Divorce Law Journal

Barbie Humor

This jewel is from Kristin A. Schuler-Hintz, Esq. ,GORDON D. CRUSE, APLC of San Diego, who kindly granted permission to repost. While it is San Diego specific, I have seen a Louisville one recently, and have inserted the local corresponding neighborhoods. The attached graphics at the end are funny, too. I don't tell lawyer jokes and I don't listen to lawyer jokes, but I always am on the lookout for something on the light side around holiday weekends. As with much humor, there is surely something offensive for all.

Considering a Paperless Office?

Many of us have a goal of a paperless office. Evan Schaeffer's The Illinois Trial Practice Website has an interesting posting by Ernest Svenson on this topic. Despite his caution, he links to two good articles, Organizing Cases Electronically and Managing Electronic Case Files.

Plea For Work On New Resolution Opportunities

The Lexington Herald-Leader published AP coverage of the Nevada judge who was shot earlier this month. "Family Court Judge Chuck Weller, shot by a man who witnesses said was angered by the handling of his divorce, turned his first public appearance since the shooting into a plea to make family courts a less confrontational place."

"It is a place of raw emotion," Weller said Tuesday at a news conference at the National Judicial College. "As much as we try to avoid it, oftentimes there are winners and losers."

"What we need to do and what we try to do in the Family Court is come up with a resolution where there is neither a winner nor a loser, but it is inevitable in many cases," he said. "So we need to work on our resolution opportunities."

We will be all ears for the proposals. Our judges, lawyers, and litigants are very vulnerable in this arena of raw emotion.

Stepping Back From Anger

As client handouts go, The AAML's Stepping Back From Anger is the best for divorcing parents. The brochure is available for purchase at a nominal cost ($1 per pamphlet) online.

"Appreciative Intelligence" author Carol Metzker posted at Idealawg

Online Guide to Mediation reports that "Appreciative Intelligence" author Carol Metzker has posted at Idealawg, "where you can read more about this innovative approach to tackling difficult problems."

Divorce Law Journal and Workplace Prof Blog Review

Online Guide to Mediation is saying the nicest things about us. " I’ve described this excellent blog as one which offers "lucidly written, intelligent analysis" of legal issues, and I stand by that. This blog consistently delivers the goods. Although its Louisville-based author Diana Skaggs tracks Kentucky divorce and family law, her blog has a nation-wide scope, staying abreast of developments in these practice areas across the U.S. For American mediators who work closely with divorcing couples and families, this blog, published by a mediation-friendly attorney, is a must-read stop on the web."

The article was an update to its World Directory of Dispute Resolution Blogs, and included another Kentucky Blog, Workplace Prof Blog. "A member of the Law Professor Blogs Network and co-authored by law professors Richard Bales and Paul Secunda, this highly respected blog tracks and reports on developments in labor and employment law, including matters relating to alternative dispute resolution and the workplace, particularly arbitration. "

Rights of Noncustodial Parent to Care and Companionship of Child

The Arizona Family Law Blog reports and links to a 9th Circuit case ruling on the constitutional liberty interests a noncustodial parent has to the care and companionship to a child.
Update: Case digest from the Family Law Prof Blog.

Kentucky Law Blog: KATA to Form Domestic Law Section

Great news from the Kentucky Law Blog! The Kentucky Academy of Trial Attorneys is forming a Domestic Law Section. The organizational meeting will be July 11, 2006, 9:30 am at KATA headquarters. This section will fill a badly needed void in the professional development of family lawyers in Kentucky. No other family law organization has widely available trial skills seminars. The ABA has its great annual Family Law Trial Advocacy Institute, but there is room for only 30 students across the entire country. See Michelle Eisenmenger Mapes' posting about last month's Institute. The American Academy of Matrimonial Attorneys offers terrific substantive CLE and an Associate's Institute, but the requirements for membership are rigorous, the CLE expensive, and other than the one seminar in Chicago for newbies, little trial practice skill development is available. With the exception of exclusitivity, the same is true of ABA family law education. While the best domestic lawyers will always encourage settlement and work hard to settle cases, the fact is that some cases just have to be tried. It has always been my strong belief that if a lawyer is known as a good litigator, the client of that lawyer will fare better in settlement negotiations.

Kudos to KATA for branching into this much needed area!

