Family Law

Columbia Professor David Epstein

We know that part of the appeal of Ivy League schools is the incestuous nature of the high-end job market. People like to hire their own, and if successful Ivy League graduates prefer to work with or mentor fellow Ivy League alums, then the whole Ivy system becomes a self-fulfilling prophecy.

See, it’s fun to talk about “incest” when you are using the word to make a creative intellectual analogy. It’s much less fun to use the word incest when you are talking about… incest. Revoltingly, David Epstein, a political science professor at Columbia University who also occasionally teaches legal seminars, has been accused of having a consensual sexual relationship with his 24-year-old daughter. According to the New York Daily News, Epstein has been charged with a single count of felony incest.

Epstein is (or perhaps “was”) popular with his students. He was also a news commentator and occasional blogger on the Huffington Post.

I’m find myself wishing he was accused of having inappropriate sex with one of his college-aged students, or using an escort service, or having sex with donkeys, or something other than allegedly doing it with his daughter. Because that’s just a gross perversion of nature.

And now I have to make jokes about it….

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Hopefully you paid attention during middle school sex-ed, because you’re unlikely to learn about the birds and bees at law school.

According a recently released survey by Law Students for Reproductive Justice, only 18 percent of U.S. law schools have offered reproductive rights law courses over the last seven years. More specifically: there have been 37 separate courses and instructor-led reading groups taught at least once, offered at 32 schools located in 17 different states.

Is that good? As future legislators, jurors, advocates or defenders of reproductive rights, do you think you need formal training in the subject? Or is study of the overarching foundations of our legal system sufficient to allow you to take the next Planned Parenthood case that comes into town — or at least talk intelligently about it at parties?

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Well, this is not going to make Bingham McCutchen partners happy. A judge today ruled that the marital agreement between Los Angeles Dodgers owner Frank McCourt and wife Jamie McCourt is invalid — and therefore Frank might not have sole ownership of the Dodgers.

We wrote about Bingham’s boo-boo back in September. Some copies of the postnuptial agreement use the word “inclusive” in a way that would have given Frank sole ownership, while others use the word “exclusive,” which would have made Jamie a co-owner.

Bingham’s agreement may have been thrown out by the court, but don’t think for a second that Frank McCourt is done fighting for sole control of the team…

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This is a truly innovative approach to helping at-risk children. This is a truly sad commentary on the state of our society. This is a great way to introduce children to the concept of having a lawyer. I can’t believe we need to explain to children why they need a lawyer. This is a tale of a comic book, and it is truly the best thing I’ve seen that is so terrible.

The ABA Journal has a fascinating feature about a four-page comic book called: I Got Arrested, Now What. It was created as a final project for the Youth Justice Board, a program run by the Center for Court Innovation in New York City. The board is comprised of public school high school students from the City.

One of the students on the board explained the need for this comic book:

“All of us came in with the mindset that we wanted to change something in New York City,” says Khaair, a senior at Francis Lewis High School in Queens who didn’t want his last name published. “I feel like the youth of New York City don’t have representation—and we really need a voice, especially for the stuff that involves us.”

And since this is New York City, the “stuff” that our youths need guidance on is what to do when they get arrested. You simply must check out this comic book…

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Breaking: Scion of fatuous family which contributes absolutely nothing to society chooses a mate.

Sorry, if we were living in Britain, that sentence would have read “Prince William to wed Catherine (Don’t call me Kate) Middleton.”

Thank you, George Washington, for saving me from the horror of actually having to care about the British Royal Family. Obsessing over the Britney Spears is much more respectable. At least she can dance.

But there is an interesting wrinkle to the massive waste of time, money, and ink about to be spent on the royal nuptials. For the first time, U.K. laws would appear to hold pre-nuptial agreements enforceable. Which leads to the obvious questions: should the royal couple sign a prenup?

I think the answer is yes, and not to protect the crown jewels from a spurned future Catherine. See, it turns out that Kate Middleton is a “commoner” only in the insulting, archaic, British sense of the word….

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If you want to marry a shoe, I’ll marry you.

Jimmy McMillan, running for governor of New York as the candidate of the Rent Is Too Damn High Party.

(Watch this awesome video clip of McMillan from last night’s debate.)

