Usher wins custody of sons.

Today, a court in Fulton County awarded Usher Raymond custody of his two young sons.  Although numerous media outlets reported on the more sensational aspects of the case and revelations during the case, we cannot speculate as to all the evidence the judge heard.   The judge considers many factors in arriving at the difficult decision to switch custody.  What this case does tell us, though, is that given the right set of circumstances, fathers DO have rights to custody and can win, even when the mother is fit.

Regina

NASCAR CEO battles to keep divorce out of spotlight

On behalf of Edwards & Associates posted on Monday, January 23, 2012

It turns out there really are disadvantages to being rich and famous. The seemingly never-ending barrage of celebrity divorce is a clear example. While famous people may not want to air their dirty laundry, the media tend not to give them a choice. But rarely does a celebrity's effort to maintain privacy reach the level of NASCAR CEO Brian France's fight to keep his name off the presses.
North Carolina's Charlotte Observer has fought for three years to get records from France's divorce to be released publicly. Although a judge ruled that the files should be made public, France is doing everything he legally can to keep them private.

The 2008 agreement with his ex-wife provided her with $9 million in assets and about $40,000 in alimony and child support for their young twins. But he claims she breached that agreement when she showed it to a man with whom she was romantically involved and made disparaging comments about France to family and friends. He therefore went back to court to have the agreement nullified. In turn, his wife filed a list of her own grievances, charging that France hadn't been making the support payments.

France's attorneys were able to seal all court hearings and records, even though they're supposed to be public. But several months later a judge who inherited the case ruled that they should be public. She also ruled they should be opened for access to the Charlotte Observer and other media. France's attorneys appealed, and the battle has continued in the three years since then. The case is now before the state Court of Appeals awaiting initial hearings. If that court rules in favor of the newspaper, France could take it up the chain once more to the state Supreme Court.

France's attorneys argue that the concerns of protecting the couple's children and their personal and financial affairs supersede the public's right to know about them. While there is some precedent for that argument, it's mainly used to shield only certain portions of proceedings, and usually related to violence, abuse or the psychological well-being of children.

Why is the Observer so intent on gaining access? Because they might provide details about the way NASCAR and the International Speedway Corp have been managed, one reporter says. Regardless of what the documents reveal, an attorney for the paper feels the courts will continue to rule in its favor.

Source: ESPN, "NASCAR CEO fights to keep divorce private," Jan. 17, 2012

Michael Douglas's Wall Street Money Safe for Now

 

On behalf of Edwards & Associates posted in Property Division on Thursday, November 18, 2010

In 1987, Michael Douglas starred as the infamous Gordon Gekko in the hit movie, "Wall Street." Gekko had an uncanny talent for separating people from their money. Now, Douglas's ex-wife, Diandra, would like to separate Michael Douglas from some of his Gordon Gekko money. From 1977 to 2000, Michael and Diandra were married and they had one child together. In 2000, they divorced and as part of their settlement agreement Michael agreed to pay Diandra half of all the proceeds from film, television, and stage performances he did during their marriage. Diandra would also argue that she is entitled to half of any income related to those performances.

As a result, she has sued Michael Douglas for half of his earnings from the sequel to "Wall Street" made this year, "Wall Street: Greed Never Sleeps." After all, Michael starred in the original while they were married and he reprised his role as Gordon Gekko in this year's film. Had the role of Gordon Gekko in the 1987 film gone to another 1980s actor like Tom Selleck as Gekko P.I. or Harrison Ford as Indiana Gekko, Michael Douglas would not have been offered the role in the 2010 sequel.

Michael Douglas takes the position that Diandra is not entitled to earnings from post-divorce movies, whether they are sequels or not. Earlier this month Diandra's lawsuit was dismissed, but this will not be the end of the story.

Although they were divorced in California, Diandra filed her lawsuit in New York. A New York judge ruled that California was the proper place for the lawsuit because California has more familiarity with the legal and factual issues on the Douglas divorce. It is important to point out that this dismissal is not a decision on the merits of Diandra's claim, so she will be able to re-file her lawsuit in a California court.

As this story demonstrates, property division in divorce can be one of the most complex issues to resolve. The Douglas divorce was finalized in 2000, yet they are still arguing over marital property division. Ultimate resolution on this issue is going to have to wait until a California court has its say. All indications are that the decision will depend on an interpretation of California's unique marital property laws and the language in the Douglas's settlement agreement.

Source: Bloomberg: Michael Douglas Ex-Wife's 'Wall Street' Suit Is Tossed Over Venue Issue; Karen Freifeld, 11/15/2010

10 tips for fathers going through a divorce

This is the 1st part of a ten-week series giving fathers advice on how to best manage their divorce cases.

Tip #10. Get a memory

Memory is a way of holding onto the things you love, the things you are, the things you never want to lose. ~From the television show The Wonder Years

I can't tell you how many men who are in my office for divorce consultations who look like a deer caught in headlights when I ask them their date of marriage or their children's birthdates. At the risk of stereotyping, women tend to be much better at knowing this information off the top of their heads. They know their children's birthdays, their social security numbers, teacher's names, principal's name, daycare worker's name, the pediatrician's name...you get the point.

