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Family Law

Adventures in Law Advertising: Monster-in-Law

This advertisement, from tiny divorce and bankruptcy firm Davis and Millard, appeared in an Atlanta magazine in June:

Davis-Millard-Skirt!-New.gif

We get confusing messages. With the curly font and all the pink, it seems like it should be an ad for lip gloss for teens. But the menacing way the woman grips that rolling pin puts fear in our hearts. The color motif and menace bear a striking similarity to this Serial Mom movie poster.

The text at the top of the ad -- "Moving on means never having to talk to your mother-in-law again" -- reminds us a bit of this earlier advertisement: "Life's short. Get a divorce."

Breaking: California Supreme Court Upholds Gay Marriage

lesbian marriage Above the Law blog.jpgIn five minutes, at 10 AM Pacific time, the California Supreme Court will hand down its ruling on same-sex marriage. We will update this post -- and fill in the blank in the post's title -- once we have the substance of the ruling.

Update: The opinion is here (PDF -- and thanks, commenters, for the link and excerpts). Reversing the appeals court, the California Supreme Court struck down the state's statutory ban on same-sex marriage. Slip op. at 12:

Under these circumstances, we cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.

Slip op. at 120:

[T]he language of section 300 limiting the designation of marriage to a union "between a man and a woman" is unconstitutional and must be stricken from the statute, and... the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.

Marissa Cooper Alex The OC girl girls lesbian kiss.jpgFurther Update: From the AP:

The California Supreme Court has overturned a gay marriage ban in a ruling that would make the nation's largest state the second one to allow gay and lesbian weddings. The justices' 4-3 decision Thursday says domestic partnerships are not a good enough substitute for marriage. Chief Justice Ron George wrote the opinion....

The case before the court involved a series of lawsuits seeking to overturn a voter-approved law that defines marriage as a union between a man and a woman. With the ruling, California could become the second state after Massachusetts where gay and lesbian residents can marry.

In re Marriage Cases [Supreme Court of California (PDF)]
California Supreme Court overturns gay marriage ban [AP]
Calif. same-sex marriage ban struck down [CNN]
Pre-Gaming the California Same-Sex Marriage Ruling [WSJ Law Blog]

Tattoos Instead of Billable Hours? Rock On, Grandma.

tattoo.jpgFor all of you Chicago law students who are strapped for cash and in desperate need of a tattoo or two, we have the craigslist ad for you:



I am searching for a student lawyer who is familar with the divorce laws of Illinois. Someone who is studying family law and would help assist me in my situation. Thus far I have written out my petition and obtain documents to be filed. But, I need someone to review my petition and statement before it is presented to the court. As a token of appreciation I will issue a check of $45.00 and two tattoo needles for two free tattoos(black and grey). Check out my work on www.myspace.com/grandmas26tattoos.

We were hoping for a cool granny on MySpace, but it's actually a young woman.

Our University of Chicago tipster says:

I'm not studying family law, but if I was, I don't think I would accept payment in tattoos.

Not even "Biglaw" on your bicep?

In Search For Student Lawyer Who Is Studying Family Law (Brighton Park/ Midway) [Craigslist]

Montana Lawyers Do Things Differently

shark lawyer attorney swimming with sharks Above the Law blog.jpgRemember this attorney, who announced the dissolution of his law partnership in most unorthodox fashion? We sure do (and so does "Tim from Anaconda").

Our friends out west are idiosyncratic when it comes to office decor, too. From a piece by Debra Cassens Weiss for the ABA Journal:

A Montana lawyer said his decision to put a shark tank in his office started out as a joke.

“I said, ‘What would it take to put a shark in a lawyer's office?' and it just kind of took off from there,” lawyer Christopher Gillette told the Bozeman Daily Chronicle.

Workers hoisted the 1,000-gallon aquarium through the second-story window of Gillette’s new office in downtown Bozeman on Monday. He plans to fill the tank with a blacktip reef shark and other saltwater fish, including a venomous lionfish.

Forget mediation. Nothing brings about settlement as quickly as the prospect of being devoured by a blacktip reef shark. With a venomous lionfish on hand to clean up any leftovers.

Gillette, who practices family law, says he thinks clients will find the tank to be relaxing. “People seem to be comfortable with fish,” he told the newspaper.

Others will get a chance to watch the marine life, too. Gillette plans to install a camera and broadcast video of his fish tank beginning in February at www.cjgillettelaw.com and www.ccaqua.com.

No word yet on whether Bob Link of Cadwalader -- official holder of the "shark tank" nickname, courtesy of the New York Law Journal -- plans to install an aquarium at One World Financial Center.

