Senior Partner Ken Raggio made a presentation on the Pleasures and Pitfalls of Social Media and Other ESI at the Advanced Family Law Course in San Antonio. The course was attended this year by 1750 Texas Judges and lawyers. It is the largest annually held CLE presentation in the USA.
Raggio and his copresenter Kristal Thompson made points to help clients avoid being "stupid" when it comes to social media, as well as giving detailed information in his paper to help the lawyers avoid missteps in cases involving social media. (And there is virtually no case now that doesn't have some social media component or involvement nowadays!) The Powerpoint is here.Advanced_Family_Law_2014.pdf
Raggio has also lectured in other states and to the national Academy of Matrimonial Lawyers on Social Media and other Electronically Stored Information (ESI).
A California who placed a bug in the vehicle of an estranged spouse has gone to jail for that act... and others according to the American Bar Association Journal. But she also had, as they say--"Other Entanglements..."
A former California divorce lawyer who admitted bugging a car was sentenced on Monday to two years in prison for illegal eavesdropping and tax evasion.
Mary Nolan, 62, of Oakland pleaded guilty to charges of evading more than $400,000 in federal taxes and causing her staff to plant a listening device in the vehicle of “N.F.,” identified as a client’s estranged spouse by the Contra Costa Times and as a client’s ex-husband by the San Francisco Chronicle. Nolan gave up her law license and agreed to repay $469,000 in back taxes, according to an FBI press release.
Nolan was among the defendants caught up in the so-called “dirty DUI” scandal in which a private investigator hired alluring women to drink with the husbands of divorce clients at bars. The women would then invite the men to follow them in their cars, and police would be called to investigate a DUI.
A doctor said in court documents that Nolan suffered from post-traumatic stress disorder as a result of the deaths of her grandparents at a young age and her parents while in college, according to the Contra Costa Times report.
Lesson: Don't wiretap, pay your taxes, and don't run a scam.
The ABA Journal story is here.
Shareholder Ken Raggio competed at the Texas Senior Olympics in San Antonio this month. He and lifelong friend Dr. Paul Ellis were featured in a Park Cities News blog entry. Ken won the 400 meter dash in his age group, placed second in the 800 meter race, and was third in the 1,500. He will compete at the National Senior Olympics in Minnesota in 2015.
This blog usually highlights legal developments or interesting articles. This post is different--it's personal, I'm going to brag about my dad.
He's a runner, a stair-climber, a cyclist, a family lawyer, and a licensed (inactive) master plumber. My dad has been participating in the National and Texas Senior Games for years. He's won medals in the 400, 800, and 1500 meter races at the National Senior Games. He finished first in his age group climbing up the Empire State Building in 2012. Now, he's been recognized for his fitness accomplishments--and his callout for all of us to try to be more fit-- in the Texas Bar Journal's In Recess section. I'm proud of his accomplishments, in and out of the courtroom.
He's still at it. He won Gold, Silver and Bronze medals at the Texas Senior Olympics this past weekend in the 400M, 800M, and 1500M races
The article appears below, and here's a pdf download link to the whole In Recess on the State Bar's website.
Lawmakers in Massachusetts are considering a bill that would prohibit people from dating or having a sexual relationship within their home while they are going through the process of getting a divorce.
An Act relative to divorce, Bill S.787, was filed by State Sen. Richard Ross, a Republican from Wrentham, on behalf of former Wrentham Selectman Robert LeClair.
Under the legislation, couples going through proceedings that involve children and a marital home would not be allowed to conduct relationships within the home until the divorce was finalized and custody issues were resolved. The only exception would be if they received "express permission" from the courts.
Query: Does this mean such activity is to be precluded when the children are around? Or even when the children are in the other parents home for the entire summer?
Some Courts in Texas insert a "morality clause" into their orders that prohibits a parent from having someone with whom they have an intimate relationship stay at the house between the hours of 10 pm and 8 am.
So we'll see if Massachusetts follows.
See the article here.
Under the Texas Standard Possession Order, April 1st of each year is the deadline for the non-primary parent to designate his or her 30 day extended summer possession period. The standard possession order states that April 1st is the deadline for the non-primary parent to give written notice of the extended possession period to the primary parent.
Remember, the non-primary parent still has the same 1st, 3rd, and 5th weekends as during the school year. The extended summer possession time is additional, and must be exercised in two periods. Each possession period must be at least seven consecutive days long. An extended possession period must end at least seven days prior to the child resuming school, and cannot begin before the child's school has ended for summer vacation.
As always, refer to the court's final decree/order if there's any confusion.
A Federal Judge in Detroit yesterday struck down Michigan's 10 year old constitutional ban on gay marriage.
Since the U.S. Supreme Court struck down central provisions of the federal Defense of Marriage Act (DOMA) last year, Michigan joins a parade of states where Federal Courts have stricken down similar statutes or constitutional provisions, including Texas. The states, besides Texas and Michigan where gay marriage bans have been struck down are: Utah, Ohio, Oklahoma, Kentucky, Virginia, Illinois, and Tennessee.
The Michigan decision was particular critical of arguments by the State that gay parents somehow raised children that were "less" than those raised in traditional families, despite overwhelming scientific evidence to the contrary.
A news story is here.