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KS Family has always been a leader in remote working and cloud based services, so adapting to more use of Zoom, FaceTime and other audio and video conferencing platforms has been a natural progression. Our lawyers and staff continue to work remotely and in our two offices which comprise about 17,000 square feet, more than 1,000 square feet per lawyer.
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HLN (formerly “Headline News”) recently called me to help them explain/discuss the legal issues in a very interesting case about whether a “surrogate” mother is also a legal mother (To see the interview, click here: /video).
The case arose when a woman who could not have kids of her own agreed to have a child with a long time male friend. They decided to use a donor egg, his sperm and she would carry the baby. But when she gave birth, she was immediately served with papers saying that he was the only legal parent and would be raising the child with his male lover/partner. They even obtained a restraining order to prevent her from breastfeeding. We don’t know what documents were signed (but it was likely a “surrogacy” agreement disclaiming any rights to the child, probably thinking she was merely signing documents needed to get the donated egg), but no matter what, she was devastated. And the interesting legal point is: Is a surrogate mother a legal mother? What happened? What did she sign? Was she defrauded? Do the normal rules of contracts (meeting of the minds, absence of fraud) even apply, or should there be a higher standard to meet before the father can enforce such a contract. As of the time I was interviewed, the father had custody and the woman (should we call her the mother?) was suing to get rights to the children.
So why is this such a new thing? Because artificial insemination is only thirty years old. Before that there was no possibility of such a problem. And even then, it was all very controlled. Now that surrogacy and ART (Artificial Reproductive Technology) is becoming commonplace, this issue, and many like it are arising and challenging us. Law vs morality. Social values vs. strict contract terms. And that is where we as lawyers can help. Until the legislatures of the states and perhaps of the United States can predict and resolve all such dilemmas in advance, great lawyering and judging will have to get us through.
Double Duty, Quadruple Duty Family Law Day; Divorce Seminar, Child Abuse Seminar and 2 TV interviews (Kelly Rutherford Custody Case and Paparazzi and Divorce, and yes, it started with the Kate Middleton Story)
On Friday, September 14, 2012, in addition to working on client cases and matters, I had a full, quadruple duty family law day. I had scheduled a day without trials so that I could present at two very important programs. The day started out with my presenting as the lead-off speaker at our annual “Nuts & Bolts of Family Law Seminar” sponsored by the State Bar of Georgia, Family Law Section. I presented on “How to Present Your Case When Time is Short”. I think I was effective, and at least I finished on time, since going long would have been disastrous, given my topic. The program agenda can be viewed at: http://www.iclega.org/programs/8025.html.
As soon as I finished speaking there, I left to go Chair and speak at maybe the most important seminar I have ever been a part of (there were well over 200 people attending the “Nuts & Bolts of Family Law Seminar”, so I had to try my best to leave discreetly, but that was impossible). The program I then went to was called “Stewards of Children” and it was a training session to teach people how to prevent or help prevent, child sexual abuse. The numbers of sexually abused children astounded me. I thought I knew something about children and the issues they face. I had no idea.
The seminar was a success and everyone who attended was moved by it and motivated to do more. For information and full brochure: http://www.iclega.org/programs/8030.html
That was the “Double Duty”. Then came part two. As we went to break during the second seminar, I received a call from CNN/Headline News. They invited me to come comment on the Kelly Rutherford Custody case, where her former husband who now lives in France was just awarded custody of their two very young children. I agreed, studied up, and went over as soon as the “Stewards” seminar ended. As I walked over, the telephone rang again and it was CNN/Headline News. I thought perhaps my segment was getting cancelled. Instead it was another department asking if I could appear on the Jane Velez Mitchell Show to discuss paparazzi and celebrities, including Kate Middleton. I agreed, especially since I was on my way to their studios anyway. Without getting into much detail, it was a whirlwind of an afternoon. The bodies of the Americans who had perished in Libya at the Consulate attack had just arrived in the U.S. and Secretary of State Clinton and President Obama each gave speeches right when my segment was scheduled. Needless to say my segment was delayed for a while. But I can’t tell you how interesting it is to be there and to watch the news unfold. This happened once before as I was at CNN to discuss a custody case and right between my two segments, the news broke that Michael Jackson had died. I tell you, reputable news organizations like CNN/HLN work so hard. You should see the experts and professionals scrambling to ensure the news is accurate and that it is delivered quickly and professionally. They have to learn the story and then explain it to the world, all in a matter of moments, and they do and they do it well. AND IT IS A LOT HARDER THAN IT LOOKS! Imagine trying to learn all about ten stories you will cover in just one hour. Stories about the far east, the middle east, medical stories, celebrity stories, politics, weather, sports and other topics. No one can be an expert in every area, but they become experts in all of it. But I digress. I eventually made it from one interview to the next and enjoyed every second of it, including the last second changes, personnel changes and time changes. The first interview can be seen by clicking here.
