Lawyers’ Merry Christmas Cards

Lawyers’ Merry Christmas Cards

Just for fun, I’ll set out the sentiments from a few lawyers’ Christmas cards:

1. Picture an intense lawyer grilling Santa Claus on the witness stand:

“I’ll ask you again sir, did you or did you not look at my client, and in a crowded shopping mall, in front of her children, call her not once, but three times… a ho?”

2. A lawyer making closing submissions in court:

“The evidence will clearly show that my client, Mr. Claus, was not the driver of the sleigh the night that Grandma, as the charges read, “got run over by a reindeer”.

3. This time it’s a sleigh full of reindeer being pulled by Santa Claus:

“Our lawyers sure know how to negotiate an employment contract.”

4. Husband reading a Christmas card to his wife:

“Honey, our lawyer wishes us, but in no way guarantees a Merry Christmas”

5. Child sitting on Santa’s lap in a department store:

“Actually my legal counsel has advised me to plead the 5th with respect to “naughty or nice”.”

6. Santa standing outside the front door of a home on Christmas Eve
with his lawyer:

“My client would like you to sign this waiver before he descends your chimney.”

7. A lawyer sitting on Santa’s lap in a department store, reading his Christmas
wish list:

“Sympathetic judges, evidence that is irrefutable, friendly juries, no hostile witnesses.”

8. Young boy sitting on Santa’s lap in a department store:

“As to your question “Were you a good boy?”, my attorney tells me I have the right to remain silent.”

MERRY CHRISTMAS!

Lawdiva aka Georgialee Lang

Merry Christmas Disclaimer

PLEASE ACCEPT without obligation, express or implied, these best wishes for an

environmentally safe, socially responsible, low stress, non addictive, and gender

neutral celebration of the winter solstice holiday as practiced within the most

enjoyable traditions of the religious persuasion of your choice (but with respect

for the religious or secular persuasions and/or traditions of others or for their

choice not to practice religious or secular traditions at all):

AND FURTHER for a fiscally successful, personal fulfilling, and

medically uncomplicated onset of the generally accepted calendar year

(including, but not limited to, the Christian calendar, but not

without due respect for the calendars of choice or of other cultures).

THE PROCEEDING wishes are extended without regard to the race, creed,

colour, age, physical ability, religious faith, choice of computer platform, or

sexual preference of the wishee.

 

Lawdiva aka Georgialee Lang

It All Seemed So Good: Toronto Neurosurgeon Arrested for Murder of Wife

GeorgiaLeeLang025Mohammed Shamji had it all:  a beautiful wife, who was herself a family doctor, three lovely children, and a PhD from Duke University in biomedical engineering, which paved the way for his reputation as a world-renowned neurosurgeon. But the family was hiding a secret…according to news reports, the Shamji’s had visits from the police more than once for allegations of domestic violence and neighbours reportedly heard them fighting.

Tragically the ultimate weapon for men that engage in family violence was unleashed when Dr. Sahmji, age 40, allegedly murdered his wife, Elana Fric-Shamji last week in their garage. He was arrested on Friday and is in police custody charged with first degree murder. The media reports that Dr. Shamji placed her body in a suitcase and dropped her  beside a river in suburban Toronto, where she was found the day before her husband was arrested.  The coroner determined she died from strangulation and blunt force trauma.

It is impossible to pigeon-hole Dr. Shamji as he does not fall within the typical profile of a husband (or wife) who murders their partner, which includes severe mental illness, previous felony convictions, lower intelligence, and more cognitive impairment than in other types of murders. However, eschewing political correctness,  it may well be that his cultural upbringing played a role.

The killing of a female intimate partner or spouse is referred to as “uxoricide”. Statistics reveal that of 2,340 partner murders in America in 2007, female victims made up 70%. In South-East Asia 55% of all murdered women died at the hands of their partner, in Africa it is 40%, and 38% in the Americas. It is reported that approximately 7 women are killed per month in England and Wales, 4 women per month in Australia, and in the United States it is 76 women per month.

Dr. Elana Fric-Shamji had recently filed for divorce and expressed relief that she was on her way to a new life. This stage of separation is the most dangerous time for women. Her last tweet on November 27, 2016 was lively and upbeat, displaying a photo of her and a fellow female physician. Her children have now been placed with their maternal grandparents. How very sad…

Lawdiva aka Georgialee Lang

Court Orders Maintenance Enforcement Program to Pay Dad for Abusive Collection Efforts

GeorgiaLeeLang009Some of the worst complaints about the  British Columbia family law justice system arise from litigants dealing with the Family Maintenance Enforcement Program  (“FMEP”), called the Family Responsibility Office in Ontario.

Support enforcement programs permit parents and spouses who have court orders or agreements providing for child or spousal support payments to register their orders or agreements with the enforcement program in their province, at no cost to the registrant.

