Living Wills and New York State

During the controversial events surrounding the life and death of Terri Shiavo a beautiful young girl who became the talk of the country, the discussion of Living Wills took center stage among news anchors and talking heads. The masses sought out lawyers to draft such documents on their behalf determined not to have their loved ones involved in such a battle. Family discussions and water cooler talk about the quality of life kept us all captivated fearing that at some point any of us might face certain issues. In my own experience many years prior my parents and aunts faced the issue of keeping my grandmother alive on life support though her brain no longer functioned her body would with help. Almost 20 years after that my husband and his family faced a similar choice. The difference between the cases involved the existence of a Living Will. However, the existence of the document turned out not to be the magic wand that freed the signor from this world. The State of New York reserves the right not to accept a Living Will. In this state it merely exists as "evidence" of the intent of the executor of the document. The hospital may still impose rules upon how the document will be utilized and religious hospitals; namely Catholic hospitals reserve the right not to allow it any credence at all. In cases involving brain death even if a Living Will exists and the agent gives authority to "pull the plug" (a misnomer by the way, it is usually a tube which is taken out of the patient; not a plug which is removed from the wall). Three doctors must confirm the diagnosis of brain death before the wishes of the family and or the individual will be honored. This can take anywhere from one to two days to accomplish depending on the schedules of the doctors. Should one have a living will in New York? Well, of course the choice is individual but.. it can't hurt.

Living Wills and New York State

During the controversial events surrounding the life and death of Terri Shiavo a beautiful young girl who became the talk of the country, the discussion of Living Wills took center stage among news anchors and talking heads. The masses sought out lawyers to draft such documents on their behalf determined not to have their loved ones involved in such a battle. Family discussions and water cooler talk about the quality of life kept us all captivated fearing that at some point any of us might face certain issues. In my own experience many years prior my parents and aunts faced the issue of keeping my grandmother alive on life support though her brain no longer functioned her body would with help. Almost 20 years after that my husband and his family faced a similar choice. The difference between the cases involved the existence of a Living Will. However, the existence of the document turned out not to be the magic wand that freed the signor from this world. The State of New York reserves the right not to accept a Living Will. In this state it merely exists as "evidence" of the intent of the executor of the document. The hospital may still impose rules upon how the document will be utilized and religious hospitals; namely Catholic hospitals reserve the right not to allow it any credence at all. In cases involving brain death even if a Living Will exists and the agent gives authority to "pull the plug" (a misnomer by the way, it is usually a tube which is taken out of the patient; not a plug which is removed from the wall). Three doctors must confirm the diagnosis of brain death before the wishes of the family and or the individual will be honored. This can take anywhere from one to two days to accomplish depending on the schedules of the doctors. Should one have a living will in New York? Well, of course the choice is individual but.. it can't hurt.

Spring, The Real Estate Market and Restaurant Week

I love the summertime. I love walking around in my sandals making sure my feet are perfectly pedicured; In fact I buy a special pair of sandals I can wear to court. Most old timers will recall there was a time when the court houses closed for vacation the entire month of August and most of July for that matter. Judges and lawyers took vacations and we were off almost like teachers, leaving early and arriving late to the office. No trials were ever set for the summer and at least here in Suffolk County, the legal world slowed down to RPM 33. I know I date myself with these recollections,but I still resent being forced to go to court in the summertime. Every summer I stage my silent protest, by not wearing nylons to court and sporting sun dresses with a jacket and dress sandals. Please! Daring for me began when I started wearing red nail polish instead of the muted colors I once wore. As I age,however, I grow more comfortable with myself and push the envelop probably in ways only I can appreciate! Springtime however, has always been my favorite season. The flowers bloom; love and divorce are in the air and the real estate market usually picks up. During this season the East End of Long Island beckons me in ways only a fellow lover of fine cuisine can appreciate. While NYC clearly holds the title for most diversity in dining, the East End has succeeded in my opinion in putting together some fine eateries which rival the west any day. Restaurant Week in the Hamptons designed to bring the crowds out east before the heat of the sun draws those seeking out the Beverly Hills of the right coast; has always been one of my favorite events. As a native Long Islander I try to participate as often as I can, trying as many restaurants as I can within the week. In that I am now in a mode where I will only drink Long Island Wines, the restaurants participating out east usually showcase the local vineyards. The regions of France used to be my favorite growers of the grape, until the French did their best to piss off every American in the country. I then switched to the Italians, who of course are always close to my heart. Over the past 2 years or so my husband and I have been experimenting with the Long Island wineries. We have visited and tasted many and certainly have our favorites. Also awakening this season are the real estate investors who have been in hibernation. After a long slow winter of sales and outrageous real estate prices, we are being told that the market is on the move again and that as usual the warmer weather has stimulated interest in real estate. While February produced a record low in real estate sales, my broker friends are telling me about an increase in activity and interest again as the perennials peak out from their flower beds, the real estate speculators and buyers are out again. Accordingly, we may see some slight decreases in prices as sellers vie for the purchasers who have been absent all winter. AAh...Talking real estate over a glass of wine out in the Hamptons...The end of the island you say? We natives call it only the beginning...Happy Spring!

