What If Lawyers Had Written the Ten Commandments?

_DSC4851Here’s a few clever quotes about the learned and noble profession of law:

1. Imagine the appeals, dissents and remands if lawyers had written the Ten Commandments.
Harold Bender, Theologian

2. LAWYER: A professional advocate hired to bend the law for a paying client; for this reason considered the most suitable background for entry into politics.
The Cynic’s Dictionary

3. In the Halls of Justice, the only justice is in the Halls.
Lenny Bruce, Comedian

4. My daddy is a movie actor and sometimes he plays the good guy and sometimes he plays the lawyer.
Actor Harrison Ford’s son

5. Lawyers are: Those who earn a living by the sweat of their brow-beating.
James Huneker, American composer and music critic

6. The ideal client is the very wealthy man in very great trouble.
John Sterling, British author

7. A lawyer is someone who writes a 10,000 word document and calls it a “brief”.
Franz Kafka, German novelist

8. He who has said “Talk is Cheap”, never hired a lawyer.
Author unknown

9. Lawyer’s Creed: A man is innocent until proven broke.
Author unknown

10. Be frank and explicit with your lawyer….It is her business to confuse the issue afterwards.
Author Unknown

11. Make crime pay. Become a Lawyer.
Will Rogers

12. I’m trusting in the Lord…and a good lawyer.
Oliver North

Is there anything nice anybody has ever said about lawyers? God Bless Abraham Lincoln:

“Discourage litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker a lawyer has a superior opportunity of being a good person. There will still be business enough.”

Lawdiva aka Georgialee Lang

DISBARRED- The Series: Roy Cohn

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Roy Cohn was a Jewish lawyer from the Bronx who gained fame and later notoriety as chief counsel to Senator Joseph McCarthy in his investigation into Communist activities in the 1950′s. Son of a judge and graduate of Columbia Law School at the age of twenty, Cohn had to wait until he was twenty-one to begin his legal career as a prosecutor in the Department of Justice offices in Manhattan.

Cohn worked on the Alger Hiss trial, an American lawyer, accused of being a Soviet spy, and was on the team of prosecutors who obtained espionage convictions and the death penalty for Soviet spies Ethel and Julius Rosenberg in 1951. Cohn often told others that it was his cross-examination of Ethel Rosenberg’s brother that sealed the convictions. He also bragged that it was his personal recommendation to the judge that the death penalty be imposed on the Rosenberg’s.

In 1954 Edgar Hoover of the Federal Bureau of Investigation chose Roy Cohn over Robert Kennedy to act as chief counsel to Senator Joseph McCarthy, the decision apparently made to avert any accusations of anti-Semitism. Several years later McCarthy and Cohn were investigated for the zeal they employed in the McCarthy hearings, including their condemnation of both communist sympathizers and homosexuals. Cohn bore the brunt of the criticism, while McCarthy’s career lay in shambles.

Cohn left the Department of Justice and went into private practice for thirty years, acting for high-profile clients such as Donald Trump, Mafia figures Tony Salerno and John Gotti, Studio 54 owner Steven Rubell, the Roman Catholic Diocese in New York and the New York Yankees Baseball Club.

In the 1970′s and 80′s, federal investigators charged Cohn with professional misconduct, perjury, witness tampering and financial improprieties involving city contracts and private investments, but he was never convicted.

However, in 1986 a five member panel of the New York Supreme Court Appellate Division disbarred Roy Cohn for unethical conduct, misappropriation of client funds and pressuring a client to amend his will. The “will” incident happened in 1975 when Cohn attended upon a dying, comatose, multimillionaire client in hospital; lifted his hand, placed a pen in it and had him make a mark on a will that benefitted Cohn and his client’s granddaughter.

The official stripping of his license to practice law occurred in the last month of Cohn’s life in August 1986 at the age of 59. Mr. Cohn was diagnosed with AIDS in 1984 but kept his illness a secret. It was reported that Mr. Cohn’s goal was to die completely impecunious, owing money to the U.S. tax authorities. He apparently succeeded.

