High Profile Cases
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.
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.
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, to Asset Recovery Specialists in Las Vegas, 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.
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.
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).
Our country seems fascinated with the family lives, especially divorces of celebrities. Perhaps that is because we see celebrities as role models or who we often aspire to be. Thus it is interesting to see how famous people act, or react in situations that many of us non-celebrities also face.
The Lopez/Anthony divorce just happens to be the most current celebritiy divorce. What is interesting to me is only that it is so interesting to everyone else. All major news organizations reported on it immediately, even though there was really nothing to report. Perhaps it is that we romanticize our celebrities. We want their marriages to work since they are who we aspire to be?
Celebrities have many issues the average person will never have to face (crazy visitation schedules, nanny issues and significant asset division and/or support payments). But ultimately, celebrities are like anyone else. They get their feelings hurt, they have pride and they sometimes feel a need to “win” almost as if that is an achievement. But most often, they ultimately realize that it is best to put the legal process behind them and to resolve matters. Using lawyers to do their communicating often has its limits and almost always, celebrities figure out what they want to do and then tell their lawyers to “make it so”. They are used to controlling their own destiny and often more confident than the average person in their own decisions. After all, their own decisions got them where they are.
There are also many celebrities who meet with us (divorce lawyers) and never file anything. When they finally do make the decision to seek a divorce, they usually know what they want and are ready to make a deal. It would not surprise me if Jennifer Lopez and Mark Anthony, like many other famous couples, had already investigated the process for a very long time and had a good idea of what the outcome should and would be long before one or both of them made the decision to end the marriage.
And the way they handled it is the way it should be done. A joint statement like they have done letting the world know they are mature enough to handle it privately for the sake of their children is wonderful.
When two wealthy people fight, judges often are more upset. Every day in Family Court, judges see regular people scraping to survive and raise their children every day. It seems Ms. Lopez and Mr. Anthony recognized this and it is admirable that they have resolved matters outside of court. That is how it should always be done, in my opinion and I hope others will follow their example, if they decide to divorce.
The Georgia Supreme Court of Georgia has just changed it’s “pilot project” rule regarding discretionary appeals for domestic relations cases. This process, which has been a “pilot project” for about ten years, is now more formalized. To view the Court’s Order, click here..
The Family Law Review issued a bulletin which summarizes it well (which can be accessed by clicking here). Take a look, and those of you who practice law in Georgia, please review it carefully. Most importantly, let’s be sure we do not abuse this wonderful opportunity the Supreme Court has given us to help clients in need, those who have a meritorious basis for appealing. The court has entrusted us with discretion to not overwhelm the Court with non-meritorious appeals. Let’s oblige.