to hearing your feedback. Please don’t be shy and let me know your thoughts once it is out.

Posted in Uncategorized | Tagged , , , , , | 1 Comment
 

New DNA Testing Claims Paternity Can Be Determined ASAP

For years DNA testing could reveal the paternity of a child after birth. Then came pre-birth testing. Now comes DNA testing in the twelfth week of pregnancy. This is a game changer. Read the story by clicking here.

Conceivably now, a couple could learn the paternity of their child in the first trimester of pregnancy, when termination of the pregnancy is legal in most places. Just think of the issues this raises. If the pregnancy is the result of an extra marital, or extra relational encounter, does this make it more likely that a pregnancy will be terminated? What if technology and science progress to the point where paternity can be established “the morning after” or at one month of pregnancy?

And perhaps the ability to know who the father is, so early on, will encourage more mothers-to-be to tell their partner that there may be doubt about the paternity of their expected child. Or at least the mother-to-be could get a test with her paramour and hopefully exclude him as the father early on, thereby perhaps saving her relationship with her husband or significant other?

This new technology, if accurate, could change many lives and many relationships. Some say ignorance is bliss. This may be one such occasion?

Posted in Child custody, Family, Family Court, Family Law, Lawyer, Legal, Technology, assisted reproductive technology | Tagged , , , , , | Leave a comment