Roy Cohn’s life and legacy survives in today’s popular culture. In the award winning “Angels in America”, written by Tony Kushner, Cohn was played by actor Al Pacino as a hypocrite haunted by the image of Ethel Rosenberg as he lays dying from AIDS. Characters modeled after Roy Cohn have also appeared in The Simpson’s, The X-Files, a Kurt Vonnegut novel and a song written by New Yorker, Billy Joel.

Lawdiva aka Georgialee

Celebrities With Law Degrees

GEO CASUALLots of people have law degrees but never practice law, or they work as a lawyer for a short time and then start a new career. There are dozens of career politicians and writers who left the law to pursue other ambitions.

There are also well-known celebrities who obtained law degrees before they became actors, singers, TV personalities, or authors. Some of the more surprising include:

1. JERRY SPRINGER

Yes, the guy with the trashiest talk show on television graduated from Northwestern School of Law in Chicago, before he began his political career (Mayor of Cincinnati, Ohio) or became the number one news anchor in Cincinnati, winning ten Emmys. He has hosted a variety of other shows, including “America’s Got Talent” and is the subject of “Jerry Springer The Opera” which opened to good reviews in the United Kingdom, won Best Musical in London’s Westside and has been performed in the U.S., Canada and Australia. There is reportedly 8,000
obscenities in the show and it is rife with profanity.

2. JOHN CLEESE

Cleese, one of the funniest comedic actors, best known as part of the Monty Python troupe and the harried innkeeper at Fawlty Towers, obtained his law degree from Cambridge. His writing, directing, and acting credits are prolific. Fawlty Towers was named by the British Film Institute as one of Britain’s Top 100 British Television Shows.

He remains active with TV and film projects and in 2010 went on the road with his “Alimony Tour”, ostensibly to earn extra money after his expensive divorce from his second wife, who was a psychotherapist. In 2013 Cleese toured Canada with his “John Cleese: Last Time to See Me Alive” show, which played to sold-out audiences and critical acclaim.

3. ANDREA BOCELLI

Everyone’s favorite opera singer earned his law degree at the University of Pisa and practiced law for one year before he launched his extraordinary career in opera. Born with limited eyesight he lost his sight completely at the age of twelve. Bocelli has sold millions of records and performed all over the world. His early mentor was Luciano Pavarotti and Bocelli sang at Pavorotti’s second wedding and at his funeral.

In 2010 he received a Star on the Hollywood Walk of Fame, an honour that pales in comparison to the accolades he has received from numerous countries, but particularly his home country of Italy. He made his debut at the Metropolitan Opera in 2011 performing a recital of operatic arias. While popular with the public, opera critics have been less than kind to Mr. Bocelli, slamming his poor technique and shaky breath support.

4. JULIO INGLESIAS

Spanish singer Julio Inglesias, father of pop star Enrique Inglesias, attended law school in Madrid in the 1960′s. He has had a superlative career, producing 77 albums, recorded in 14 languages, selling over 300 million records.

His awards, honours and prizes are too many to list. According to Sony Entertainment, he is one of the top 30 recording artists in the world. In 2012 he performed a concert in Equatorial Guinea where tickets were sold for $1,000 each.

5. HOWARD COSELL

Legendary sports broadcaster Howard Cosell obtained his law degree from the New York University of Law and practiced as an employment/union lawyer in Manhattan. His clients included high-profile athletes including Willie Mays. Cosell was involved in Little League baseball and agreed to do a weekly radio show featuring these young athletes. He did the show for free for three years and then obtained a sponsor to entice ABC Radio to give him a sports talk show, which was the launching pad for his career as a sports journalist.

His relationship with Mohammed Ali brought him greater fame and fortune and he became a fixture on Monday Night Football.

Cosell was the first to admit he was arrogant and obnoxious and took pride in his nickname “the mouth that roared.” He died in 1995.

Lawdiva aka Georgialee Lang

Guest Post: The Era of the “Green Rush”: Is Legalized Marijuana a Fiscal Bonanza?

As of January of 2014 there are still only two states of twenty American states that have legalized medical marijuana that also permit recreational use as well; Colorado and Washington. These two states, in many ways, will set the stage for other states that are hesitant to embrace legalized recreational marijuana.

Early reports from Colorado indicate that state is generating a successful tax revenue stream since the so-called “green rush”, however, not everyone is sold on the idea of marijuana being widely available to adults, and more available to teenagers.