Spring, The Real Estate Market and Restaurant Week

I love the summertime. I love walking around in my sandals making sure my feet are perfectly pedicured; In fact I buy a special pair of sandals I can wear to court. Most old timers will recall there was a time when the court houses closed for vacation the entire month of August and most of July for that matter. Judges and lawyers took vacations and we were off almost like teachers, leaving early and arriving late to the office. No trials were ever set for the summer and at least here in Suffolk County, the legal world slowed down to RPM 33. I know I date myself with these recollections,but I still resent being forced to go to court in the summertime. Every summer I stage my silent protest, by not wearing nylons to court and sporting sun dresses with a jacket and dress sandals. Please! Daring for me began when I started wearing red nail polish instead of the muted colors I once wore. As I age,however, I grow more comfortable with myself and push the envelop probably in ways only I can appreciate! Springtime however, has always been my favorite season. The flowers bloom; love and divorce are in the air and the real estate market usually picks up. During this season the East End of Long Island beckons me in ways only a fellow lover of fine cuisine can appreciate. While NYC clearly holds the title for most diversity in dining, the East End has succeeded in my opinion in putting together some fine eateries which rival the west any day. Restaurant Week in the Hamptons designed to bring the crowds out east before the heat of the sun draws those seeking out the Beverly Hills of the right coast; has always been one of my favorite events. As a native Long Islander I try to participate as often as I can, trying as many restaurants as I can within the week. In that I am now in a mode where I will only drink Long Island Wines, the restaurants participating out east usually showcase the local vineyards. The regions of France used to be my favorite growers of the grape, until the French did their best to piss off every American in the country. I then switched to the Italians, who of course are always close to my heart. Over the past 2 years or so my husband and I have been experimenting with the Long Island wineries. We have visited and tasted many and certainly have our favorites. Also awakening this season are the real estate investors who have been in hibernation. After a long slow winter of sales and outrageous real estate prices, we are being told that the market is on the move again and that as usual the warmer weather has stimulated interest in real estate. While February produced a record low in real estate sales, my broker friends are telling me about an increase in activity and interest again as the perennials peak out from their flower beds, the real estate speculators and buyers are out again. Accordingly, we may see some slight decreases in prices as sellers vie for the purchasers who have been absent all winter. AAh...Talking real estate over a glass of wine out in the Hamptons...The end of the island you say? We natives call it only the beginning...Happy Spring!