ABA Journal [ABA Journal]

Earlier: An Update on the Managhan Law Firm (aka 'My Wife Is Sleeping Around and That's Why We're No Longer Law Partners')

Britney Spears: No Panties, No Hair...

Britney Spears VMA girlfriend still looks good all you haters.jpgAnd now, no lawyers? From the AP:

Britney Spears' lawyers in her custody battle with ex-husband Kevin Federline are quitting. The law firm Trope and Trope asked a court Wednesday to be relieved as Spears' attorneys. The firm says there's been a "breakdown" in communication with the pop princess that makes representing her "impossible," according to the filing, obtained by CelebTV.com.

Structured finance lawyers, it's time to put down those securitization agreements and pick up Us Weekly. Representing the embattled pop star is a growing practice area:

On a separate legal front, an attorney for Spears wants the city attorney's office to prove that the pop star is a permanent California resident and is subject to state laws that require her to have a valid California driver's license.

Spears faces up to a year of probation if convicted in a misdemeanor case of driving without a valid license, a charge to which she has pleaded not guilty. The case stems from a videotaped fender-bender in a parking lot in August. A hit-and-run charge has been dismissed.

Spears attorney J. Michael Flanagan earlier Wednesday requested that prosecutors be required to demonstrate that Spears, who owns homes in Louisiana and Florida, intends to make Los Angeles her permanent legal home.

Of course she does -- Britney Spears is the quintessential Californian.

Now if only the judicial system would just leave... Britney... alone!!!

Spears' Lawyers Ask to Quit Custody Case [Associated Press]

Privatizing Marriage: A Proposal Whose Time Has Come?
(And How Would It Affect Business for Divorce Lawyers?)

wedding rings privatize marriage Above the Law blog.jpgRapidly climbing the Most Emailed Articles list over at the New York Times is an op-ed entitled Taking Marriage Private, by Professor Stephanie Coontz. It includes an interesting history of the legal regulation of marriage (which Coontz observes is a fairly recent phenomenon):

Why do people — gay or straight — need the state’s permission to marry? For most of Western history, they didn’t, because marriage was a private contract between two families....

The American colonies officially required marriages to be registered, but until the mid-19th century, state supreme courts routinely ruled that public cohabitation was sufficient evidence of a valid marriage. By the later part of that century, however, the United States began to nullify common-law marriages and exert more control over who was allowed to marry.

By the 1920s, 38 states prohibited whites from marrying blacks, “mulattos,” Japanese, Chinese, Indians, “Mongolians,” “Malays” or Filipinos.

A prohibition on marrying fabulous Filipinos? Your loss. Everyone knows Filipinos are great lovers.

More after the jump.

Continue reading "Privatizing Marriage: A Proposal Whose Time Has Come?(And How Would It Affect Business for Divorce Lawyers?)"

Leave... Britney... Alone!

Britney Spears Above the Law.JPGYou mean old judge! From the AP:

Britney Spears was ordered Monday to surrender custody of her children to ex-husband Kevin Federline.

Superior Court Judge Scott M. Gordon ruled that Federline will take custody of Sean Preston, 2, and Jayden James, 1, beginning Wednesday "until further order of the court."

If Judge Gordon took Britney's VMA performance into account, Britney should move for reconsideration. We agree with Chris Nashawaty: she wasn't as bad as everyone (predictably) claimed she was.

LEAVE BRITNEY ALONE! [YouTube]
In Defense of Britney Spears [Entertainment Weekly]
Spears ordered to give kids to Federline [AP]
Britney Spears Has Lost Her Kids [TMZ.com]

Lawsuit of the Day: Identical Twins in Paternity Fight

Twin Falls Idaho Above the Law blog.jpgReaders of ATL disagree vehemently over the existence of God. But if God does exist, he has a delightfully sick sense of humor. From ABC News:

Twin brothers Raymon and Richard Miller are the father and uncle to a 3-year-old little girl. The problem is, they don't know which is which. Or who is who. The identical Missouri twins say they were unknowingly having sex with the same woman. And according to the woman's testimony, she had sex with each man on the same day. Within hours of each other.

When the woman in question, Holly Marie Adams, got pregnant, she named Raymon the father, but he contested and demanded a paternity test, bringing his own brother Richard to court.

But a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy— and neither one wants to pay the child support. The result of the test has not only brought to light the limits of DNA evidence, it has also led to a three-year legal battle, a Miller family feud and a little girl who may never know who her real father is.

Très trashy -- but there's an actual legal issue here. How was it decided?