Men, for some reason tend not to know this information. Referring to your son's teacher as "the cute blonde" will not win you any points in court. How do you expect to win primary or joint custody if you do not learn and retain this valuable information? Do you know your child's favorite toy, or did you always let your wife pack the to go bag? Do you know your children's favorite foods or the only way to stop your 2 year old from crying incessantly in the car is to give her Apple Cinnamon Cheerios?  An involved dad knows these things.

Keep a journal if you have to of important dates, events and tidbits about your children. This will help you refresh your recollection later if you have to testify in court.

Facebook, MySpace and Twitter Evidence in Custody Battles and Divorce

In this new age of technology, watch what you put on the web. Did you friend your soon-to-be ex wife's aunt and forget about it because she never posts? If so, then you can be guaranteed she will be gleefully printing pictures and posts on your page and handing them to her attorney for evidence against you. Did you playfully suggest on Facebook that you want to "leave the kids at home and get smashed tonight?" Then, be prepared for it to turn up as Exhibit A at your trial.

Edwards & Associates recently won custody for a father at trial. Included as primary exhibits were her Facebook and Myspace pages. Of particular interest were several scantily clad pictures of the young mother of 4, and posting of her announcing that she "goes to the club too much" and that she "was drinking IN THE CAR on the way to the club." She turned bright red and said that was her personal business. The Court did not agree and stripped her of custody and ordered her to pay child support. Here is a great recent article printed in the AJC.

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Facebook a treasure trove for divorce lawyers

By Larry Hartstein

The Atlanta Journal-Constitution
9:55 a.m. Thursday, February 11, 2010

As if divorce lawyers needed more ammunition.

In a new survey, 81 percent say they've seen an increase in the use of Facebook and other social networking sites for evidence in divorce cases. Notes to lovers, compromising photos -- Facebook provides a wealth of incriminating information.

"Every client I've seen in the last six months had a Facebook page," said Ken Altshuler, a longtime divorce lawyer from Portland, Maine, who is first vice president of the American Academy of Matrimonial Lawyers. "And the first piece of advice I give them is to terminate their page immediately."

Sixty-six percent of the attorneys surveyed by the AAML called Facebook the unrivaled leader for online divorce evidence, followed by MySpace (15 percent) and Twitter (5 percent).

"Going through a divorce always results in heightened levels of personal scrutiny," said Marlene Eskind Moses of Nashville, the group's president. "If you publicly post any contradictions to previously made statements and promises, an estranged spouse will certainly be one of the first people to notice and make use of that evidence."

Altshuler cited a couple cases in which Facebook proved key:

A woman was getting divorced from her alcoholic husband and seeking custody of their kids. The husband told the judge he had found God and hadn't had a drink in months, but Altshuler found a recent Facebook photo showing him "holding a beer in each hand with a joint in his mouth," the lawyer said.

Then there was the custody case in which his client's ex-wife claimed to be engaged. She was trying to show she'd provide a stable household for the kids.

But the same woman had posted on Facebook that she'd broken up with her abusive boyfriend and "if anybody had a rich friend to let her know," Altshuler said.

The ex-husband's friend gave him the posting; he was still Facebook friends with the ex-wife.

"People don't think about who has access to their Facebook page," Altshuler said. "A good attorney can have a field day with this information."

How To Win A Custody Case

Because of our tremendous success in the field of Georgia Father’s Rights, I am often asked what I do to “win” a difficult custody case.

The reality is, every successful attorney who wins fathers’ rights cases, simply manages the facts and presents the case to the judge. We argue positions that other attorneys are not willing to argue. However, the most important aspect of winning a fathers’ rights case is the client. There is no attorney in the world that can turn bad facts into a good case. If you left your wife, moved to another state, have not seen your children in years, and have not paid any child support in years, you will most likely not get custody.

On the other hand, if you have been involved in your children’s lives, and care more about the children than about hurting their mother, there is no reason for the court to assume that you are less of a candidate for a primary custodian than the mother.

The hardest cases to try are those where the father is as good of a parent as the mother. There is not really anything negative about either parent, and each wants custody. These are also the most difficult cases for judges to hear. How do they decide who should get custody? I attempt to “tell the story” of my client through collateral witness, through the children, through the use of the Guardian ad Litem, through neighbors, school counselors and other professionals who can attest to the benefit the children have had from having an involved father.

Another difficult case is where the father really is a better parent, but it is difficult to prove. The Mother may have been the stay-at-home primary caretaker, but she is not really doing a good job. The children still have all of their arms and legs, but they are not receiving the emotional nurturing and support they need. She feeds them fast food, although she does not work outside of the home. She sleeps all day, and does not keep up the house. Her days are spent sleeping, or attending tennis clinics or spa appointments, and the children are an afterthought. The Mother wants custody, but mostly because she needs the child support. These kinds of cases baffle my clients. They know they are the better parent, but they need help proving it. That is where an experienced attorney can make a difference.

