Showing posts with label attorney-client relations. Show all posts
Showing posts with label attorney-client relations. Show all posts

Monday, March 10, 2008

Estranged evangelists meet, no resolution yet


By D. AILEEN DODD
The Atlanta Journal-Constitution
Published on: 03/10/08

National evangelist Juanita Bynum on Monday finally met with her estranged husband, Bishop Thomas W. Weeks III, and his attorney for a deposition in preparation for divorce proceedings. The meeting, which began at 9 a.m. in the law office of Randy Kessler, attorney for Weeks, lasted for more than six hours. Bynum came to the deposition with her attorney, Karla Walker, of Valdosta. Weeks, who will face criminal charges Tuesday for allegedly beating Bynum, also attended the meeting. So did Ed Garland, his defense attorney in the criminal case.

The deposition lasted for about three hours, but the group continued a closed-door discussion afterwards. Weeks emerged from the law office about 3:40 p.m. smiling.

"Things are good, they are always good," he said as the elevator doors closed behind him. Ten minutes later, Bynum appeared in black coat and tinted sunglasses. When asked was the divorce resolved she said "no," and would not comment further.

Kessler sought a court order to sit Bynum down for a deposition after several attempts to meet with the pastor failed because of scheduling conflicts. He said he wanted an opportunity to talk with Bynum on the record about allegations of cruelty in the marriage before the divorce case went to court. The couple has been separated since June.

Kessler said he asked Bynum what she would accuse Weeks of and what Bynum did to Weeks in their stormy marriage. "This was a normal standard deposition," Kessler said. "There was no yelling and arguing. I think it was helpful for everybody."

At about 1:50 p.m. the attorneys Kessler, Walker and Garland left the law office to go to lunch and talk. Garland would not say why he attended the proceedings.
Bynum and Weeks remained in the law office while their lawyers, who didn't return by the close of the business day, were away. A lawyer at Kessler's firm, Monica Hanrahan said she later joined the couple but would not say what was being discussed.

Kessler returned alone after 5 p.m. and said the divorce case and criminal case share similarities. Bynum also has alleged abuse in the divorce case. She is seeking divorce for "cruel treatment." "The facts are the same," Kessler said. "She is claiming mental cruelty based on the incident that occurred on Aug. 21."

On that day Weeks allegedly assaulted Bynum in the Renaissance Concourse Hotel parking lot near Hartsfield-Jackson International Airport. Garland was in the law office while Bynum was deposed, which allowed him to hear the testimony of the main witness in the criminal case the day before trial, scheduled to start at 11:30 a.m. today in Fulton County Superior Court.

Garland will be representing Weeks as he faces charges of aggravated assault, terroristic threats and simple battery. Weeks has pleaded not guilty and has said that he has been a victim of domestic violence in his marriage to Bynum.

Friday, March 7, 2008

Family Wars: The Alienation of Children


Family Wars: The Alienation of Children


Composite case from actual examples
The parents of Amy (age 10) and Kevin (age 7) are divorcing after 13 years of marriage. Their father, by temporary stipulation, has moved from the marital home. He is entitled to visit with the children on alternating weekends and one evening, during the week. Soon, the children begin to refuse to go with him. At first, they do not want to leave Mom; they say that they are afraid to go. When Dad comes to the house, Mom tells him that she\he will "not force the children to go." "Visitation is up to them." and she\he will "not interfere in their decision".


The children refuse to talk with him on the phone. Mom calls him names when he telephones and complains constantly about her financial situation, blaming him, all within hearing of the children.Dad attempts to talk with the children about the situation, then to bribe them with movies, shopping trips, toys. They become more and more sullen with him and resistant to coming. Anything, routine doctor visits, invitations from a friend, a visit to Aunt Beth, serves as an excuse to avoid visits.A court appointed guardian ad litem learns from the children that "Dad is abusive and mean to us. " They do not want to go on visits. However, when asked to give specific examples of how he is abusive, their stories are not convincing, "He yells too loud when we make noise." "He made me climb all the way to the top of a mountain." "He gets mad at me about my homework." "He makes me wear my bike helmet." "He pounds the wall to get us up in the morning and it makes me afraid that he'll hit me." They say that he has never hit them, although they state that they are very afraid that he will. These children are in the process of becoming alienated from their father.An increasing number of children are experiencing the divorce of their parents or litigation over their custody some time during their minority. Some children experience the concerted, albeit often unconscious or unintended, attempt of one parent to alienate them from their other parent. It is the purpose of this article to alert lawyers, judges and parents involved in divorce and custody wars to the serious nature of parental alienation and to provide suggestions for court based intervention.
I. Definitions
II. Harm to The Child
III. Motivation for Alienation
IV. Recognition of Alienating Behaviors


1. Prevention



Information provided by: Dr. Peggie Ward located at http://www.divorcesource.com/NH/DS/ward.html

The perfect client

The perfect client Written by C. Sean Stephens

What a lawyer thinks of as a “perfect client” in the domestic relations sense is a client who helps the process of the dissolution, custody, or support matter along. We know how hard this process is to be going through, but it can be a much more difficult process the longer it drags on — and a much more expensive one for you. (Although we like getting paid as much as anyone else, we believe we should be problem-solvers, not problem-creators.)

Good attorneys will always treat their clients — all of their clients — with the same professionalism and respect they treat any other client. However, by helping us help you, you can make the process smoother, lower your costs, and get a better result! Here are some things you can do to help your attorney in your domestic relations case, to make things run more smoothly.

Tell us everything — the good, the bad, the ugly. We want to know the nastiest things the other side might throw at us, true or not. If you have hidden sources of income, a stake in Anna Nicole Smith’s love nest in the Bahamas, or a rare coin collection, we need to know and plan accordingly.

Provide us with your tax, banking, investment, insurance, titles to cars and whatnot, and any other requested information quickly in the process (if you can bring this stuff to your first meeting, we might very well cry with joy). If you’re not in a place where you can get the information, sign a release that allows the attorney to request the information on your behalf.
Keep in contact with us. We’ll provide you with frequent updates, but there are times when we need to get in contact with you quickly, too.

Similarly, let us know the best way to contact you. If you’re one of those people who hates checking her voicemail but lives on her computer (wait, that would be me when I’m at home), let us know your email address and if that’s a better way to stay in touch.

Understand that a contested divorce may take a while, even if it ultimately settles. We want closure for you as soon as we can get it, too, but not at the expense of a good settlement for you.
If your case involves child custody, parenting time, or support, sign up and follow through with the mandatory education classes as soon as you can.

Remember that your attorney is there to give you expert advice and recommendations, but isn’t going to be able to make the final decision about whether or not you should take a settlement. He can and will tell you if it’s a good idea or a bad idea, and what the benefits and pitfalls of an offer might entail, but the ultimate decision is going to be yours. Also, if you don’t like the way negotiations may be headed, if you change your mind about the way the case is going, or if you’re just generally unhappy about something, please say so. We’d much rather know about it (and fix it) than to find out much, much later that you’d been unhappy for a very long time.

Advice aside, we know that this may be the, or one of the most difficult times of your life. We treat all of our clients as we would hope to be treated under the same circumstances: with diligence to their case, courtesy, the utmost respect, and the highest level of customer service possible.