Find out, after the jump.

Continue reading "Lawsuit of the Day: Identical Twins in Paternity Fight"

Morning Docket: 05.09.07

David Hasselhoff Above the Law blog.jpg* $3.19 a gallon for this? [CNN]

* Hasselhoff videotape (no, not the German music video) leads to loss of custody rights. [CNN]

* Bat-ban Begins -- groups sue to overturn NYC ordinance.[SI]

* Senators expand Attorneygate probe. [MSNBC]

* Ethics of "pillow angel" surgery called unlawful. [CNN]

Morning Docket: 01.12.07

* Jury selection begins in Atlanta courthouse shooting case. [Fulton County Daily Report ]

* Jury rocks State Farm like a hurricane (complete with both wind and storm surge damage), awards $2.5 million in punitive damages. [CNN]

* Houses passes stem cell bill; President promises a veto. [Jurist]

* Second rule of Fight Club: Don't film Fight Club and sell copies on the internet. [FindLaw]

* You Kidds play nice.[ABC]

Celebrity Catfight: Angelina Jolie v. Madonna

Angelina Jolie Madonna nude naked pic pics picture photo.JPGFrom the Daily Mail of the U.K. (where newspapers are more fun to read):

Angelina Jolie has attacked Madonna for adopting a child 'illegally'. She said the singer should never have visited an impoverished African country with the sole intention of choosing an infant.

Her comments follow accusations that Madonna used her fame and money to speed the adoption of one-year- old David Banda late last year.

'Madonna knew the situation in Malawi, where he was born,' said Miss Jolie, who has adopted two Third World youngsters of her own

But Ms. Jolie was diplomatic in her criticism:

"Personally, I prefer to stay on the right side of the law. I would never take a child away from a place where adoption is illegal.'"

Because, you know, following the law is such a personal decision.

This struck us as a little silly:

"'Brad and I want to continue to adopt, but keeping a big family uses up a lot of money."

Because it's just so hard to make ends meet when you earn $10 million per picture, and your partner earns $17 million per picture.

Angelina Jolie attacks Madonna for 'illegal adoption' of baby David [Daily Mail]

Tickle Me, Elmo Fred; Griffiths

Elmo Tickle Me Elmo.jpgIf you enjoyed the Best Notice of Appeal Ever, as well as the complaint in Ward v. Arm & Hammer, you'll enjoy our latest pro se filing, too.

It's an interesting challenge to jurisdiction, filed by a fellow who legally changed his name to Elmo Fred; Griffiths. (Yes, the semicolon is legally part of his name.) The case is a guardianship proceeding for Griffiths's mother, Ruth Griffiths, brought by one of Elmo's siblings.

Here's the first page:

Elmo Fred Griffiths 1.jpeg

And there's more. The rest of the document appears after the jump.

Continue reading "Tickle Me, Elmo Fred; Griffiths"

Non-Sequiturs: 12.07.06

Nike baby.JPG* Let’s see…a corrupt Laguardia Community College instructor on the one hand, and students dumb enough to think that a slightly better grade in computer science will compensate for the fact that they attend Laguardia Community College…I won’t comment, lest you think I’m elitist or something. [Newsday]

* Sponsoring babies, but not the Sally Struthers way. [Madisonian]

* And another way in which babies can pay off. [Cookie; The Poop]

* We too are hoping the judge’s mishandling of this case comes back to bite shoot him in the ass. [Legal Reader]

* So Tom Brady is like one of 5 football players I actually recognize. (I’m exaggerating of course -- I’m counting Tiki Barber as two.) Well, he’s suing Yahoo! for improperly using his image in its promotion of Fantasy Football. (Which is strange since he did not sue SNL for skits that made him look as interesting as a brick.) [The Smoking Gun]

Non-Sequiturs: 11.28.06

* Thesauruses can still do the trick. Who knows if I would have passed AP English without one? On the other hand, one of the perks of public high schools is having your Cliffs Notes-cribbed essay graded by a teacher qualified only to teach woodshop and coach girls' softball. [New York Times]

* What would the Supreme Court say about McDonald’s plans to patent its sandwich-making process? [CNN Legal Pad]

* Ah, law school flirting is just so cute. [Overheard in New York]

* While the poodles seem to be safe, babies, sadly, are not. [WCSH Portland]

* Blood money, in a way. Because someone killed my will to love. [Newsweek via Overlawyered]

We're Trying Hard To Care About This Story

Pamela Anderson Above the Law Kid Rock Pamela Anderson Lee.jpgBut we can't bring ourselves to do it. Maybe this guy can do some caring for us.