So why do I feel good about all of this? I guess part of it is to be able to accomplish a lot of different things within a day. But as I think about it, I know I had a chance to help. On a day to day basis I hope I help my clients (and yes, I spent about four hours in the office on client matters to on Friday). But on this day, I hope I helped family law attorneys learn to present their cases more efficiently, other lawyers to be able to better help protect children from sexual abuse, and viewers across the country to better understand the custody laws and concepts as well as how travel and international diversity can affect court rulings. I didn’t do anything complex or change anything or anyone, but I did my little part, using the knowledge I have, to try to improve lives. And that made the day wholly worthwhile.
I was interviewed a lot in the last few weeks about the Tom Cruise/Katie Holmes Divorce. People Magazine, CNN (CNN International, Headline News, etc.) and others asked me about it. Maybe I am biased because I know and respect Katie Holmes’ lawyers Jon Wolfe and Michael Mosberg, but I consistently suggested it would be worked out privately and quickly (see my blog posted June 30, 2012). Not only because there were good lawyers involved, but because frequently, when there is a lot of money combined with potential for a lot of negative public publicity, cases resolve quickly. They make news when they don’t. This one reached resolution quickly, and that is of course, beneficial to their daughter. Bravo to the parties and the lawyers. That’s how cases should get resolved and hopefully this divorce will be a good example of why it is good to get it done quickly.
Tom Cruise is getting a divorce? Why is this news? Why is it interesting? Because he, superhero extra ordinaire, is going through what so many others have gone through, yet again. No one is immune. Perhaps that’s the appeal of the story? I learned about it Friday when CNN called and asked if I could comment on the “breaking news” that Tom Cruise and Katie Holmes were getting divorced. I didn’t have too much to add, except to say that rich or poor, famous or not, everyone should try to reach settlement of their own issues, and I am sure they will do their best to do that. And the path should be open to them. Jonathan Wolfe, one of the finest lawyers in the New York area is representing Ms. Holmes and I know he will do his utmost to resolve the matter amicably, while simultaneously representing his client zealously. And that, is the test of a true lawyer. To be professional and to obtain good results for his client. I am hopeful that the next public statements, or at least a future public statement from either party, will reference the efforts each has taken to resolve the matter out of court. I know good lawyers are crucial to the process and that may be the lesson. If you can afford one, get a good lawyer. Their job is to bring peace and resolution. Yes they are able to do battle when needed, but for good lawyers, that is always the last option.
The 30th annual Georgia Bar, Family Law Institute is this week in Amelia Island, Florida. There are already over 500 people signed up. This is the final seminar for my year as Chair of the Family Law Section in Georgia and I must thank Kelly Miles for putting together such an outstanding program. Click here for the entire agenda. The whole seminar is filled with Cutting Edge topics in Family Law, Hot Tips, case law update and a surprise speaker at the end. There will be ample opportunity not only to learn, but to network and meet other family law attorneys whom you may have litigated against, or with andothers who you certainly will meet for work in the future. Why not come to the program and try to meet them now, while you have no cases against them. It will make it much easier to handle cases together if you develop that relationship independent of any client directives or litigation which may make for a rougher start to a relationship?
I look forward to seeing those of you who have signed up and those of you who still may. Let’s learn and have fun together.