Newest ADR Option Wins Converts, Suffers Growing Pains

Collaborative Counselors, ABA Journal, June,2006 discusses Collaborative law, and notes its greatest growth in the family law context. The most controversial aspect of collaborative practice is that if either party elects to go to court, both attorneys are disqualified. "Ultimately, as one of the parties, I can decide not to settle. I can choose to make my lawyer withdraw, but I can also make the other side lose their lawyer," says Christopher Fairman, associate professor of law at Ohio State University. "If I were an evil person, I could get all sorts of information from my spouse that otherwise would be very difficult to get, and then litigate."
Kentucky Collaborative Family Network, the Louisville collaborative group. believes this component must be in place to insure everyone stays committed to settlement. Sherrie Abney of Carrollton, Texas, says in the article, "When I used to do litigation, I'd say to my client that I would do everything to settle the case, but I would have to always be preparing to go to trial. It's a schizophrenic process. " The author of A Guide to Civil Collaborative Law, Abney adds, "In collaborative practice we are concentrating 100 percent on settling the case.
The Free Lance Star, Fredericksburg, VA published an article on the collaborative divorce model last Friday. It may very well become a client driven process.

Cybersleuthing

The Cybersleuth’s Guide to the Internet was presented by Carole A. Levitt and Mark E. Rosch, authors of a book by the same title, at the Louisville Bar Association last week. Their website, www.netforlawyers.com, has a number of online articles and has an email update. Even though the duo gave a similar seminar in Louisville in 2004, this one drew a nice crowd. The book came with the seminar, and it looks like a valuable law office resource.
Most of us must think we are proficient at using Google. There are many rich features of Google that I had not tapped, however: "I'm Feeling Lucky", "Search Within Results", "Google Toolbar", "Google Desktop" and using advanced search tips to access email discussion groups and listserves as well as to limit searches to powerpoint presentations and .pdf documents. The book addresses these as well as public records available online, composing better search phrases, finding experts, substantive legal research, government internet resources, and, of course, blawgs.
Update: If you are on a network, check with your network administrator before installing Google desktop. It was very nice, but my computer slowed to a crawl. I'll try again, but with some expert help.

Agency Accused of Taking Children From Biological Families

Valerie Honeycutt Spears wrote a detailed summary in the Herald-Leader of this week's legislative hearing in Frankfort on premature termination of parental rights.

LawReader Posts Quick Digests of Kentucky Cases

LawReader is now posting Kentucky Court of Appeals and Supreme Court decisions and a synopsis within hours of release. You must subscribe to access the full opinion and a complete digest, but the price is reasonable, especially in view of the numerous legal research tools it offers. Accessing the unpublished cases will likely become important if our Civil Rules are amended, as expected, to permit reference to them not as precedent, but for persuasion. Mike Stevens' site, Kentucky Cases, still has the fast, free posting of all the decisions online and summaries are posted soon. We intend to keep posting all Kentucky family law cases and a digest after they become final so our database is more useful to us in practice. Hopefully it will become useful to you, too. If you are interested in all Kentucky decisions, hot off the press, now you know where to find them.
In the nature of news, however, here are the family law cases released today, as posted on the LawReader blog:

" Court did not err in ordering spouse to compensate ex-wife for share of retirement benefits based on[QDRO]” assets pursuant to property settlement agreement."

"The family court erred by awarding the certificate of deposit to Justin instead of finding it to be a marital asset and dividing it in just proportions."

" Any agreement (regarding child support) which affects the best interest of a child is always subject to the approval of the court having proper jurisdiction of the parties."

Appointment of GAL Requires Notice and Hearing

Case Law Development: Appointment of GAL for parent in dependency action requires notice and hearing, from the Family Law Prof Blog. In states where there is statutory authority for a GAL in dependency cases, including Kentucky, this case may be inapplicable. But see our prior post on Guardians Ad Litem where there is not statutory authority.

Protecting Client Confidences and Public Speaking from Dennis Kennedy

Dennis Kennedy writes one of the most helpful law practice management blogs. He has a nice posting up about protecting client confidences, and another this week on public speaking. "1. Know your stuff, 2.Focus on what's really important, really novel or really interesting, and 3. Only speak on subjects you care about to audiences you care about. Number 3 is the most important. As important as knowledge and focus are, passion is even more important. I've seen nervous, tongue-tied speakers muddle through presentations extraordinarily well simply because they obviously felt very strongly and deeply about what they were saying -- so the audience made allowances. When people sense that you really care about and believe in something passionately, and want to convey that passion to them, they will go out of their way to pay attention."
Dennis was quoting from Dave Pollard's post on the ambitiously titled How To Save The World blog. While at first blush it appears to be a tree hugging site, there are well written articles from business to philosophy. There are so many wonderful blogs out there!