CHILDREN OF THE HEART

I found the love of my life 4 days before my 40th birthday. We celebrated my birthday together at a beautiful Georgian Restaurant overlooking the Moscow River while a strolling violinist regailed us with beautiful Russian chamber music. Yes, my husband was there as well, and No, he wasn't jealous; he was also in love. We had just found the child of our hearts. My daughter was born in a town 2 &1/2 hours (by plane) outside of Moscow called Saratov. We spent 3 days visiting her in the hospital orphanage where we traveled 3 hours one way by taxi from our hotel, which sat along side the scenic Volga River. We dined on caviar and sturgeon every evening (it is incredibly cheap there) and drank the most fabulous vodka( I needed the 12 step program upon our return!)and learned to toast like native Russians. We sapped up the culture and memorialized as much as we could in pictures and videos and kept pinching each other to make sure that this was all real. We visited beautiful churchs and learned Russian history but only my husband was able to "master" the language. I smiled sweetly, nodded a lot and attempted "please" and "thank you" when necessary. Mind you, I was the one prior to our trip,listening to the tapes and videos paying a fortune for the Rosetta Stone series, but my romance language trained brain and heritage kept trying to make non phonetic words come out phonetically. My husband grabbed a travel dictionary and he was off and running, locating important spots such as bathrooms,restaurants and museums,impressing the Russians with his efforts. The Russian people are warm and personalble and truly love Americans. They appreciate our styles and admire our culture. In order to finalize the adoption we had to appear in a Russian courtroom and address the judge. I was terrified until our translator advised me that a NY lawyer was much more intimidating to a Russian judge and that I should just relax. Female attorneys were there to plead our case to the judge telling him in Russian why we needed to get back to the States as soon as possible in order to facilitate the healthcare needs of the child. At the time we were unaware, but my daughter was suffering from a double ear infection and a parasite known as Giardia had made its way into her intestines and was wreaking its havoc throughout her bowls. The judge asked us to make a personal statement and after I spoke, he was amused that in each case that morning, it had been the wife who had spoken on behalf of each couple while the husbands stood there in silent support. The judge waived the two week wait period and allowed all of the couples that morning to return to the States with their children as soon as the visas were obtained. The ensuing days involved a lot of rushing around to get passport pictures and a passport for my daughter as well as obtaining the all important visas back to the United States. The adoption agency passes you brown envelop with express orders not to let anyone open it until you arrive in the States. Not knowing the contents but assuming it is immigration paperwork and not understanding the consequences of any prior opening(and at that point not really caring to find out) turns this already tension filled return trip into a movie thriller. None of the Russian immigration agents was interested in the envelop and apparently they were well aware of its importance in the United States, so we passed through the always frightening international immigration process unscathed. There is a direct flight from Moscow to JFK, NY, known as the hell flight. It is regularly used by adoptive parents returning home with their children. More often than not the children are cranky,and or ill which involves 12 hours of screaming, crying and aisle walking in an attempt to sooth these youngsters so overwhelmed and frightened by all this travel and other ailments. We had been advised that upon landing at JFK our children would be American citizens. There was not a dry eye on that plane as each parent kissed their child as we disembarked from the plane onto American soil. The wonderful immigration employees greeted each family and child with a Welcome Home smile and greeting, causing us all to once again remember why we are so proud to call ourselves Americans. We re-adopted my daughter a few months later in our local family court more out of convenience than necessity. Now we can easily obtain any birth records from Albany as opposed to writing to Saratov Russia. We have saved all our documents and pictures and my daughter is well aware that she was born in Russia and that she was waiting there for us. At six years old however, the concept of Russia is a little complex for her. Just when I think she understands where it is ( yes we have showed her a map and a globe) she will point to the towers at the university of Stony Brook and ask if that is Russia! The road which led us to our daughter and the concept of adoption was difficult, but now I understand that it was all meant to be. My husband still shakes his head when he looks into her eyes, and sees my eye color and her hair which is the exact shade as mine. More importantly, he shakes his head harder as she claps her hands to get his attention demanding his actions immediately.......yes, he says just like her mother.
Today is my daughter's sixth birthday.....Happy Birthday Baby...