The protocol is that once an agreement or order is registered, the payee parent or spouse must pay support to FMEP, no longer directly to the recipient. FMEP ensures that the recipient parent or spouse receives the payment monthly, and in cases where a payee fails to pay, they take steps to enforce the payment of the support.

Interestingly, a payee does not have to be in arrears of support to be monitored by FMEP.  I remember years ago when a client of mine agreed to pay support for his wife and children, an agreement that was incorporated into a court order. My client’s wife registered with the Program as she was entitled to, however, my client was most distressed when he received a letter from FMEP  addressed, “Dear Debtor”. My client made every payment every month on time and was insulted by the program’s cavalier use of the term “debtor”. He was certainly not a debtor, just a regular guy whose wife registered with the program.

Sometimes recipients enter the program out of spite for their former spouse, however, 99.9% of the cases involve payees who have fallen behind in their court ordered payments.

In a recent Ontario case, a typical scenario unfolded for Richard DeBiaso, who paid child support to his ex-wife for the support of the two children residing with her, with a set-off because he had one child living with him. It is not uncommon that as children mature they switch homes and move from mom’s house to dad’s house. That’s what occurred in the DeBiaso case where over time all the children resided with their father.

Mr. DeBiaso negotiated new terms for child support with his former wife, entered into a new agreement and made arrangements to appear in court to finalize their new arrangements. Unfortunately, Ms. DeBiaso had already registered with the Family Responsibility Office,  (“FRO”) who were unaware of the new support agreement that had yet to be confirmed by the court.

The first Mr. DeBiaso heard of any problems was when FRO sent a letter advising him that they were reporting him to the credit bureau. Shortly thereafter FRO issued a garnishing order to his employer which prompted his lawyer to send a letter to FRO advising of their mistake and the pending court order.  FRO was unmoved–they were enforcing the order they had received from Mr. DeBiaso’s wife and had now taken steps to have his driver’s  license suspended. Needless to say, FRO was not responsive to any communication and regularly ignored letters from his lawyer, also refusing to accept phone calls.

Mr. DeBiaso finally obtained a court order directing FRO to cease their collection efforts. He then asked the court to order FRO to reimburse him for his legal fees, an amount close to  $10,000. The court reviewed numerous other decisions ordering FRO to pay costs, noting that most of these cases involved “aggressive enforcement actions on the part of FRO”.

Justice Nelson awarded Mr. DeBiaso the sum of $7,500 saying:

“In this case it was made clear to the FRO caseworker that there was a dispute over the amount of arrears owing.  It was made abundantly clear that there had been a material change because of the move of the children.  While I understand that FRO has a mandate to enforce, it seems to me that insisting on enforcement by way of licence suspension, when it is likely that the matter will be before the court within a very short period of time, is an unreasonable exercise of the Director’s mandate to enforce.

…the caseworker was kept fully apprised of all relevant information about the motion to change.  The refraining motion was December 10, 2015; the motion to change was scheduled for December 30, 2015.  The insistence by the Director on proceeding with enforcement under such circumstances is not only costly to the individual involved but costly to the court in terms of time allotted to the case.”

It should be noted that FMEP’s and FRO’s inappropriate attitude while serving the public is not limited to payors who have arrears of support. It is also nigh impossible for recipients to be heard in a timely manner. The British Columbia program is contracted to a large American corporation that makes oodles of money, with little apparent concern for customer relations.

DeBiaso v. DeBiaso 2016 ONSC 2253

Lawdiva aka Georgialee Lang

Why Would You Hire a Lawyer if You Don’t Want to Take Their Advice?

BarristerI could never understand why someone would hire a high-priced, hotshot lawyer but refuse to take their advice.  It happens more frequently than you might realize, sometimes the result of an uneducated neighbour or friend, who after going through their own divorce, deigns to give (bad) advice to all who will listen. Other times it’s a litigant who thinks he or she knows better.

In a recent case in Vancouver, a lawyer had a difficult time persuading her client that his strategic decisions were wrong-headed and would ultimately lead to disaster. Here’s what the lawyer told her doubting client:

“Family law is a breed apart. Affidavit evidence is generally full of crap, most of which doesn’t matter. ” (Editorial comment: A true statement)

“…if you bring numerous expensive court applications that are out of the ordinary in family law in response to her material, you can guarantee she will get her advance for legal fees because you will have proved to the court what she has said in her material that you will seek to prolong the court proceedings by litigation tactics that are outside the norm in family law and not only will they be unsuccessful, those tactics will backfire spectacularly.” (Editorial comment: Also true)

“You might be better served with a puppet lawyer than with someone who is trying to save you money and grief. Think about it, as once you start down this type of path, you have blown your potential opportunity to get this litigation over with relatively easily.” (Editorial comment: A puppet lawyer is a stooge, a dupe)

“We won’t fire you now because you are stuck with a rapidly approaching court date but (John) or (Jane) will have to argue the motions you want to argue that I think are a waste of time and money, as my reputation as ethical counsel with the court and other lawyers is important to me and I don’t want the court or other counsel to think I am suddenly trying to rip off my clients by bringing motions that appear to be designed to make me money and not to help my clients.” (Editorial comment: Lawyers cannot abandon clients if a hearing is pending)