Slighly Drunk on the Internet's Thin Air and Why We Bother

The American Lawyer on the Web has a great article which we have linked. " The most compelling, cutting-edge, honest legal writing being produced in this country today is happening on the Internet, and the crop improves daily. From the fistful of judges (including Richard Posner) who maintain regular blogs, to the vast and growing number of law professors and law students who find the time to post daily, it's clear that the real bones and guts and sinew of the national conversation is happening online, and not in print."

The past: "Some legal writers have simply internalized the canonical rules of legal writing in general: Separate fact from opinion. Respect authority. Sedate is good, but boring is better."

The present: "Even better, law professors, who can be exceedingly cautious in print, sometimes become slightly drunk on the Internet's thin air. Whereas legal thinkers once limited their most serious scholarship to law review articles, occasionally nipping out into the dangerous world to write an op-ed, now many of them offer off-the-cuff observations about everything from partial birth abortion bans to their favorite CDs, several times daily. The blogosphere thrives precisely because it exists at the interstices of the ivory tower and pop culture. As a result, it's the most fertile ground for cutting-edge law talk."

I am eager to drop all those very costly and oh, so very sedate, legal subscipritons. RSS feed and a good online legal database is all I want to have. (Caution will delay eliminating Westlaw and all the treatises to which we subscibe, but there is hope!) Check out the entire article; you'll get an idea why we bother to blog and read blawgs.

BluegrassReport.org

BluegrassReport.org, a feisty Kentucky political blog is a "must read" if you are interested in local politics and the behind the scenes gossip in the judicial world. While I cringe when I read reports that paint unflattering pictures of some judges and our judicial system, it's about time there was a platform to air concerns that were whispered in the past, and if there is another side to the story, it will all come out in the discussion. The linked story about Governor Fletcher shutting down state employee access to BluegrassReport.org will be all over the traditional press. While many employers justifiably have good reason to prohibit blog browsing on-the-job, shutting down access to some and not other blogs does smack of intolerance to opinions other than one's (Fletcher's)own.

Continuing Family Law Education

The ABA Family Law Section has new CLE on CD:
Military Pension Division: Crossing the Minefield
Assisted Reproduction and Alternative Families
Family Law Attorney's Guide to Divorce Related Tax Issues
Discovery and Admissibility of Mental Health Records in Custody Disputes Disputes
Evidence in the Family Court Setting: Unique or Universal?
Ethical Issues in Representing Children in Custody Proceedings: Super-Parent, Potted Plant, or Something in Between?
The ABA Family Law Section also has some new books:
The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families
Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science

The Case For And Against Step-Parents

"Should Step-Parents Be Legally Equal to Parents? At first glance, most people would probably answer a resounding "no" to this question. However, a recent column in Time magazine by Po Bronson says stepparents should have the legal rights of parents -- though it doesn't specify if that means all the same rights, or a partial or subordinate set of rights. That column was inspired by a recent Supreme Court opinion in the State of Washington legally recognizing as "de facto parent" a lesbian who was the lifelong primary caretaker of her partner's child, who they had decided to have as a couple," from the South Carolina Family Law Blog.

It links to John Crouch's nice article in the Family Law News Blog where John discusses the negatives of continued step-parent rights and responsibilities.

U.S. Supreme Court : Confrontation Clause in Domestic Violence Cases

DAVIS v. WASHINGTON (Nos. 05-5224 and 05-5705) together with No. 05-5705, Hammon v. Indiana, on certiorari to the Supreme Court of Indiana, was handed down yesterday. The link is to the syllabus, which states the holding of the opinion by Justice Scalia is as follows:

1. The Confrontation Clause bars “admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had a prior opportunity for cross-examination.” Crawford v. Washington, 541 U. S. 36 . These cases require the Court to determine which police “interrogations” produce statements that fall within this prohibition. Without attempting to produce an exhaustive classification of all conceivable statements as either testimonial or nontestimonial, it suffices to decide the present cases to hold that statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary

Spyware and Wiretapping

CNET NEWS reports on a recent New Jersey divorce involving a counterclaim for wiretapping where a spouse installed spyware on the home computer. "This is hardly the first time computer monitoring claims have surfaced in marital spats. As previously reported by CNET NEWS.com, a Florida court ruled last year that a wife who installed spyware on her husband's computer to secretly record evidence of an extramarital affair violated state law."