CHILDREN OF THE HEART

I found the love of my life 4 days before my 40th birthday. We celebrated my birthday together at a beautiful Georgian Restaurant overlooking the Moscow River while a strolling violinist regailed us with beautiful Russian chamber music. Yes, my husband was there as well, and No, he wasn't jealous; he was also in love. We had just found the child of our hearts. My daughter was born in a town 2 &1/2 hours (by plane) outside of Moscow called Saratov. We spent 3 days visiting her in the hospital orphanage where we traveled 3 hours one way by taxi from our hotel, which sat along side the scenic Volga River. We dined on caviar and sturgeon every evening (it is incredibly cheap there) and drank the most fabulous vodka( I needed the 12 step program upon our return!)and learned to toast like native Russians. We sapped up the culture and memorialized as much as we could in pictures and videos and kept pinching each other to make sure that this was all real. We visited beautiful churchs and learned Russian history but only my husband was able to "master" the language. I smiled sweetly, nodded a lot and attempted "please" and "thank you" when necessary. Mind you, I was the one prior to our trip,listening to the tapes and videos paying a fortune for the Rosetta Stone series, but my romance language trained brain and heritage kept trying to make non phonetic words come out phonetically. My husband grabbed a travel dictionary and he was off and running, locating important spots such as bathrooms,restaurants and museums,impressing the Russians with his efforts. The Russian people are warm and personalble and truly love Americans. They appreciate our styles and admire our culture. In order to finalize the adoption we had to appear in a Russian courtroom and address the judge. I was terrified until our translator advised me that a NY lawyer was much more intimidating to a Russian judge and that I should just relax. Female attorneys were there to plead our case to the judge telling him in Russian why we needed to get back to the States as soon as possible in order to facilitate the healthcare needs of the child. At the time we were unaware, but my daughter was suffering from a double ear infection and a parasite known as Giardia had made its way into her intestines and was wreaking its havoc throughout her bowls. The judge asked us to make a personal statement and after I spoke, he was amused that in each case that morning, it had been the wife who had spoken on behalf of each couple while the husbands stood there in silent support. The judge waived the two week wait period and allowed all of the couples that morning to return to the States with their children as soon as the visas were obtained. The ensuing days involved a lot of rushing around to get passport pictures and a passport for my daughter as well as obtaining the all important visas back to the United States. The adoption agency passes you brown envelop with express orders not to let anyone open it until you arrive in the States. Not knowing the contents but assuming it is immigration paperwork and not understanding the consequences of any prior opening(and at that point not really caring to find out) turns this already tension filled return trip into a movie thriller. None of the Russian immigration agents was interested in the envelop and apparently they were well aware of its importance in the United States, so we passed through the always frightening international immigration process unscathed. There is a direct flight from Moscow to JFK, NY, known as the hell flight. It is regularly used by adoptive parents returning home with their children. More often than not the children are cranky,and or ill which involves 12 hours of screaming, crying and aisle walking in an attempt to sooth these youngsters so overwhelmed and frightened by all this travel and other ailments. We had been advised that upon landing at JFK our children would be American citizens. There was not a dry eye on that plane as each parent kissed their child as we disembarked from the plane onto American soil. The wonderful immigration employees greeted each family and child with a Welcome Home smile and greeting, causing us all to once again remember why we are so proud to call ourselves Americans. We re-adopted my daughter a few months later in our local family court more out of convenience than necessity. Now we can easily obtain any birth records from Albany as opposed to writing to Saratov Russia. We have saved all our documents and pictures and my daughter is well aware that she was born in Russia and that she was waiting there for us. At six years old however, the concept of Russia is a little complex for her. Just when I think she understands where it is ( yes we have showed her a map and a globe) she will point to the towers at the university of Stony Brook and ask if that is Russia! The road which led us to our daughter and the concept of adoption was difficult, but now I understand that it was all meant to be. My husband still shakes his head when he looks into her eyes, and sees my eye color and her hair which is the exact shade as mine. More importantly, he shakes his head harder as she claps her hands to get his attention demanding his actions immediately.......yes, he says just like her mother.
Today is my daughter's sixth birthday.....Happy Birthday Baby...

THEY'RE IN THE BLOG

The Newsday article today in the part 2 section really gave credence to everything I have recently been preaching to my family, friends and just about anyone who would listen about my newfound pastime. I am addicted to the blog. I love writing in it, reading other blogs,surfing and linking my way through web-links and blog-links. I read blogs from anonymous writers and those interested in getting my business. I read blogs that educate, entertain and make me think. This new fascination I have is rooted of course in trying to expand my career horizons, but it has seemed to have evolved into more. As the article indicates blogging can sometimes be the way to fame and fortune. Although I can't ever see myself adding a webcam to this blog; one industrious young lady got herself quite widely known for such antics. Another young lady, a lawyer in fact, quit her law firm and hooked up with a publisher she met through her blog and now writes for a living. The truth be told if any publisher found my writing interesting and wanted me to drop the law and write for a living, it would be something I would do in a heart beat. Yes, I have fantasies about being the guest writer on "Oprah" after she picked my book for her book club. Woman to woman we talk about all the things I have written about and Oprah praises me for being wife, mother, lawyer and writer all in one. Wow! She thinks I'm so fantastic!! I know we all feel that we have the Great American Novel within us and most of us have at least one or two unfinished "works of art" right on our computers; but folks, I know I am destined for Oprah's couch...(so to speak...And not to jump upon)! So listen up out there.....All publishers interested in an all around great catch of a writer(" Put me in coach, I'm ready to play....today...")....Keep reading right here, you won't be disappointed. I'll try to write again between car pools and trials. Oprah, stay on the air until I get there....It may be a while, I have a 16 year old who wants his permit and driving lessons; a 6 year old who needs her pinata filled for her birthday party, some chili in the crockpot......