Managing expectations is a very important skill — when it comes to personal relationships, movie enjoyment, and, of course, dealing with your co-workers and clients.

You need to know how to set boundaries. After you’ve pulled two all-nighters in a row, for example, it’s okay to tell the partner you work for that you just can’t do a third. If you give an inch, your colleague or client will take the proverbial mile.

But has one South Carolina law firm taken boundary-setting too far? Check out the Client Expectations section of the Pincus Family Law website (via Jim Calloway, via ABA Journal):

We do not work on the weekends and do not provide emergency numbers for the weekends. There are times we may look at and answer your email over the weekend, but this is generally the exception and not to be relied upon by you that we are accessible on weekends.

And they don’t do windows, either.

Do not think we are perfect. We make mistakes. We are competent attorneys and paralegals, but we make mistakes. We will correct a mistake if we find it or if you point it out. Please do not yell at us, accuse us of not doing our job, or insult us over a mistake.

And please do not sue us for malpractice. We warned you at the outset that “[w]e make mistakes.”

And that’s not all….

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Robyn and Mel Gibson; in happier, younger times.

In this week’s installment of “What the Hell is Wrong with Mel Gibson?“, our tragic hero took a break from allegedly beating the sh*t out of ex-girlfriend Oksana Glengarryglenrossgrivioa (and following up with typo-ridden text apologies) to hash out his divorce settlement with soon-to-be ex-wife Robyn. The settlement is on track to be the largest divorce payout in Hollywood history, with Robyn to get at least half of the almost $1 billion Mel earned during their 28-year marriage (community property, go go Gadget Family Law class).

But, as with everything Mel-related as of late, there’s a slight problem…

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Glenn C. Lewis: he's a billable-hour machine.

A few days ago, the Washington Post reported on the legal misadventures of prominent D.C. attorney Glenn Lewis (no relation to the Canadian R&B singer, as far as we know). According to the Post, “Glenn C. Lewis is an acknowledged titan of the D.C. area divorce bar, a former president of the Virginia Bar Association who boasts that he is the most expensive lawyer in the region: $850 an hour. He has an impressive office in the District and an array of high-profile clients.”

One would expect a lawyer of Lewis’s stature and success to have impeccable judgment. But it appears that recently he made a serious misjudgment. He decided to sue a former client for an extra $500,000 in fees and interest, after having already received some $378,000 from that client.

Unfortunately for Glenn Lewis, that client was a lawyer — and decided to strike back. By the end of the whole episode, Lewis ending up owing his former client money — an amount in the six figures….

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It’s actually not the divorce of the Los Angeles Dodgers, but the divorce of real estate mogul Frank McCourt and his wife, Jamie. Some call it the Dodger Divorce, however, since this bitter litigation could determine the fate of the storied baseball team — an asset worth hundreds of millions.

The couple is fighting over ownership of the Dodgers in a Los Angeles courtroom, aided by a long list of leading litigators. Frank McCourt is represented by Stephen Susman of Susman Godfrey, among others, and Jamie McCourt’s legal team is led by David Boies of Boies Schiller. (For a more complete listing of the lawyers involved, see here.)

But right now Susman and Boies aren’t the lawyers in the limelight. Rather, all eyes are focused on attorneys from Bingham McCutchen. The Boston Globe reports:

The high-powered firm is suddenly at the center of the drama because of work done by its lawyers. At issue is the wording of a document signed by both McCourts six years ago. According to media reports, three copies of the marital property agreement use the word “inclusive,” which would make Frank McCourt the sole owner of the Los Angeles Dodgers, and three copies say “exclusive,” which would make Jamie McCourt the co-owner of the venerable Major League Baseball franchise.

This is not the first time we’ve covered how a tiny difference in language — just two little characters, “in” as opposed to “ex” — could mean millions. Remember the single-digit error that could cost a real estate company tens of millions? See also the $900,000 comma and the $40,000 missing “L.”

Yikes. This is such stuff as lawyers’ bad dreams are made of. Law truly is a game of inches. (When bloggers make typos, commenters make fun of us; when lawyers make typos, people die lose money — sometimes lots and lots of it.)

The lead lawyer from Bingham McCutchen, Larry Silverstein — no relation to the World Trade Center real estate developer, as far as we know — admits that he messed up in preparing the marital property agreement (MPA)….

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