The marijuana “green rush” is about the thousands of inventors, investors and John and Jane Doe Public buying into the marijuana industry. In states where marijuana is not regulated the revenue that is generated is through the underground marijuana market which provides no fiscal benefit to government coffers. With a fully regulated system, states could see millions of dollars in new revenue, not to mention increased sales from consumers purchasing new inventions and devices created to make the smoking experience more pleasurable. [1]

This boost in the Colorado economy can also help create jobs and new sources of revenue, a significant motive for legislators in other states to consider. In 2012, the Colorado Center on Law & Policy made predictions on the possible financial impact that recreational marijuana could make saying, “the passage of Amendment 64 could be a boom for the state economy. Marijuana legalization would produce hundreds of new jobs, raise millions for the construction of Colorado public schools and raise around $60 million annually in combined savings and revenue for Colorado’s budget.” [1]

Predictions on the potential revenue to be earned in Colorado is on target as sales began in January of 2014. During the first week of retail sales, marijuana dispensaries earned and exceeded the $5 million mark. [2] The state has projected annual sales to reach around $600 million, and estimates $70 million in tax revenue.[2]

The legalization of recreational marijuana is still a hot topic in which supporters and opponents have battled back and forth in regards to the pros and con, especially the message it sends to adolescents and young teens. Critics of Amendment 64 are fearful of the potential greater access that legalized marijuana could have on teens. (Lyman, 2014) [3]

For years, lawmakers have claimed marijuana is not only a harmful drug but one that can lead to a harder drug use over time. There have been serious flaws in both these theories as no study has concluded that marijuana is more dangerous than alcohol. In fact, studies have found the opposite, concluding that marijuana is safer than alcohol and tobacco and has statistically less health endangering consequences. [1]

Many parents are also on board with marijuana regulation and agree it would be better if their teens were getting the drug from a safer source such as a dispensary, if they choose to use marijuana in the first place. Regulatemarijuana.org is a website dedicated to campaigns that support marijuana regulation and is supported by parents, and even former police officers in Colorado.

Dr. Erika Joye, a nationally certified school psychologist working with the campaigns quotes, “Marijuana prohibition is the worst possible policy when it comes to keeping marijuana out of the hands of teens. If we do not regulate marijuana across the board, we are guaranteeing that sales will be entirely uncontrolled and that those selling it will not ask for ID. We are also forcing consumers into an underground market where they are likely to be exposed to other, more harmful products.” [4]

It is clear that Colorado and Washington are setting the stage for the rest of the country, with the New York Times predicting that Oregon and Alaska will be next.

Sources:
[1]Ferner, M. (2012, August 28). Why marijuana should be legalized: ‘regulate marijuana like alcohol’ campaign discusses why pot prohibition has been a failure. Huffington Post. Retrieved from http://www.huffingtonpost.com/2012/08/28/why-marijuana-should-be-legalized_n_1833751.html
[2]Ferner, M. (2014, January 8). Colorado recreational marijuana sales exceed $5 million in first week. Huffington Post. Retrieved from http://www.huffingtonpost.com/2014/01/08/marijuana-sales-colorado_n_4552371.html

[3]Lyman , R. (2014, Feb 26). Pivotal point is seen as more states consider legalizing marijuana . New York Times. Retrieved from http://www.nytimes.com/2014/02/27/us/momentum-is-seen-as-more-states-consider-legalizing-marijuana.html?_r=0

[4]Unknown. Moms and dads for marijuana regulation post yes on 64 billboard . (2012, June 28). Retrieved from http://www.regulatemarijuana.org/news/moms-and-dads-marijuana-regulation-post-yes-64-billboard

This article is a guest post by BRENDA ABBOTT, Executive Assistant at Saint Jude Retreats, an alternative to traditional substance use treatment. Saint Jude Retreats provides a program for people with substance use problems that concentrates on self-directed positive and permanent change. Saint Jude’s offers the opportunity for individuals to self-evaluate and explore avenues for life enhancement. Brenda enjoys doing research and writing articles, spending time with her family, and is currently beginning to write her first book.