A New Book Out on Collaborative Family Law

Read all about Pauline Tessler's new collaborative divorce book, Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move On With Your Life, on The Family Law News Blog, in a posting submitted by Pauline. It may fuel the demand for this divorce resolution model. In the Louisville area, we continue to grow our interdisciplinary collaborative law panel, KCFN.

What To Do When Mediation Impasse Occurs

Mediator Blah Blah links to a helpful UK site with suggestions on what to do in mediation when you "get stuck."

Father's Day : Parenting Pioneers

"Today’s divorced fathers pursuing substantial timesharing are pioneers," says Janet Langjhar of the Florida Divorce Law Blog. She links to a Miami Herald story reporting on the juggling divorced dads do in increasing numbers as they assume substantial custodial responsibilities. Check out the Miami Herald's moving video, Tribute to Fatherhood.

Kentucky Supreme Court Rules Same-Sex Mom Cannot Be Defacto Custodian Because She Was Not Primary Caregiver Under KY Statute

The same-sex custody case decided by the Kentucky Supreme Court is front page, headline news in the Courier-Journal. The Court of Appeals decision in B.F. v. T.D was digested here, and we will post yesterday's Supreme Court Opinion and a digest of it shortly.

Update: Here is the linked 7-0 Opinion of the Court by Chief Justice Lambert in B.F. v. T.D., 2005 SC 000557-DG.

Update: Brief for Appellant, Brief for Appellee, and Appellant's Reply Brief.

Update: I have decided not to digest this case just yet. It is not final. It is a short opinion that has been digested many other places on the web. You can read the opinion at the link above. The facts have already been posted here. I will wait to follow all the discussion and any motions that may be filed, and then we'll talk about what it means not only for same-sex parents, but grandparents and others who consider themselves to be defacto parents.

Blonde Justice Includes Louisville Divorce Same Sex Marriage Post in Blawg Review #61

"A lucidly written, intelligent analysis of the legal issues implicated in the debate over same sex marriage on Louisville Divorce" caught my eye at Online Guide to Mediation. That led to the site hosting this week's Blawg Review #61, Blonde Justice, where our posting Same Sex Marriage Issue in Congress, Again was included as part of the review of the week. Don't you have to love a name like "Blonde Justice"? And, when writing about such a divisive and emotionally charged issue as same-sex marriage, especially in a state that quick-triggered a constitutional amendment, I can't tell you how good it feels to have someone call the analysis "lucid" and "intelligent."

Same-sex issues have been posted frequently here, but not for ideological reasons; I'm as straight as straight can be. The definition of family is evolving, however, and it is highly important that society consider the numerous types of families that are raising children, and that our law protect both partners in these relationships as well as their children. And, these issues are in the news constantly. Glad others outside the state appreciated the message.

It will be fun taking future looks at the Blonde Justice Blog as well as her collaborators on the Blawg Review, Woman of the Law and Not Guilty.

Finally, we'll be hosting Blawg Review on November 27, 2006. We're looking forward to having all our planned work in place well before then, and making the Blawg Review over-the-top outstanding (or at least as great as a blawg which will be nine months old at the time can be)!

Searching Federal Government Websites

Find useful tips on searching federal gorernment websites, from the Indiana Law Blog.

Parental Abduction of Children

Indiana authorities made a tragic decision in failing to promptly issue an Amber Alert for the abduction of Collin Walker who had been abducted by his father at gun point. According to an Associated Press article in the Courier Journal, Indiana does not allow Amber Alerts when a child custody case is pending. No one will know whether an Amber Alert would have prevented Collin's murder, but this policy should be immediately changed.

Many children who are kidnapped are abducted by a parent. Just as we know domestic violence is likely to escalate at the time of separation or divorce, it is common sense that children would be more vulnerable to abduction by a parent during the pendency of a divorce or custody proceeding.

The Amber alert system appears to be very successful in locating abducted children when it is initiated quickly. When a child remains missing resources which may be helpful to attorneys include the ABA Center on Children and the Law publications, The National Center for Missing and Exploited Children, The U.S. Department of State, and Hilton House.