THEY'RE IN THE BLOG

The Newsday article today in the part 2 section really gave credence to everything I have recently been preaching to my family, friends and just about anyone who would listen about my newfound pastime. I am addicted to the blog. I love writing in it, reading other blogs,surfing and linking my way through web-links and blog-links. I read blogs from anonymous writers and those interested in getting my business. I read blogs that educate, entertain and make me think. This new fascination I have is rooted of course in trying to expand my career horizons, but it has seemed to have evolved into more. As the article indicates blogging can sometimes be the way to fame and fortune. Although I can't ever see myself adding a webcam to this blog; one industrious young lady got herself quite widely known for such antics. Another young lady, a lawyer in fact, quit her law firm and hooked up with a publisher she met through her blog and now writes for a living. The truth be told if any publisher found my writing interesting and wanted me to drop the law and write for a living, it would be something I would do in a heart beat. Yes, I have fantasies about being the guest writer on "Oprah" after she picked my book for her book club. Woman to woman we talk about all the things I have written about and Oprah praises me for being wife, mother, lawyer and writer all in one. Wow! She thinks I'm so fantastic!! I know we all feel that we have the Great American Novel within us and most of us have at least one or two unfinished "works of art" right on our computers; but folks, I know I am destined for Oprah's couch...(so to speak...And not to jump upon)! So listen up out there.....All publishers interested in an all around great catch of a writer(" Put me in coach, I'm ready to play....today...")....Keep reading right here, you won't be disappointed. I'll try to write again between car pools and trials. Oprah, stay on the air until I get there....It may be a while, I have a 16 year old who wants his permit and driving lessons; a 6 year old who needs her pinata filled for her birthday party, some chili in the crockpot......

HAPPY SAINT JOSEPH'S DAY
On March 19th in New York City, people from Sicily, Campobasso, Molise, and Riccia, and their descendents celebrate the feast day of St. Joseph. Occurring, as it does, during the penitential season of Lent, this holy day was always treasured as a welcome break from "fast and abstinence" solemnity when indulgence in extravagant (albeit vegetarian) traditional dishes was the custom.

Since mid-March in NYC is still bleak winter [unlike balmy mid-March in
southern Italy], this celebration is even more cherished. March 19th's holiday
promises spring's renewal is not far away --

As I researched this holiday (which is admittedly close to my Sicilian heart)I decided to type into google "Saint Joseph" and "Divorce." I came up with a list of lawyers in Saint Joseph, Missouri(I didn't know there was such a place). I also discovered in my research that there is a high concentration of Sicilian immigrants in New Orleans and that most of the Italian immigrants from Naples came to NYC. Apparantly my grandparents were slightly off the mark and landed with the Neopolitans. Holidays and Feast days allow us to search our roots and traditions and hold them dear with memories of our families. I hope my children remember these traditions we try to pass on to them because as wonderful as the melting pot is, it is always nice to have some spice in the broth! Buona Festa San Giuseppi a tutta!!

HAPPY SAINT JOSEPH'S DAY
On March 19th in New York City, people from Sicily, Campobasso, Molise, and Riccia, and their descendents celebrate the feast day of St. Joseph. Occurring, as it does, during the penitential season of Lent, this holy day was always treasured as a welcome break from "fast and abstinence" solemnity when indulgence in extravagant (albeit vegetarian) traditional dishes was the custom.

Since mid-March in NYC is still bleak winter [unlike balmy mid-March in
southern Italy], this celebration is even more cherished. March 19th's holiday
promises spring's renewal is not far away --

As I researched this holiday (which is admittedly close to my Sicilian heart)I decided to type into google "Saint Joseph" and "Divorce." I came up with a list of lawyers in Saint Joseph, Missouri(I didn't know there was such a place). I also discovered in my research that there is a high concentration of Sicilian immigrants in New Orleans and that most of the Italian immigrants from Naples came to NYC. Apparantly my grandparents were slightly off the mark and landed with the Neopolitans. Holidays and Feast days allow us to search our roots and traditions and hold them dear with memories of our families. I hope my children remember these traditions we try to pass on to them because as wonderful as the melting pot is, it is always nice to have some spice in the broth! Buona Festa San Giuseppi a tutta!!

