Should Your Divorce Go To Trial

On Friday, I was sure that I was going to spend the entire day in a divorce trial; my first in a quarter century of practice. Didn't happen.Why? Because trial in divorce rarely makes sense. This case, in Genesee County, had it all: a GAL for the minor children; a joint bankruptcy in the middle of the proceedings; two [failed] mediation sessions; motions from each side, jousting for the entry of temporary support and parenting orders.The case was positioned for trial because both sides held onto rigid positions on many of the issues important in any divorce proceeding: custody, parenting time, child support, alimony and debt apportionment. My law clerk, a third year student at Wayne State, prepared an excellent trial brief; she had compiled...

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Posted in: divorce,divorce lawyer,divorce settlement,family law,Genesee County Family Court,Judge Kay Behm

RadioShack Stung in Privacy Suit

Say it ain't so.  RadioShack may have hacked.In an interesting privacy rights law suit being prosecuted right here in Detroit, in the U.S. District Court for the Eastern District of Michigan, Radio Shack just lost its motion for Rule 12b(6) summary judgment.  The case, pending before Judge Victoria Roberts, now heads to trial.The claim is that a RadioShack customer purchased a new cell phone and had his data transferred at a RadioShack store; the old phone was to be recycled.  A RadioShack employee allegedly accessed the images on the customer's old phone, saw some apparently objectionable pics from the customer taken at his place of employment, and in a "Big Brother"-like maneuver, sent the pics to the customer's employer.The...

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Posted in: Judge Victoria Roberts,privacy,privacy rights,RadioShack

Social Media Presentations for Lawyers Are In Demand

With Lynn Krauss, PresidentMidland County Bar AssociationOver the past several years, I have had the opportunity to address various bar organizations and industry groups on the topics of marketing and legal issues emerging within the social media context.  Lately, my bookings for such presentations have increased.Lawyers now want to know how to market their wares electronically, and how to avoid the pitfalls.Yesterday, I presented to the Midland County Bar Association.  They hold their monthly meetings in the spacious, and just-built, clubhouse at the Midland Country Club. As bar association meetings go, it was a well-attended event.  The MCBA's Treasurer, Eric Larsen, attributed this to the topic he arranged: social medial marketing...

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Posted in: Attorney Barb Krauss,Attorney Eric Larsen,Avvocating 2012,Dow Corporation,general practice attorney,Midland County Bar Association,social media

Narcissus Gets a Divorce

Narcissus admires his reflection.In my decades of divorce practice, I've encountered folks who, if a psychological evaluation was completed, would be characterized as having narcissistic personality disorder.  A few of these peeps have been clients; others have been on the opposing side.Either way, everyone involved is in for a rough ride.Over the past several years, "narcissism" has also taken on a connotation-du-jour.  The diagnosis being made by dime-store psychologists (i.e. parties to family court litigation) whenever the object takes an opposing or contrary view.  What is narcissim, really?According to the Mayo Clinic, narcissistic personality disorder is "characterized by dramatic, emotional behavior,...

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Posted in: divorce,divorce lawyer,family court,family law,family law lawyer,Mayo Clinic,narcissism,narcissistic personality disorder,Narcissus

Nagging Outstrips Adultery as Primary Engine of Divorce

Toward the end of last month, you may have noted the stir that a WSJ article caused over the issue of nagging and its toxic effect on marriages. The article concluded that nagging may have more potential to bust apart couples than adultery.As a divorce attorney in the third decade of practice, I’ve witnessed many clients complain about their spouse’s nagging; and about their cheating.  It is impossible to say which is more toxic to a marital union.Nagging, as a relationship dynamic, is all about a breakdown of communication, and an attempt to reassert control.  The article clearly stated that it was women who did the nagging while men were on the receiving end.  The “experts” interviewed for the article opined that this was because...

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Posted in: communication,divorce,Professor Howard Markman,Wall Street Journal