HIPPA and Family Law

Divorce and family lawyers often encounter HIPPA issues. The United States Department of Health and Human Services has useful information on its website. Even better, Louisville Bar Association members have access to forms for subpoenas, deposition notices, model cover letters for authorizations, and forms for release of psychological records on its website, written by H. Phillip Grossman. It's worth the price of membership just to have these templates.

Dad Sues To Block Son's Circumcision

That's the headline from the Chicago Sun Times this week. "The divorced couple is embroiled in a bitter fight that will see national experts flying in to testify before a Cook County judge. Their battle reflects a national debate on circumcision -- a procedure that has dropped in popularity in the United States over the last 25 years."

Rather than spending a fortune on litigation and putting this before a surely overworked judge who could really be helping many other families, it's a shame the parents can't either be forced to learn some conflict resloution techniques or have the judge limit the hearing to who should have health care decisionmaking authority. No circumcision decision coming from a judge will be in the child's best interest and making national news adds insult to injury. Poor kid.

Sponsor of Immigrant Spouse May Have to Make Good on Financial Affidavit of Support

Sponsor of immigrant may have to make good on affidavit of financial support from FlaDivorceLawBlog.

Till Debt Do Us Part

The San Francisco Family Law Blog reprints an article from Gannett, Till Debt Do Us Part. "Which financial issues most often cause strife? Spending too much and saving too little, according to couples who responded to a USA TODAY/CNN/Gallup Poll in March....Making matters worse is that couples don't talk much about money before committing to each other. Nearly two-thirds of married couples who responded to USA TODAY's poll said they talked little or not at all before the wedding about how to combine their finances."

That is part of the reason the AAML has launched its Forcus On Forever initiative. This 43-page workbook is designed for those entering long term, committed relationships, to develop skills needed for success. Created with Academy Fellows, along with two nationally recognized psychologists and a CPA-CFP. it includes vignettes, exercises, budget worksheets and suggested readings. It's available for purchase though the AAML for $11.50.

Safety Of Our Family Court Judges

Before we had a Family Court in Jefferson County Kentucky, while Judge Ellen Ewing was Chief Circuit Court Judge, airport style screening was adopted at the courthouse. I remember thinking how fortunate we were for her foresight to push for such expensive screening before a catastrophe occurred. Most administrators won't stick out their necks for the big bucks until someone is dead. The new Judicial Center was built with even better security in mind. As the details of the Nevada shooting are still unraveling it is not clear what security was in place to protect the judge. Check here for updates on that tragedy. Disputes in court are predictably volatile. We must fund state-of-the art security for our judiciary.

Update: If there is any doubt how much passion and venom against family court judges is out there, and how serious the risk is to judicial safety, check out Art of Divorce and it's story Shot Reno Family Law Judge Accused Of God Complex which links to an AP story in Las Vegas Sun.

State Constitutional Amendments Banning Same-Sex Marriage May Impact Domestic Violence Statutes and Unmarried Women

From The Family Law Prof's Blog: Commentary: Do State Constitutional Bans on Same-Sex Marriage Impact Domestic Violence Statutes and Unmarried Women?
and
Another Ohio Appellate Court Holds Domestic Violence Statute Unconstitutional under Ohio's Defense of Marriage Amendment

Divorce and Family Law Case Update

From the Family Law Prof's Blog, the following new law from around the U.S.
Removing Child from Person With Whom Child Has Strong Attachment but No Legal Rights is Not Abuse

Nebraska upholds grandparent visitation statute

Forum Non Conveniens

Missouri Legislation Decriminalizes Homosexual Activity - Attorney General Says Lesbian Foster Care Controversy is Now Mootand UCCJEA Jurisdictional Questions Require Hearings

Digital Footprints

Sprint's new Family Locator and the Verizon Chaperone sell phone locator feature being launched today are discussed in the Legington Hearld-Leader. "Among the unresolved legal issues: Should disclosure of location data require the high legal barrier now surrounding wiretaps, or the lower legal barrier for less intrusive information, such as what numbers a person has dialed? Should private parties, such as spouses involved in a divorce, have access to location data?"

Move Away Cases; Relocation Remains Such a Problematic Area of Family Law

After many years of study, The American Academy of Matrimonial Lawyers published a Model Relocation Act, for consideration by state legislatures in 1997. Shame on us for waiting on our courts to adopt on a case by case basis standards for removing children from the locale of a parent. We need to get this into the hands of all our senators and representatives and urge its priority for consideration. While shaping the law on appeal is great fun for advocates, too many interested, good, and willing parents in our mobile society will never be able to raise their children as we flesh this out over decades in the appeals courts. It's time for legislative action.