Lawyers Behaving Badly

49afd8240a58bf0fb97d4a86105572c1I’ve been told that sociopaths have three favorite occupations: practicing law, running large companies/CEO’s or holding government office/politicians! It’s a joke, but I’m sure more than a few people would agree. This week two “bad” lawyer articles came to my attention, thus my title “Lawyers Behaving Badly”.

The first is Fort Wayne Indiana lawyer James Allen Hanson, age 41, who in a fit of pique penned a Facebook message to the ex- husband of his matrimonial client, Nachole Mevis. Hanson was acting for her in respect of her divorce and in regards to an assault charge she faced where her former husband was the victim. It’s not clear why Mr. Hanson was so riled up, although media reports indicate his client was in jail for domestic assault. The message he sent read:

“You pissed off the wrong attorney. You want to beat up women and then play games with the legal system…well then you will get exactly what you deserve. After I get Nachole out of jail. I’m going to gather all the relevant evidence and then I’m going to anal rape you so hard your teeth come loose. I tried working with you with respect. Now I’m going to treat you like the pond scum you are. Watch your ass you little (expletive). I’ve got you in my sights now.”

Ms. Mevis’ former spouse, Chad Vice, contacted the police and attorney Jim Hanson was arrested and charged with felony intimidation, admitting that he sent the message to Mr. Vice while protesting that Mr. Vice gave as good as he got.

Meanwhile in Philadelphia Pennsylvania another lawyer came off the rails. Francis Malofiy brought a copyright infringement lawsuit against pop star, Usher, and nineteen other defendants in regards to Usher’s song, “Bad Girl”. In the course of representing his client, Dan Marino, Mr. Malofiy was described by trial judge Paul S. Diamond as “a paradigm of bad faith and intentional misconduct”, an unflattering portrait that was close to an understatement.

In a pretrial discovery/deposition of a certain witness, attorney Malofiy was deliberately abusive and obstructionist, making lengthy, baseless objections. He was also rude and sexist. In one exchange with defendant’s counsel he said “Don’t be a girl about this..” Opposing counsel responded “I would appreciate you not referring to me as a girl, which you have done repeatedly on the record and off the record.”

He continued to volley insulting and intimidating comments including:

“Counsel you’re defending thieves and you’re acting like somebody who should be hanging out with them at this point”

“You coached him to hell and the Judge came out and slammed you. Slammed you!”

“You’re like a little kid with your little mouth”

During one deposition Mr. Malofiy’s behavior prompted this response from the deponent:

“And for the record I’d like to say that I feel menaced and threatened by Mr. Malifiy and his continual outbursts and seemingly anger-driven conduct today.”

In a written submission to the court Mr. Malofiy addressed his argument “Response in Opposition Re: Joint Motion for Sanctions by Moving Defendants Who are Cry Babies.” The content of the argument included such brilliant points as “this is hogwash and claptrap”; “defence counsel are lying through their teeth”; “defence counsel is bizarre, off-kilter, absurd and professional complainers”.

Even worse than Malofiy’s abusive tongue, however, was his conduct in misleading an unrepresented defendant to believe he was merely a witness and was not being sued, behavior which drew the court’s most rigorous criticism. Mr. Malofiy defended himself by saying that he was a relatively unexperienced lawyer who needed a mentor to help him, protestations that were met with disdain from the court, who sanctioned him, leaving more stringent discipline, including disbarment, to be determined.

Two more reasons why lawyers are often branded as bullies!

Lawdiva aka Georgialee Lang

Jersey Boy Frankie Valli Wins in Divorce Court

DSC00280How much do we love Frankie Valli? Tons! From Big Girls Don’t Cry to Walk Like a Man to Ragdoll…he’s the boss! And yes, I’ve seen the musical Jersey Boys and will probably see it again.

This week California’s Supreme Court gave Mr. Valli, who the San Jose Mercury News says is 80 years old (shock and awe!) a gift in the form of a reversal of an appeal court decision that said he was not entitled to 50 per cent of a $3.75 million life insurance policy purchased just before he separated from his third wife, Randy Valli in 2003.
California is a community property state which means that assets acquired during a marriage are split equally upon marriage breakdown. In this case Mr. Valli used family monies to purchase the policy on his life, but he made his wife the owner of the policy, as well as the beneficiary. He testified that he expected his wife to divvy up the insurance proceeds among his three children upon his death.

