Friday, December 29, 2023

Lawyer Conduct Issues For The Family Lawyer

In a paper directed at family lasers, Bruce Campbell of Campbell & LeBoeuf P.C. in Texas addresses some of the common ares where lawyers can get themselves into trouble. These include:

  • Conflicts of interest
  • Sex, lies and and sleeping with clients and others
  • Suits for Fees
  • Failure to adequately represent
  • Failure to advise and the scope of representation
  • Negligent misrepresentation and after applying interest
  • Breach of fiduciary duty
  • Deceptive Trade Practices Act

Despite its prevalence, Campbell does not list outright criminal fraud but one can make the case this is at least partially covered in the Deceptive Trade Practices Act discussion. 

Tuesday, December 26, 2023

Male Sexual Victimization by Women In Britain

A new study examines male sexual victimization by women in Britain. Many people dismiss or simply do not believe women can be abusive or violent against men. Often women attacking men are a subject of comedy or outright approval. 

In the present sample, 71% of men experienced some form of sexual victimization by a woman at least once during their lifetime. Sexual victimization was significantly associated with anxiety, depression, and post-traumatic stress disorder. However, conformity to masculine gender norms was not a significant moderator between victimization and mental disorders. 
Scene from The Holiday

It always amazes me how difficult it is for people to put themselves in another's position. Such shallow thinking is perhaps the major reason for all the bad things which happen in our world. 

Sunday, December 17, 2023

Money Won't Solve It

Many people understand there is a crisis in family courts across the country. Unfortunately the solution many, often self-servingly, advocate is throwing more money into the system and hiring more people to work in it

This would only make the problem worse. 

The reality is family court judges barely work. The amount of time they spend in chambers is minuscule and most of their decisions are written by one of the attorneys in the case or a clerk. It is a complete myth they are overworked. 

As for the time they spend in so called deliberations, I suspect it is all done in the time it takes to drink a cup of coffee. 

Divorce attorneys have a similar lifestyle. Perhaps many of them really believe they work hard but I have never seem one who would survive a job requiring anything approaching real work. 

Many countries, most notable the Scandinavian ones, spend a small fraction of what we do on family courts yet are much more efficient and, most importantly, far more fair and just. We should just do what they do. 

Monday, December 11, 2023

Divorce Myths

From a law firm comes the The Top 9 Myths For Divorce In Minnesota.  


DIVORCE MYTH #1: MOM ALWAYS GETS THE KIDS

DIVORCE MYTH #2: COMMITTING ADULTERY MEANS YOU WILL LOSE EVERYTHING

DIVORCE MYTH #3: COMMITTING ADULTERY MEANS YOU WILL LOSE EVERYTHING

DIVORCE MYTH #4: TAKE THE MONEY AND RUN

DIVORCE MYTH #5: IF YOU LEAVE THE HOUSE, YOU LOSE IT

DIVORCE MYTH #6: YOU MUST FILE FOR DIVORCE IN THE STATE WHERE YOU WERE MARRIED

DIVORCE MYTH #7: PROPERTY DIVISION IS 50/50

DIVORCE MYTH #8: YOU NEED TO HIDE YOUR CRIMINAL HISTORY

DIVORCE MYTH #9: WHOEVER ASKS FOR THE DIVORCE HAS THE UPPER HAND

Yes, #3 is repeated - a mistake I presume.

It is an interesting read but pretty superficial in the end. The real challenge with divorces and family court is the prevalent corruption which exists. The primary purpose of family court is not fairness and equity, it is maximizing income for lawyers and others who make their living off it. 

Saturday, December 2, 2023

20 Reasons

From the Frank Report comes 20 Reasons: Destructive Family Court Is Money-Maker, Corrupt and Unmonitored.

All points are quite true and I'll wager most people are unaware of. 

1. “Family” courts are not courts of evidence or law. They are solely courts of equity.

2. So why do we allow “family” courts to hear cases involving claims of abuse and neglect?

3. “Family” courts are the only courts that do not read or inform you of your rights.

4. Because they want you to believe you have no rights and are subject to the whims of the state. (False.)

5. By most accounts, 86% of all parents in “family” court are Pro Se and can’t afford an attorney.

6. There is a vast difference between how Family Court handles low-income and high-income cases.

7. The more money to be made, the more conflict the “family” court will promote.

8. The states make money under SSA Title IV-D, forcing the separation of children from their parents.

With Title IV-D, the federal government pays the state grant money for every dollar of child support the state reports collecting to the federal government.

This provides a financial incentive even  for state courts to separate a child from one of the parents to force the payment of child support even where none is needed.

9. The Divorce Industry uses the false portrayal of ‘deadbeat’ or abusive dads to promote its agenda.

10. Hollywood perpetuates this myth.

11. The suicide rate for divorced men is 10x the national average.

12. The vast majority of divorce cases do not involve abuse or domestic violence.

13. Most claims of abuse or neglect do not start until after a divorce is filed and attorneys get involved.

14. There is no penalty for making false claims of abuse, engaging in open fraud, or perjury in our “family’ courts.

15. “Parental alienation.” or whatever people may wish to call it, is very real.

16. More money flows through our “family” courts than all other courts – combined.

17. Yet our “family” courts are subject to practically no checks or balances or audits for performance.

18. No “family” court judge or “family” court attorney has ever once been held accountable for flagrant and even criminal violations of law or rights in the State of CT.

19. The U.S. is home to more single-parent households than any other country on the planet.

20. The Divorce Industry has grown into a $60+ Billion industry over the past 20 years.