Blawgs Are On A Roll

From The American Lawyer On The Web, Blawgs Are On A Roll. "Opinions are all over the map. But the conversation is almost always precise, thoughtful, respectful, and responsive: a respite from the screaming and fist-shaking that goes on in the rest of the blogosphere. And no one is charging a dime for it."

Family Court Judge in Reno Nevada Shot in Courthouse

Here's the breaking news story from CNN. We will update and comment as story develops.

UPDATE from msn.

Representing Children: A Resource

Steven Kriegshaber, Louisville attorney, and a past president of the Kentucky Chapter of the AAML, serves on the national AAML Special Concerns of Children Committee, and helped author a publication, REPRESENTING CHILDREN: Standards for Attorneys & Guardian Ad Litems in Custody or Visitation Proceedings. Published several years ago, it advocates that GALs not make recommendations to the court. As with all AAML publications and positions, much study and deliberation uas undertaken before it was released. He also wrote "Representing Children in Divorce Litigation,'' The Advocate, July/August 1997 . The AAML publication remains available for purchase online. The cost? $10.

Interdisciplinary Practice

Family law may be suited for interdisciplinary practice firms, and frankly, I am surprised no one has pushed the envelope to form mutually owned entities in this field. Wouldn't it be helpful to have a financial planner or CPA in the office next door to help with every tax and support issue as it arises? We see good people at the worst time in their lives. A mental health partner could be tapped for coaching to separate the business side of divorce from the grieving process. Law.com reports :UK Bill Predicted to Cause Shake-up of Global Legal Services. Before the Enron and Arthur Anderson scandals, large firms in the U.S. were tiptoeing into the arena of interdisciplinary practice. Expect the dialogue to begin again if this bill passes in the UK. And, what is it with England that so much avant-garde thinking in the law is going on there?

Ethical Issues in Representing Children in Custody Proceedings

Register Online for the 90 minute ABA Teleseminar, "Ethical Issues in Representing Children in Custody Proceedings," June 13, 2006 at noon Eastern time.

Guardians ad Litem

Magaret Dore's article, Court Appointed Parenting Evaluators and Guardians ad Litem: Practical Realities and an Argument for Abolition, makes a good case for such professionals not providing opinions on the ultimate question to the court. In Kentucky divorce cases, there is no authority for the court to even appoint a GAL, of which I have ever been persuaded, yet it is done all the time. (Comments disagreeing are strongly encouraged. If I am unjustly criticizing the status quo, I will be the first to set the record straight.)

Adding to her reasons stated in the article, in an online discussion, Margaret said, " Also, I want to clarify, that I would not abolish an "attorney" for the child in the appropriate case. But the evaluators and best interests attorneys are essentially "mini courts," without the procedural protections.

Another way to look at it. Your own self-interest as a middle-aged to older person with money. If we do not get rid of these court surrogates in child custody, we risk facing them ourselves in the guardianship arena (railroad to guardianship/conservatorship--I see it all the time)."

Thanks, Margaret for permission to print and comment. Read on for a summary of Margaret's suggested objections to such appointments. While not KY specific, you'll get the idea.

New Feed, New Name

As you will notice, this blog has a new name, as our content has expanded beyond Louisville and Kentucky. In the process of many behind-the-scene upgrades, our old feeds failed. Please resubscribe (or subscribe if you haven't already) to the RSS feed. There is a new URL, too: http://DivorceLawJournal.com, but the old URLs still work as well. Sorry for the inconvenience, but if a promise to fix the problem were made, there's no telling when you'd be receiving new postings. Although the name and feed are new, there will be no diminishment in the reporting on Kentucky divorce and family law.
Update: A big thanks to Mike Stevens for getting the word out in The Kentucky Law Blog that readers will need to resubscribe to our feed.
Second Update: The old feed may actually be working again. Bizarre.

The Bionic Lawyer Institute

Posted by Michelle Eisenmenger Mapes

I have now been back in Kentucky for just under two weeks, having returned on May 27th from an eight day seminar in Houston, Texas. I think I am almost fully recovered. A friend of mine has referred to this trip a few times as a “vacation,” and each time he has received a swat to the head or upper arm. “Vacation? Vacation???!!!!” I yelped with each swat. “I worked harder during those eight days than I have since I studied for the bar exam, and experienced nearly as much anxiety!” Never having been on stage in a courtroom, he remains unable to empathize. He has learned, however, to avoid the swat by not using the word “vacation” in connection with the seminar.

