RSS FeedThe Other Google Spot, and Florida Divorce Attorneys
Google’s ad last night attracted quite a bit of attention.
Kenneth Corbin of Internet News said,
For Google, Super Bowl Sunday was something of a departure.
In the third quarter of the game, Google (NASDAQ: GOOG) aired a nearly full-minute ad promoting its search engine, marking one of the few television appearances for the company that rarely advertises and its first spot during a Super Bowl.
At it happens, the ad, “Parisian Love,” had been online for several months, posted on Google’s “Search Stories” page on YouTube where it has been viewed more than a million times.
Dan Goldgeier of AdPulp points out that so has this parody from Slate:
Florida divorce attorneys almost make the cut. Is Google trying to tell us something? Is Slate?
h/t Paull Young
The Unrepresented: An Update
A few weeks ago I posted a blog about the Unrepresented – those who can’t afford a lawyer and don’t qualify for legal aid. A few days ago I noticed an article in the Star about an initiative called justicenet that seeks to address this very problem. Through the efforts of Heidi Mottahedin, an internet-based service has been launched that connects people in need with socially conscious lawyers who are willing to work at a reduced rate.
I think that journalist Carol Goar is absolutely right when she suggests that this effort will be insufficient to deal with the enormous structural problem facing our legal system; however, Heidi Mottahedin deserves high praise for her efforts, as do the lawyers who are sacrificing income to be a part of justicenet.
Meanwhile, Legal Aid Ontario is planning to open a Family Law Services Centre in North York. No doubt this will be similar to the Family Law Information Centre at the London Superior Court, where those in need can get information about the law, shelters, counseling and mediation services in the area etc..
Family Law is an area where the lack of affordable legal help is particularly acute, and although the legal assistance provided at these service centres is limited, it is quite helpful nonetheless. A brief consultation will ensure that matters that don’t belong in court are redirected while matters that do belong in court are refined to exclude extraneous issues. The result is a more streamlined court system. At a lecture at Western Law a few weeks ago, Justice Harper expressed his desire for every court to have a Family Law Information Centre. He left me with the impression that he is working behind the scenes to try to make it happen.
Apparently there are people in the legal community doing the hard work to bring about change. If enough people step up to the plate, who knows? Maybe the problem of the unrepresented can be wrestled to the ground without resorting to harsher measures.
Collaborative Family Law v. The Hartshornes
Divorce litigation appears to be so wasteful. Precious money, time and emotional energy get consumed in battles that could be resolved so much more quickly through negotiation; and processes that promote settlement out of court like collaborative family law seem so obviously to be the better way.
However, while researching a paper on prenuptial agreements I happened upon the trials and tribulations of the Hartshornes. This is an extraordinary story – They disputed a prenuptial agreement all the way to the Supreme Court of Canada then fought about how to apply the decision, who gets the matrimonial home, how much to pay for the other party’s share of the home and finally over costs. All told they went to Court nine times over ten years.
It occurred to me that a collaborative process would have been very dissatisfying to this most combative couple. Although the notion that litigation should be avoided seems like such a reasonable point of view, it could be very patronizing to push this view on someone who is experiencing a painful marital breakdown and genuinely wants to fight.
No doubt lawyers who practice CFL are keenly aware of this, but the Hartshorne story makes the point so abundantly clear. It’s a monument to post-matrimonial melee. And to their credit, the Hartshornes fought with lawyers rather than fists … but I still scratch my head in amazement. Ten years in court to end a twelve-year marriage. Incredible.
The Unrepresented
A serious problem with the Ontario justice system that is overshadowed by the legal aid boycott is the enormous segment of the population that does not qualify for legal aid but can’t afford a lawyer. These are the unrepresented.
To understand the scope of the problem, one must appreciate that only those who earn approximately $8,000 a year or less qualify for legal aid. This is a shocking figure. Imagine a single mother with two children earning $16,000 who is embroiled in a bitter custody battle with a physically abusive dead-beat ex. In Ontario, she must pay her own legal bills while supporting herself and her family.
A recent article in the Globe and Mail highlights the efforts by Bay Street heavy-weight Heenan Blaikie to help the unrepresented in high risk communities in Toronto. Qualified candidates receive legal advice free of charge, the cutoff income for a family of four is $75,000 and associates can count their pro bono work as billable hours. This is generous and very commendable. Unfortunately this firm doesn’t have any family or criminal law lawyers, and this is where the need is most accute. None the less, Heenan Blaikie deserves high praise.
I doubt very much that a concerted effort to encourage pro bono work would be sufficient to alleviate the problem. Something larger needs to be done. Various members of the legal community are pushing for reforms, however a broader public awareness of the problem would definitely help to generate the political will necessary to bring about change.
Spousal misconduct and support payments
Doctor must support abusive husband
Here is another example of role reversal in families, and how the law reacts to it.
Kirk Makin writes for the Globe and Mail:
A Cambridge, Ont., doctor has been ordered to pay temporary spousal support of $6,000 a month to her ex-husband despite the fact that he assaulted her in 2007 and was ordered out of Canada.