HAPPY SAINT PATRICK'S DAY

To all of us who celebrate this holiday though we may only be Irish in our hearts but have been told by our immigrant Italian grandparents that St. Patrick was actually St. Pasquale and he was in fact Italian! To my children who believe they are one quarter Mexican because we also celebrate Cinqo de Mayo! To all of us who just love to celebrate! Enjoy!

HAPPY SAINT PATRICK'S DAY

To all of us who celebrate this holiday though we may only be Irish in our hearts but have been told by our immigrant Italian grandparents that St. Patrick was actually St. Pasquale and he was in fact Italian! To my children who believe they are one quarter Mexican because we also celebrate Cinqo de Mayo! To all of us who just love to celebrate! Enjoy!

It's All About The Money Honey....


We call it Divorce Mediation but we should call it financial re-organization. After all the emotion is put aside we are talking dollars and cents. "As long as I can keep my pension.." was the old male adage usually surrendering the house to the wife in exchange. Of course that was before the real estate boom and the market downturn. The dynamics are different now during negotiations but the rules are the same. The problem is to get the clients to realize it is "all about the money..." Mediation becomes a therapy session where each party needs to "vent" their gripes about their spouse. If I hear it is for "the principle" one more time I will scream! It isn't the principle it is "THE MONEY!!!!!!" Settle it here or spend more of your marital funds later. How do I know when I am doing a good job in a mediation? Neither party is happy. If I have one smiling and one grimacing we might as well go back to square one. The mantra of one of my paralegals is "Mandatory therapy for all matrimonial clients." I am hardpressed to disagree with her. The beat goes on as they say...but the message remains the same.....

It's All About The Money Honey....


We call it Divorce Mediation but we should call it financial re-organization. After all the emotion is put aside we are talking dollars and cents. "As long as I can keep my pension.." was the old male adage usually surrendering the house to the wife in exchange. Of course that was before the real estate boom and the market downturn. The dynamics are different now during negotiations but the rules are the same. The problem is to get the clients to realize it is "all about the money..." Mediation becomes a therapy session where each party needs to "vent" their gripes about their spouse. If I hear it is for "the principle" one more time I will scream! It isn't the principle it is "THE MONEY!!!!!!" Settle it here or spend more of your marital funds later. How do I know when I am doing a good job in a mediation? Neither party is happy. If I have one smiling and one grimacing we might as well go back to square one. The mantra of one of my paralegals is "Mandatory therapy for all matrimonial clients." I am hardpressed to disagree with her. The beat goes on as they say...but the message remains the same.....

Legally Blond and Lovin' It!

Surfing on the net I discovered some great legal minds dishing and tossing some war stories. I have been obsessed by the law for as long as I can remember, reading every Grisham novel, knowing so much of it was fantasy, but loving the law all the same. One of the greatest days of my life was traveling to Washington DC to get admitted into the US Supreme Court. Standing on the front steps with my children taking pictures and closing my eyes to keep the memory. No, I wasn't dressed in pink but this blond was awe struck just the same, feeling giddy around so much history. Forgetting that the Supreme Court is actually the third branch of government until you are asked to divest yourself of all of your belongings and file through a metal detector before entering the sanctuary of the court. Though I doubt that I will ever argue a case there, the thought of knowing that as an attorney I now have that right, places me in some very inspiring company. To Legally Blond at http://blondejustice.blogspot.com whose blog I so enjoyed discovering today, I hope that when you are in your 20th year of practice as I am coming upon, that you still enjoy the experience and continue to share your stories.

Legally Blond and Lovin' It!