Do not misunderstand me. The experience was more than worthwhile, extremely beneficial, and after the first few days, even had strains of fun. I will describe this in greater detail below. Nonetheless, it was less like a typical business convention and more like legal boot camp. One of the faculty members, my fantastic group leader Ken Lester, warned me before the Institute began to “leave my ego at home.” Me? Ego? Pshaw. Okay, well, maybe a little (like most attorneys, I think!) Nonetheless, I thought I heeded his advice—I have always known that the law can feed even an insatiable appetite for knowledge, so there is always more to learn. However, one aspect of that admonition escaped me. Not only did Ken mean “be prepared to learn from some of the best lawyers in the country (the faculty),” but also, “be prepared to have three of those lawyers and seven of your colleagues watch your courtroom performance, voice objections to your examination questions, and critique your performance, all while having a video camera trained on you, then to watch the videotape in another room with another member of the faculty, who will provide further critique.” If your reaction to that is not a cringe or worse, then I haven’t effectively described it.

Parental Relocation

Click for more discussion of parental relocation on The South Carolina Family Law Blog.

Mindmapping

The mindmapping tool is discussed, and a link provided to a demo, in Online Mediation. Denver's Steve Harhai presented mindmapping at a LBA/AAML seminar a few years ago.The possibilities of mapping case information and issues are endless, and at the time I thought it was something we should explore. Sorry to say, other new, cool matters intervened, but it does seem particicularly well suited to the mediation arena. I would love for some geeky mediatior to try it in a case locally. Know any geeky mediators?

Electing Judges is Not Wise

From the Indiana Law Blog, "Electing Judges Is Not Wise", which links to an interview with former Justice Sandra Day O'Connor. She's preaching to the choir here.

Alternative Dispute Resloution: Rock, Paper, Scissors

Online Guide to Mediation reports a new alternative dispute method (can this be a joke?) used by a federal court in Florida. The order directs that "counsel shall engage in one (1) game of "rock, paper, scissors." The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006." No doubt we will hear whether the dispute was settled in this manner.

Kentucky Domestic Relations Practice, First Edition

The UK Office on Continuing Legal Education has just published the first edition of Kentucky Domestic Relations Practice, and it looks to be a beauty. Its 16 chapters are authored by many different Kentucky family and divorce law attorneys and judges. We are fortunate to have it hot off the press because Michelle Eisenmenger Mapes wrote the chapter on appellate practice. Other chapters are written by Anita Britton, William L. Hoge III, Lucinda Masterton, Leslie Kennedy, Donna M. Bloemer, Carol E. Jordan, Lisa J. Sutton, Claire M. O'Laughlin, Steven Kreigshaber, Hon. Stephen M. George, Melanie Straw-Boone, Delores Pregliasco, Jesse A. Mudd, Laurel S. Dohney, Wynter Reneaux Colllins, Sandra Mendez Dawahare, Suzanne Baumgardner, Hon. Jo Ann Wise, Bruce A. Rector, Glen S. Bagby, and Jason R. Sowards.
Speaking of Michelle, look for her inaugural post on this blog soon, as she reports on the Houston ABA Family Law Advocacy Institute.

From Across the Pond: Till Lawyers Do Us Part

The conversation across the pond is fascinating, as the UK considers cohabitants' rights upon dissolution. You'll enjoy the Leeds Today article which opens with a quote from a spouse in a 78 year marriage, "We rarely see eye to eye and we have an argument every day." It continues, "The proposed changes in law mark a significant shift in the way society now regards partnerships, family life and duty or responsibility to committed relationships. It reflects the fading to invisibility of that already blurred picture of the nuclear family, together whatever. Individual ambitions, changing minds, wish-lists and whims have well and truly overtaken vows made before God and public witness. It may not have arrived yet but the day when "Till death us do part" is no longer an option is now clearly visible on the horizon...which further baffles Frank and Anita Milford.
"If Anita doesn't face me when she's talking to me, I find it hard to hear her. If she's got the television on, I can't hear her at all! But that comes and goes, and we're always there for each other...." which is just as it should be.