When my term as Chair of the Family Law Section of the American Bar Association ended in August of 2012 in Chicago, I thought that my travelling days were headed for a significant reduction. And I enjoyed the travel and the ability to meet family law professionals worldwide. Fortunately or unfortunately, in my year as Immediate Past Chair, I have travelled just as much (although certainly when my year as Immediate Past Chair ends this August in San Francisco, it will slow down significantly).
As an example of how the travel has continued, in this short year so far, I have travelled to Miami, Austin, New Orleans (twice), Mexico, Las Vegas and have plans this month and next to head to Alaska, Louisville, Memphis, Las Vegas, New York and Destin, FL (all except two are for family law events). But this, I know, is the end of the hectic two year travel schedule. It is flattering to be asked to come speak to a group in another state. To be flown in as “the expert”. And I have been able to practice law around and during these trips (it’s amazing what can be done remotely now that our office has gone to the “cloud”). But I look forward to spending much more time in Atlanta, practicing much more law and being with my peers and colleagues at home. And of course, even though my family has travelled with me on the majority of my trips, staying home will ensure even more time with them. The nice thing is I hope to be able to continue to travel, to meet new and old friends and colleagues across the country, but to appreciate those trips even more, as they will be fewer and farther apart.
But most importantly, my service to the ABA and my being available to organizations accross and outside the country has only been possible because of our wonderful attorneys and staff. We work well as a team and support each other. Our clients know there is always at least one other attorney involved in any case in which I am involved, in case of an emergency. So while it has been a pleasure to serve the ABA and to serve other groups trying to educate themselves and their peers about family law issues, it has been and remains even more of a pleasure and honor to work with the people in our firm. Yes there are tough times, days and cases, but it is truly a blessing to enjoy coming to work each day, and I do.
As written for my “Influencers” post:
Once a year I travel to meet with about 20 of the finest family law attorneys in the country. This is that week. I always learn something and gain an optimism after each yearly meeting that lawyers can make a difference. We deeply explore systemic problems and ways to fix them. We discuss helping individual clients as well as how to assist the legislatures and the courts to better understand the needs of individuals embroiled in family law cases. But most importantly, the sometimes very depressing work we do on a day to day basis looks and feels much more positive when we realize we all struggle with the same dilemmas. How to convince a client that settlement is better than court. How to explain to a client that even though their spouse cheated, the children still love them both and want them to get along. How to ensure they are financially protected without spending all their savings on discovery and other legal procedures. These are dilemmas. But I know that my colleagues are good, decent people trying their best to help. This is refreshing and inspiring. I respect them and am honored to be able to join them. And I look forward once again this year to being inspired and educated. I owe it to my clients to learn as much as I can to help them. And learning from experts from around the country is one of the best ways to do that.
Bar Mitzvah year, 2013
2013, a future has arrived. Just the name of the year, 2013, still sounds to me like a science fiction title. While the number 13 has to many been a symbol of bad luck, it seems that 2013 is starting off right. 2012 (not 2013) was, per the Mayans, to be the end of the world and the fiscal cliff dilemma seems to have subsided. But whatever your superstitions or concerns may be, it really is a time and chance to move forward. 13 is a magical number. It is the year a Jewish child becomes an adult through a Bar Mitzvah. It is the first “teen” year. And it is a brand new year for all of us.
Despite the instability in the Middle East and many other troubles worldwide, we have still avoided a world war, even though after the first one, barely twenty years elapsed before a second one arose. We have found ways to work together, despite so many differences. And in my profession, that is the key, both for lawyers and litigants. People who sue each other obviously have differences. But even in litigation, we are all human and owe each other the basic respect and civility which makes us human beings. There will always be those who battle for every last inch. And when pushed, even the mildest mannered lawyer can return the favor. But as lawyers, as counselors, we must stay on task. Seek our clients goals, while advising them competently during the process. Help them decide which goals are unattainable, or will only come at too high a price. We must give them good, reliable advice that will help guide them to make good, informed decisions. Variables include not just the financial cost of litigation, but the cost in terms of lost time, damage to relationships with children and actual damage to children which expands the longer litigation lasts. Yes this is our duty and if done well, can help families and society.
I remain proud to be in a profession which has the ability to help in so many ways. If practiced well, the profession of law can and should benefit us all. Without laws, without civilization, we lose our unique characteristics that make us human. Might becomes right, and we become like any other creature on earth. Laws are valuable, perhaps invaluable, but the manner in which they are enforced, argued and used, is up to us. And it is this duty, (the duty to act civilly and ethically) which can make the law work for all of us.
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.
In March 2012, Georgia, a state which may well be one of the very last to recognize gay marriage, will celebrate a first, the first legal seminar hosted by ICLE to focus exclusively on same sex issues (click here for the brochure).
This program will be a comprehensive and thought provoking one. The first discussions will focus on the initial consultation and issues to discover and raise early. The next panel will cover the status of gay marriage and civil unions in the United States, interaction between federal and state law regarding same sex marriage, the portability of marriage and (un)availability of divorce and rights and remedies not available to gay couples where marriage or civil unions are not recognized. They will also discuss recent notable cases.
Other panels will discuss alternatives to divorce (since divorce is not available to same sex couples in Georgia) and alternative legal theories to resolve disputes under Georgia law. The entire program should be highly informative and educational. Even if you, as a lawyer, do not practice in this area, isn’t it something you/we should all understand and know what the law, and legal paths available are?
I can’t wait to watch and learn and hope you will consider joining us as we discuss these issues that many of us try to figure out each day in our practices, on a case by case basis. And again, to view the brochure and date andtime information, please click here.
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.
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.
“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
Cuba! To exchange legal ideas with Cuban lawyers, in Cuba, how unbelievable! I am so fortunate to be able to help with 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.
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.
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.