Surfing on the net I discovered some great legal minds dishing and tossing some war stories. I have been obsessed by the law for as long as I can remember, reading every Grisham novel, knowing so much of it was fantasy, but loving the law all the same. One of the greatest days of my life was traveling to Washington DC to get admitted into the US Supreme Court. Standing on the front steps with my children taking pictures and closing my eyes to keep the memory. No, I wasn't dressed in pink but this blond was awe struck just the same, feeling giddy around so much history. Forgetting that the Supreme Court is actually the third branch of government until you are asked to divest yourself of all of your belongings and file through a metal detector before entering the sanctuary of the court. Though I doubt that I will ever argue a case there, the thought of knowing that as an attorney I now have that right, places me in some very inspiring company. To Legally Blond at http://blondejustice.blogspot.com whose blog I so enjoyed discovering today, I hope that when you are in your 20th year of practice as I am coming upon, that you still enjoy the experience and continue to share your stories.

AnnaNicole,Blackberries and No Fault Divorce?

The US Supreme Court has taken on some interesting questions this term, some of which may have an impact on the average citizen. Though I thought about entering the modern age of Blackberry; I decided to hang on to my latest bit of technology now deemed a dinosaur,called the Palm Pilot, awaiting the court's decision on Blackberries continued usage. The thought of waking one morning to a blank screen erasing my life was enough to scare me into remaining behind the times. It was only a little over a year ago that I let go of my age old paper diary amidst the haggling by my fellow colleague's in the court house, who now live in fear of having to utilize their cell phones at any given moment to direct them to their next appointment.
The other case of some notoriety before the court involves Anna Nicole Smith. The age old controversy between The Feds and The State comes to life in this sexy made for TV movie. Whose ruling is mightier? The Bankruptcy Court or the State Probate Court is the question that is asked. Considering the newly conservative bent of the court this should have been considered a slam dunk for state's rights ,however, the case of Bush versus Gore(or was it Gore versus Bush) showed us that the Supreme Court quickly overruled the Florida Supreme Court's rule regarding their own elections leading some to believe they ultimately decided the Presidential election.
On to another thought; why doesn't some well meaning citizen challenge the state laws on fault and divorce? Only eight states still require some form of fault in order to proceed with a divorce with Louisiana purporting to now have a no fault provision requiring a 180 day waiting period. The District of Columbia, Maryland, New Jersey, New York, North Carolina, South Carolina and Virginia remain the only states requiring divorcing spouses to feud it out over who should take the blame for the failure of the marriage. It would seem that these well intentioned states are misinformed as to the fact that making it easier to divorce does not lead to a greater divorce rate. Finding fault and adding to what is already hostile litigation is cruel and unusual. Why not take on these states and put them in line with the rest of the country? It is for the good of the people. That is somewhere in the our constitution isn't it?

AnnaNicole,Blackberries and No Fault Divorce?

The US Supreme Court has taken on some interesting questions this term, some of which may have an impact on the average citizen. Though I thought about entering the modern age of Blackberry; I decided to hang on to my latest bit of technology now deemed a dinosaur,called the Palm Pilot, awaiting the court's decision on Blackberries continued usage. The thought of waking one morning to a blank screen erasing my life was enough to scare me into remaining behind the times. It was only a little over a year ago that I let go of my age old paper diary amidst the haggling by my fellow colleague's in the court house, who now live in fear of having to utilize their cell phones at any given moment to direct them to their next appointment.
The other case of some notoriety before the court involves Anna Nicole Smith. The age old controversy between The Feds and The State comes to life in this sexy made for TV movie. Whose ruling is mightier? The Bankruptcy Court or the State Probate Court is the question that is asked. Considering the newly conservative bent of the court this should have been considered a slam dunk for state's rights ,however, the case of Bush versus Gore(or was it Gore versus Bush) showed us that the Supreme Court quickly overruled the Florida Supreme Court's rule regarding their own elections leading some to believe they ultimately decided the Presidential election.
On to another thought; why doesn't some well meaning citizen challenge the state laws on fault and divorce? Only eight states still require some form of fault in order to proceed with a divorce with Louisiana purporting to now have a no fault provision requiring a 180 day waiting period. The District of Columbia, Maryland, New Jersey, New York, North Carolina, South Carolina and Virginia remain the only states requiring divorcing spouses to feud it out over who should take the blame for the failure of the marriage. It would seem that these well intentioned states are misinformed as to the fact that making it easier to divorce does not lead to a greater divorce rate. Finding fault and adding to what is already hostile litigation is cruel and unusual. Why not take on these states and put them in line with the rest of the country? It is for the good of the people. That is somewhere in the our constitution isn't it?