Actually, the Borat connection may be the only vaguely interesting thing about the Pamela Anderson/Kid Rock divorce (court papers filed yesterday). From Page Six:

[Hollywood producer] "Ron Meyer held a screening of 'Borat' at his house for a bunch of people, including Pam and Bob [Ritchie, aka Kid Rock]," says an Anderson pal. "It was the first time Bob had seen the movie, and, well, he didn't like it."

The hugely popular film shows Sasha Baron Cohen - in character as Borat Sagdiyev - falling in love with Anderson after seeing her in a "Baywatch" rerun, then driving across America in order to propose marriage to her.

Her friend tells Page Six, "Bob started screaming at Pam, saying she had humiliated herself and telling her, 'You're nothing but a whore! You're a slut! How could you do that movie?' - in front of everyone. It was very embarrassing.

It looks like Pam will be getting her revenge. Anderson has retained high-flying celebrity divorce lawyer Neal R. Hersh, one of the name partners in Hersh, Mannis & Bogen, a top family law boutique in Los Angeles.

One of Neal Hersh's fellow partners is Judy Bogen, who represented Kim Basinger in her ugly divorce from Alec Baldwin. And Baldwin is no Bogen fan, describing her as a "hideously angry-looking woman," whose face "looks like a cross between a bulldog and a clenched fist."

An ATL commenter agrees with Baldwin:

My ex-wife hired Judy Bogen to represent her, and I can confirm Mr. Baldwin's description of this vile female. He forgot to mention her four inch long fingernails, which obviously hadn't touched a keyboard and were likely reserved for tearing the heart and soul out of her female clients' unfortunate spouses.

We eat this stuff up. If you have any other good stories about divorce lawyers from hell, feel free to email them to us.

Pam Anderson Files for Divorce [TMZ.com]
Pam Splits Over Kid Blowup [New York Post]
Neal Hersh bio [FindLaw]

Earlier: Gee, Alec, Tell Us How You Really Feel
Prior ATL coverage of Borat (scroll down)

Sorry, Folks -- You'll Have To Settle for That Video of Britney Belching

britney spears britney_spears naked nude breasts above the law atl britney spears topless.JPG

After details of Britney Spears's "airtight" prenuptial agreement were disclosed, revealing that her soon-to-be ex-husband, Kevin Federline, wouldn't get much in the divorce, we began hearing this rumor:

Fed-Ex will be a hero to stragglers everywhere, moreso even than Kato, in his leveraging: [Britney] made an air-tight prenup; he made a videotape of his adventures into what had been allegedly air-tight territory during their honeymoon. Internet P0rn distributor's offer: $40M. Somehow I think that she is going to cough up more than that to prevent a Paris H. repeat...

But despite any spam you may have received recently touting the "Britney Sex Tape," it seems that America's most valuable home video is just an urban legend. From Reuters:

There is no "sex tape" involving pop star Britney Spears and estranged husband Kevin Federline, his lawyer said on Tuesday.

After Spears filed for divorce from the fledgling rapper this month, reports surfaced in the tabloid press that Federline had in his possession a videotape of the couple having sex and was considering making it public.

"There is not a sex video of Kevin and Britney in existence," said Federline's divorce lawyer, Mark Vincent Kaplan. Representatives for Spears had no immediate comment.

K-Fed really IS screwed -- and all because Britney wasn't.

(At least not on camera. Unless this publicist's nightmare counts).

There is no Britney sex tape, Federline's lawyer says [Reuters]
Britney Spears "STONED" acting strange UNCUT VERSION [YouTube]

ATL Public Service Announcement: Better Get a Prenup

britney spears britney_spears naked nude breasts above the law atl britney spears topless.JPGTo any single celebrities out there who happen to frequent legal gossip blogs, we offer you this piece of friendly advice: Before getting hitched, make your future spouse sign a prenup.

Sounds pretty obvious, right? But consider this, from Forbes's Prenup Primer:

Last week, Britney Spears filed for divorce from her two-year marriage to Kevin Federline, whose nickname has gone from "K-Fed" to "Fed-Ex." [A] day later, actors Reese Witherspoon and Ryan Phillippe also filed for divorce.

The difference between the two: Witherspoon did not have a prenuptial agreement, and Phillippe will likely have a claim to a substantial portion of her $60 million estimated net worth. The estimated $29 million in earnings from her next film may also be at stake -- her ex could get half.