But Frankie didn’t die, he got divorced. His wife took the position that the policy and its cash value, about $375,000 at the date of separation, belonged to her and the lower court agreed.

It took seven judges of California’s highest court to right the wrong. As the Mercury News reports many thought that Valli’s ex-wife was being particularly greedy since it was reported that he pays her $500,000 a month in spousal support. Yes, you read that correctly! (But my research says that FV makes about $500,000 a month so the San Jose paper must have that wrong)

This living legend still performs, he’ll be headlining the July 4, 2014 Celebration in Washington, DC, and the movie “Jersey Boys” is due for release on June 20, 2014. Clint Eastwood is the director.

Lawdiva aka Georgialee Lang

Celebrity Jason Patric Gives Voice to Fathers

10950859361151CDPSadly, many fathers will suffer through Father’s Day with a heavy heart, fathers who have lost contact with their children, many through no fault of their own. These fathers are the forgotten ones; who have no voice and no one to listen to them.

Actor Jason Patric is not one of those fathers. As the son of Pulitzer Prize and Tony award-winning playwright/actor Jason Miller and mother, Linda Gleason, yes, Jackie Gleason’s daughter, his journey is no less heart-breaking.

Mr. Patric appears to have led a charmed life, starring on Broadway and in movies and television, even turning down the lead role in The Firm, a part that Tom Cruise picked up. He has dated Hollywood’s loveliest including Robin Wright (dazzling as Claire Underwood on “House of Cards”), model Christy Turlington, and the always brilliant Julia Roberts.

Then he met Danielle Schreiber. They stayed together for almost ten years, with several breaks in between. Along the way they had a son, Gus, who was conceived by in vitro fertilization. At the time, he and Danielle were separated and he saw no need to ensure that Gus’ birth registration listed him as “father”. But Jason was Gus’ biological and psychological father since the couple reconnected and lived together for almost two years after Gus’ birth.

So what went wrong? Their relationship ended, and apparently Ms. Schreiber took the view that Mr. Patric was nothing more than a sperm donor, forgetting that he and she played mom and dad for two years before the final curtain fell.

Unfortunately, in February 2013 a California judge saw it the same way Ms. Schreiber did and refused to allow Mr. Patric to make his case for fatherhood and pursue an ongoing relationship with his son.

But yesterday everything changed when the California Court of Appeal overturned the lower court’s decision, opening the door for Mr. Patric to return to Court to prove his parental relationship and argue that his son’s rights have been thwarted by a bitter mother and a wrong-headed judge.

In August 2013 after Mr. Patric’s defeat in the lower court, a Senate bill was presented to the California Legislature which would amend the law in California to provide that where a sperm donor can show a parental relationship with his child, the current law that says sperm donors are not fathers, will not apply.

Mr. Patric and his counsel are confident that the Court of Appeal ruling will give him the chance he deserves to show his true relationship with Gus via photos, videos and cogent evidence that he is more than a donor, he is Gus’ father.

Congratulations Mr. Patric!

To learn more visit standupforgus.com

Lawdiva aka Georgialee Lang

What Next? Divorce Tattoos!

BarristerOf course I know that tattoos are no longer the bailiwick of bikers, criminals, and the armed forces, but honestly, I had no idea that divorce tattoos were the new “thing”.

How would I know…as a fifty-something divorce lawyer, that twenty-something divorcees have taken to celebrate their “freedom” with ink? Apparently, this is a new phenomenon heralded by the astute blogger of the website “Trash the Dress”.

So what does the newly divorced gal have etched on her arm, tummy, or ankle. Take your pick from the most popular:

“A Certain Darkness is Needed to See the Stars”

“I Climbed the Tree to See the World”

“No Regrets”

“Never a Victim, Forever a Fighter”

“You are what you love, not who loves you”

“Let Your Past Make You Better, Not Bitter”

“Never Look Back”

“Take These Broken Wings and Learn to Fly”

“And Though She is Little, She is Fierce”

After all, in a 2013 poll Pew Research discovered that 14% of Americans have a tattoo…that’s 45 million people. Why? Because it’s sexy and rebellious, they say.