Tough words, but ethical lawyers who see their clients heading in the wrong direction are obliged to point out the crash course they are on. Most often the solicitor/client relationship ends dramatically, with unpaid legal bills and complaints to the lawyer’s governing body. (Editorial comment: Most times these complaints are dismissed)

To you who hire lawyers, you’d be wise to remember that the legal system is a  complex maze that requires  a steady hand at the wheel, a driver who has the expertise you need and the interest and passion to pursue justice on your behalf. Of course, in all litigation there are winners and losers, and competent counsel should tell you what side you will likely land on.

Lawdiva aka Georgialee Lang

 

 

 

 

 

Can Residue on a Cell Phone Identify a Criminal?

GEO CASUALThe field of investigative science is rapidly expanding, but it is also diminishing as forensic scientists throw out investigative tools that have been discredited, such as bite-mark analysis.

In a study funded by the National Institute of Justice,  and carried out by  biochemists at the University of California, San Diego, scientists  have discovered that residue aka “gunk” on a person’s cell phone can reveal much about the phone’s owner. Anything we touch leaves behind trace chemicals, molecules, and microbes which can be analyzed to obtain lifestyle information, including diet, hygiene products, health status and locations visited.

In a press release, the authors of the study said that this process  can reveal whether “ a person is likely female, uses high-end cosmetics, dyes her hair, drinks coffee, prefers beer over wine, likes spicy food, is being treated for depression, wears sunscreen and bug spray—and therefore likely spends a lot of time outdoors—all kinds of things.”

The authors of the study caution that this technique only provides a general lifestyle readout and unlike fingerprint analysis is not capable of providing a match to a particular person.

Then how is this information useful? The analysis could assist  a criminal investigator to narrow down the owner of an object found at a crime scene and assist in the determination of a viable suspect. Besides criminal profiling, it can be used for airport screening, medication adherence monitoring and environmental exposure studies.

The authors say their next project is to look at other personal items, such as wallets and keys to determine if their molecular analysis applies to these objects.

Lawdiva aka Georgialee Lang

 

 

 

 

 

 

 

 

 

Judge’s Decision Results in Tragedy

BarristerHave you ever thought about how judges make decisions? Frankly, I rarely think about this as my focus is simply on persuading a judge to see it my way. But learned scholars have studied and researched the psychology of judicial decision-making with interesting results.

The authors of “Blinking on the Bench: How Judges Make Decisions”* say that judges are predominantly intuitive decision makers, a characteristic that unfortunately can lead to flawed decisions. Of course, some intuitive decisions are accurate, but as between those kind of decisions and  the more academically rigorous “deliberation” method,  acting on gut feelings or hunches can be a dangerous way to adjudicate matters of critical importance to participants in the justice system.

A case this week out of Madison, Kentucky highlights the impact of judges’ “getting it right”.

Local prosecutor Chad Lewis was in court in Madison on October 6, 2016 seeking an arrest warrant against Laura Russell’s husband, Anthony Russell, age 51. The couple was divorcing and it was going far from well. Charged in August 2016 with strangulation and domestic battery for allegedly attacking his wife on several occasions. Mr. Russell was out on bond of $500.00 and subject to a restraining order, that he apparently ignored.

This court appearance was scheduled after Ms. Russell advised the police that her husband was continuously stalking her. She was upset, intimidated and frightened.

Judge Michael Hensley presided at the hearing, however, he refused to issue a warrant for Mr. Russell’s arrest and instead issued a summons requiring Mr. Russell to attend court on  October 11, 2016 after the three-day long weekend.

Mr. Russell did not show up at court on October 11 and neither did his estranged wife. They were both dead. Mr. Russell went to Ms. Russell’s home on October 7 and stabbed her multiple times. He then  committed suicide, blowing his head off with a pistol…a tragedy that devastated Judge Hensley.

The judge released a statement to the press expressing his condolences to Ms. Russell’s family, saying he felt “horrible about her death” and understood that his sincere regret would not “bring her back”. He explained that he didn’t believe there was “probable cause” to issue a warrant and said “I made what I thought to be the correct legal decision…obviously I made a decision that had the most tragic result possible”.

Prosecutor Lewis criticized Judge Hensley for failing to accede to his request for a warrant for stalking. Meanwhile, Ms. Russell’s lawyer suggested that it was Mr. Lewis’ fault as he could have asked for a warrant for multiple breaches of the restraining order, instead of seeking a probable cause hearing for a new charge of stalking.

Judge Hensley also announced that he would institute a new procedure in respect of arrest warrants, by ensuring that a hearing be scheduled for the day the warrant request is made.

 Lawdiva aka Georgialee Lang

*Chris Guthrie,  Jeffrey J. Rachlinski & Andrew J. Wistrich