But Spears did have a prenuptial agreement. In fact, it was a 60-page agreement that protects most of her estimated $100 million fortune. Britney could get away with paying Federline a measly $300,000, which he says he is owed, plus $30,000 a month for half the number of years they were married, which would amount to one year. That's pocket change for Britney.

More about the Britney Spears prenup, from the Daily Mail:

Britney even staged an elaborate sham wedding, again to protect her fortune.

The event, on September 18, 2004, in the modest back garden of a friend's house in the Los Angeles suburb of Studio City, was meant to be the "real thing." But with Federline yet to sign the pre-nup, a proper wedding could not go ahead.

So, with the paparazzi on her case, Britney decided to stage the "fake" wedding -- and drew up a watertight contract to ensure the ceremony was not legally binding.

The pair were then married for real in a secret ceremony on October 6 -- after Federline had signed the agreement that banned him from making any future claim against any assets his wife had prior to their marriage.

British newspapers are way more fun than ours. We love the colorful description of Spears's attorney, Laura Wasser, as "one of Hollywood's most ruthless lawyers."

For an impressively detailed analysis of the legal issues surrounding the timing of the Spears-Federline wedding(s) and prenup, check out Death and Taxes -- The Blog.

World Exclusive - Every detail of Britney Spears' pre nup and £65 million fortune [Daily Mail]
Divorce Docs Prove Britney Faked Her "Wedding" [TMZ.com]
Prenup Primer [Forbes]
Sometimes I Run, Sometimes I Hide, Sometimes I Blog About Britney and K-Fed [Death and Taxes - The Blog]
The Role of the Prenup in the Timing of Britney Spears' Divorce [TaxProf Blog]

Morning Docket: 11.09.06

Capitol building Above the Law Legal Blog 2.JPG* Democrats likely to officially declare victory today in the Senate; Allen "has no intention of dragging this out." [CNN; Election Law Blog]

* Thank you sir may I have another... .life sentence; Malvo gets life in Maryland. [CNN; Washington Post; Baltimore Sun]

* Another one bites the KCl in Texas. [CourtTV]

* KFed wants the kids, yo. I still say DFACS should take 'em. [AP via FindLaw]

* California sex offender law found temporarily blocked by judge one day after being approved on the ballot by voters. [AP via FindLaw]

Mark Vincent Kaplan: Lawyer to Layabout Lovers

cris judd chris judd kevin federline Above the Law Law Blog.JPGWhen we wrote about the Britney Spears-Kevin Federline divorce yesterday, we solicited interesting tidbits about Spears's high-flying divorce lawyer, Laura Wasser.

We haven't heard much about Wasser. But we did get this funny factoid about Federline's counsel, Mark Kaplan:

This is a great tip, if you have a good history of celebrity divorce: Federline's lawyer, Mark Vincent Kaplan, was CHRIS JUDD'S lawyer!!! I assume I don't need to explain to you why this is funny.

For those of you who do require explanation: Cris Judd is a dancer and actor, best known not for his professional accomplishments (whatever they might be), but for his failed marriage to Jennifer Lopez. Judd, a former backup dancer to J.Lo, was her second husband -- or possibly her third, if you believe those rumors of a brief marriage to David Cruz.

Family law practitioners in Hollywood tend to develop specialty niches. Some represent wealthy husbands, seeking to divorce their first wives with minimal financial pain. Some represent the jilted spouses, seeking to take their husbands for all they're worth. Some defend paternity suits brought against promiscuous celebrities.

And some Tinseltown divorce lawyers, like Mark Kaplan, represent future Trivial Pursuit answers.

BREAKING NEWS: BRITNEY & WHATSISNAME SPLIT [The Smart Patrol]

Earlier: Breaking: Britney Spears Files for Divorce!!!

Non-Sequiturs: 11.07.06

chelsea clinton nude naked topless above_the_law.JPG* It's becoming a trend. Another member of the bar takes his own life after being accused of sexual misconduct. [New York Times]

* Let’s keep it light, shall we? Yup, Britney has finally wised up. The bad news is that she lost her lawsuit against US Magazine; the court held that Britney asked for it. No word on what the judge thought of that other infamous video. [Defamer]

* Will feckless music heirs, like Hugh Grant’s character in About a Boy, actually have to get jobs? Even though Courtney Love recently sold part of her stake in Nirvana's song catalog, I think Frances Bean is still pretty safe. [Lessig Blog]

* Take a cue from Chelsea Clinton, who was up and ready to vote before 6 a.m. today! Wow, celebrities ARE just like us. (Well, no, not like me, since I, like most BigLaw attorneys, straggle in, like, around 10 a.m.) [Empire Zone]