The heavy hand of family law
Ontario’s “zero tolerance” policy on domestic violence has come into question following an unusual court case involving an Orangeville-area woman who was charged with assault after joking in emails that she could solve her marital problems with a gun, if only she could get one.
Alison Shaw, 40, was forced out of her home and ordered to stay away from her three children after her estranged husband claimed to have been “frightened” by the online missive, which followed what a judge described as a “one-punch bar fight” over a month earlier in an area Legion hall.
Definition of marriage again
‘Lola’ continues fight for common-law alimony
Judge Carole Hallee ruled against Lola last month, saying there wasn’t evidence unmarried partners were being discriminated against, and that to recognize all couples in a relationship of permanence as “married” would deny people the choice not to marry.
Children and the state
‘Where’s Ontario’s humanity?’ mom asks
Self-represented litigant punished for a ‘delaying tactic’
Father ordered to pay $20,000 punishment
(post sponsored by advicescene.com)
4 Things You Need to Tell Your Lawyer When Filing For a Divorce
This guest article is written by Kat Sanders, who regularly blogs on the topic of court reporter school online at her blog Court Reporter Schools. She welcomes your comments and questions at her email address: katsanders25@gmail.com.
It’s never easy to think of a divorce and plan the process, especially when you’re still emotional about it. You tend to use your heart rather than your head to make decisions, and this could end up hurting you and being detrimental to your best interests in the long run. When you’re filing for a divorce, you need to try and keep it as open and on the table as possible in order to avoid messy and long drawn out trials, but if you’re unable to reach a consensus with your spouse, it’s best to hire a lawyer who is well versed in dealing with divorce cases.
Once you decide to retain the services of an attorney, you need to make sure that you put all your cards on the table. In short, a few of the things you definitely need to be open with your lawyer are:
- The truth about the divorce: If your divorce has come about because of your infidelity or misbehavior, it’s best to tell your lawyer about it rather than to blame your spouse for all your marital troubles. Come clean about your affair without leaving anything out.
- Any skeletons in your closet: If there are any mistakes or misdemeanors (of the extra marital kind) in your past, you need to tell your lawyer about every single detail because you can bet your last dollar your spouse is going to be spilling all the facts and then some more to their attorney. Your attorney needs to know what kind of missiles he or she is likely to face in open court.
- Your relationship status with your kids: If you have children and are filing for sole or joint custody or asking for visitation rights, you need to tell your lawyer how close you are to your kids. The nature of your relationship could decide how the judge rules, so your attorney will need to take this aspect into consideration before arguing in court on your behalf.
- The presence of a significant other in your life: If you are seeing someone else on a regular basis or are in another serious relationship, it could hamper your chances of an amicable divorce or even one that does not rip you into pieces in court. It’s one thing to be involved in a fling that ended the marriage, but totally something else to be in a serious extra-marital relationship. Alimony and property division could be affected because of this factor.
The Post-Mortem Legal Battles of Michael Jackson
When the king (of pop or otherwise) dies, all the courtiers usually start scheming on how to get pieces of his estate.
Brian Oxman, the family’s lawyer, said,
We will have to see how that plays out in a court of law. I suspect that the death of Michael Jackson is only the beginning of the legal battles over not only his property, but also his children.
Jackson supposedly recorded over 100 songs for his kids that were only supposed to revealed after he died.
But after all of his debts are paid, there may not be much scraps left to fight over. His death may signal an end to confidentiality agreements, especially around his legal settlements, and there will be a lot more stories revealed.
Then there are the disputed reports that he converted to Islam recently. Some have indicated that removal of his body wrapped in white sheets may signal an Islamic funeral, something that some of his family and friends may object to given denials by his publicists of the conversion.
One thing that is not disputed is that his music reached the entire world, and everyone will be watching the trials to see what happens.
Your Facebook Status May be Used Against You in a Divorce
Next time think twice about breaking up with your partner on Facebook, or having too much fun when you’re in an unhappy marriage.
Gerry Oginski of the TechnoLawyer Blog gives Lee Rosen thumbs up for this well produced, educational video.
But it’s not just the clients who need to watch what they are saying these days. Brenda Hollingsworth and Richard Auger, the Ottawa Lawyers, said yesterday,
Noticed several people tweeting about their legal advice today, especially in family law cases. Bad idea.
The Ontario Bar Association is hosting an event next week on Evidence for Family Lawyers.
Speakers and chairs include The Honourable Mr. Justice Craig Perkins, Lorna M. Yates, Caroyn J. Jones, Jeffrey H. Wilson, Lorne Glass, Frank A. Mendicino, Pamela M. Krause, Thomas C. Dart, Burgar, Avra Rosen, Melanie Russell, Dr. Barbara Fidler, Child Psychologist, Harold Niman, Esq., Stacie R. Glazman, Andrew Feldstein, Jennifer A. Treloar, and Michael J. Polisuk.
There is even a judges panel, which includes The Honourable Mr. Justice R. John Harper, The Honourable Madam Justice Cheryl Robertson, The Honourable Madam Justice Kendra Coats, and The Honourable Mr. Justice Stanley B. Sherr.
Let’s hope someone brings these issues up in discussion.
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