Wednesday, August 28, 2024

Mark Ludwig On Family Court Corruption

Mark Ludwig's heartbreaking story - a highly accurate description of how family court really works. 

Thursday, August 22, 2024

A Lawyer Talks About Men, Family , & Divorce

I ran across this interesting view from a person who runs a law firm specializing in men's rights. 

Attorney Marilyn York owns a Men’s Rights Family Law Firm in Reno Nevada, established in 2001. She and her ten female employees focus on representing men for two reasons: 

1. As her talk explains, fathers are crucial in the upbringing and development of their children; and 

2. Fathers are the disadvantaged parent in family court and society and while the laws are improving, the statistics are not. 

There are currently more than 17,000,000 children growing up in America without their fathers and every year this number is growing. According to the Center for Disease Control, children from fatherless homes account for 90% of homeless and runaway children; 71% of high school dropouts and 63% of youth suicides. Listen to this talk to find out how you can help America's 17,000,000 fatherless children avoid these fates!  Marilyn D. York is a Men's Rights Divorce Attorney, licensed in California since 1998 and Nevada since 1999, where she is a Certified Family Law Specialist. Since 2001, Marilyn has owned her law firm in Reno, Nevada, where she and her 9 female employees specifically represent men in divorce and family law battles. Marilyn chose her career because of her passion for children and relationships but most of all, Marilyn is driven to help underdogs. While the laws are improving for men, not all laws are yet gender equal and the interpretation and enforcement of those that are, have a long way to go. 

Thursday, August 15, 2024

Lawyers Are Obligated To Report Attorney Misconduct

The Michigan Bar Journal has an article on reviewing the obligation to report potential misconduct

Although specific to Michigan, it is generally applicable to all states because state rules are generally in alignment as they are derived from the American Bar Association's model rules of professional conduct
I have discovered that many attorneys are unfamiliar with their obligations regarding reporting allegations of attorney misconduct. Lack of reporting is problematic for multiple reasons, including that failure to report may itself be professional misconduct. 
Failure to report when mandatory could result in a finding that the non-reporting lawyer engaged in misconduct. Most importantly, Michigan Rule of Professional Conduct (MRPC) 8.3(a) states: “A lawyer having knowledge that another lawyer has committed a significant violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the Attorney Grievance Commission.
One such violation is lying

Unfortunately it is extremely rare for a lawyer to report a fellow attorney for violations of the lawyers rules of professional conduct, even such serious ones as fraud like Nelly Wince committed. As one lawyer told me, they way it is supposed to work is not the way it works. This leads to massive injustice and, I may add, inefficiency and therefore huge costs for taxpayers. 

Friday, August 9, 2024

Rufus Choate

Today I bring you the interesting story of Rufus Choate, known as a pioneer of modern legal practices.

He is regarded as one of the greatest American lawyers of the 19th century, arguing over a thousand cases in a lifetime practice extending to virtually every branch of the law then recognized. Notably, he was one of the pioneers of the legal technique of arousing jury sympathy in tort cases. 

The U.S. has a strange legal system. To a large extent it is based on who can argue best not the facts in the case.  Choate's claim to fame is was his ability to get the jury or judge to sympathize with his client. Such sympathy can easily override the facts. And justice. 

The best way to elicit sympathy is to present the client as someone the jurors and judges can identify with. Thing like race, religion, social status, and ethnicity all work pretty well for this. So does occupation, especially when a judge rules on the actions of a lawyer

I like civil legal systems such used by Scandinavian countries where the law is more clear cut and less open to interpretation than in common law systems such as used by the U.S. Interpretation always reduces equity. Such systems also have the added benefit be being much less expensive for the countries taxpayers.  

Thursday, August 1, 2024

Societal Equality Reduces Violence Against Adolescent Women

In a study which surprises me not at all, The Lancet reports, Intimate partner violence against adolescent girls: regional and national prevalence estimates and associated country-level factors

Our findings highlight the widespread prevalence of intimate partner violence against adolescent girls across the globe and its relationship with country-level contextual factors. They emphasise the need for promoting and ensuring policies and programmes that increase and ensure gender equality. Countries should strive to provide secondary education for all girls, ensure equal property rights for women, eliminate discriminatory gender norms, and address harmful practices such as child marriage.


Unfortunately, many countries including the United States, do not have gender equality in law or societal gender norms.  We should have equal numbers of men and women in politics, business leadership, the trades, the military, the police, and every other segment there is. We should also have equality in the court room including equal punishment for equal crimes. And, of course, alimony payers should not be 98+ percent men. 

The issue goes beyond gender. We also need equality with respect to race, ethnic origin, religion, sexual preference, etc. 

And we need equality under the law for everyone, regardless of who they are. Lawyers such as Nelly Wince should not be able to openly profit from committing crime in the court room.