Forget law as a career, head to tattoo school!

Lawdiva aka Georgialee Lang

A New Way To Divorce: Conscious Uncoupling

La Spiga 2011-03-22In the wake of actress and sometime singer, Gwyneth Paltrow, and rock musician Chris Martin’s not unexpected separation, a new way to divorce has emerged.

Referred to by Ms. Paltrow as “conscious uncoupling”, the phrase prompted much hilarity and ridicule, especially by Twitterers and the entertainment media.

Salon magazine suggested her method of divorce was another of her “clueless air-headed” ideas, calling it a “woo-woo Eastern-ish” philosophy, in keeping with most of what is endorsed by Gwyneth on her website “Goop”.

But now that I have stifled my giggles, what on earth is Ms. Paltrow talking about and why, as a divorce lawyer, have I never heard of it before? I know about collaborative divorce, sharia divorce, no-fault divorce and uncontested divorce and I know that common-law marriages never end in divorce, they just end.

The brain-child of Katherine Woodward Thomas, a psychotherapist licensed in California, she offers her course, “The Art of Conscious Completion” as an online seminar, at no charge. Her method has three goals: to release the trauma of a breakup, to reclaim your power and to reinvent your life”.

Thomas’s philosophy of marriage is that it is not “the tie that binds” and in 21st century living where ones’ longevity has far eclipsed earlier centuries, it is foolish to think that people will only have one lifetime partner. She says:

“I’m a fan of marriage but recognize that most people in their lives will have two to three longtime relationships–which means one to two breakups…”

Ms. Paltrow’s celebrity endorsement of Thomas’s teachings is apparently a big surprise to her, as she admits she has never met the Paltrow-Martin clan, but who can blame her if she capitalizes on the publicity?

But not everyone is mocking Paltrow’s message. Many others believe that, despite the new-age language, Paltrow and Martin are taking control of the process and modeling a civilized way to terminate their marriage, but not their friendship and shared parental roles. In fact, they are reportedly vacationing together now.

As for me, it is naïve to think that utilizing the psycho-babble of a catchphrase like “conscious uncoupling” can eliminate the pain of rejection, the loss of a dream, and the anguish of divorce’s most innocent victims, namely, children.

Lawdiva aka Georgialee Lang

Could It Happen in Your Family?

DSC00507 (2)Tomorrow at 5 pm I’ll be doing an interview with Jill Egizii who is the host of her own show on blogtalkradio.com out of Springfield Illinois. Jill is a local politician and advocate for children with a special interest in parental alienation.

She’ll be discussing a story out of California involving pop radio icon Casey Kasem, now 81-years-old, who ruled the airwaves for decades as a music historian and deejay, best known for the popular show “American Top 40″ and its multiple spin-offs.

Mr. Kasem retired from radio and his impressive voice-over career in 2009 once he became debilitated by Parkinson’s disease. Recently, however, he has been back in the media spotlight as a result of a situation that is sadly, not uncommon.

Mr. Kasem’s three adult children, Mike, Julie and Kerrie, from his 7-year marriage to his first wife, Linda Meyers, have been refused contact with their father by his second wife, albeit of 33 years, whose relationship with his children was sour from the get-go in 1980.

Media reports indicate the children were very close to their father, who is of Lebanese heritage, and had regular contact with him until he became immobilized due to his illness and also lost his ability to speak.

Daughter Julie brought a conservatorship application in an attempt to become involved in his care, however, she dropped the court case after negotiating visiting time with her father’s wife, Jean Kasem.

The children’s desperate campaign to see their father has included “picketing” in front of the home he shares with Mrs. Kasem, all in an effort to gain access to him. But it is not only his children who are barred, but also close friends and long-time business associates, who participated in the protest outside his Holmby Hills estate in Los Angeles.

In December of last year, Mrs. Kasem consented to the children seeing their dad for twenty-minutes before being escorted out by a paid “bouncer”.

As a result of the profile of this family, one California legislator is proposing new law to protect disabled, elderly parents from “forced” estrangement, such as in this case.

Sadly, with the multiplicity of divorce and remarriage, there will be more cases like this and more elderly victims.

Kerrie Kasem will also be featured in this interview.

Lawdiva aka Georgialee Lang