The bottom line is - it really is an uphill battle for Fathers most of the time. I think this can be attributed to Fathers’ rights advocates who talk the talk but do not walk the walk. I recently represented a Mother, where the Father had been trying to reinstate his parenting rights after having been arrested 100 times, driving the 10 year old child around to buy drugs in hotel room, and abandoning the child at a bus stop and calling the mother to pick him up after he had left the child. The “Fathers’ Rights attorney” in his closing argument, eloquently stated how the presumption for fathers should be for joint custody, at which point, everyone in the courtroom rolled their eyes. That particular father was not exactly a cause the attorney should have gotten behind. It destroys credibility in the eyes of the court. Needless to say, that Father is still prohibited from seeing his child.

The only way to “win” a custody case is this: be a good father at all times, even when the mother makes it difficult. Spend quality time with your children. Help them with their homework, take them on educational experiences. Don’t be a Disneyland dad. If you are a good father, then others will see it. That way, when it is time to go to court, you will have no shortage of witnesses to testify about your exemplary parenting skills. That makes my job easier.

Single parents create happy new homes after divorce

Single parents create happy new homes after divorce

By H.M. CAULEY Atlanta Journal-Constitution Published on: 05/29/08

With the divorce rate hovering around 50 percent, it's no surprise that many of Stephanie Andrews' design clients find themselves starting over again. Unlike the recent grad who's just rented a new apartment or newlyweds moving into a starter home, the newly single often come with bits and pieces of their past to sort through, as well as a passion to put their own imprint on their surroundings quickly.

"There's so much psychology that goes into designing a home," said Andrews, owner of the Candler Park-based Balance Design. "Newly single people want to explore who they are and put that in their house. It's a chance for them to show their own personal style."
There's also something liberating about putting together a home without anyone else's approval. "They have full control and there's no need for compromise, which is very freeing for them," said Andrews. "They can have fun. About the only compromise they may have to make ends up being the cost."

For divorced parents, there's the additional desire to make a house a home very quickly for the children. And there are considerations such as where the family will spend time together. Where will the kids do their homework?
Here's a peek inside three Atlanta residences where single parents have put their own style on a new space.

Getting more for less in Doraville
Graphic designer Gabrielle LeBlanc's post-divorce budget made finding a new home in her 8-year-old's school district a challenge. But after 18 months in a Dunwoody apartment, she uncovered a 1960s brick ranch in Doraville that needed a bit of TLC."I knew I could make it work," she said.

LeBlanc ripped out carpeting and refinished the wood floors. She painted the trim and ceilings; installed new light fixtures; and added her own small details, such as replacing the wall switch covers. Her thriftiness extended to the furnishings. An inexpensive, three-tiered chandelier she found at IKEA got an upgrade when she added rows of crystals. A friend donated her kids' old crayon-covered art table that LeBlanc refinished to show off the wood. Instead of payment for a job, she traded her work for a futon. And she picked up some framed artworks for $1 at a yard sale.

LeBlanc scoured stores for decor deals and snagged several. A crescent-shaped table with repairable scratches was $90 at Ballard Designs. A low, glass-fronted buffet in the red dining room came from Crate and Barrel. A green suede sofa was a steal from World Market. Inexpensive cube shelving from IKEA created a storage unit for her son's toys.
LeBlanc warmed the house with personal items. Framed photos of New Orleans, her hometown, line the halls. A portrait of her grandmother, painted by her grandfather on their wedding day, graces her home office.
"I wanted a fresh slate," said LeBlanc. "And I liked being able to create my own space without having to ask anyone's permission."

Kids come first in Avondale Estates
Attorney Sheryl McCalla gave her real estate agent a short list of requirements when she went house shopping five years ago. She wanted to be close to her job in Midtown and near the intown school that her two children attend. Though the three-bedroom house in Avondale Estates wasn't an exact fit, McCalla knew it was a terrific place to start over after a divorce.
"I was looking for a family friendly house in a nice neighborhood," said McCalla. "Here, we can walk to the pool and playground and I have the support of other parents in the neighborhood."
The 1950s house had already undergone an extensive renovation, including the addition of a second floor and an open kitchen and family room. "That was key, because I wasn't in a position to do that kind of work," said McCalla.
In the large foyer, the base of the staircase leads to the second floor and into the family room as well. A former living room, with a fireplace, is now the red dining room. McCalla turned the old glass-enclosed porch into the art room, where her kids are free to paint on the walls, floors or windows as their creativity moves them.
The expanded kitchen has cherry cabinets and an island where the kids can do their homework while McCalla cooks. A corner eating area has a banquette for cozy seating. An adjacent small room holds all of the kids' toys and several musical instruments, while a former first-floor bedroom is now the TV room.
McCalla decorated her son's room with a space theme and had an artist paint her daughter's favorite flowers and garden scenes around her bed.
The move meant buying all new furniture. "The only things I had were a king-sized bed, two night stands, a dresser and an exercise bike," said McCalla. But she took her time tracking down the large wood dining table, with chairs and bench seating; a beige sofa and two chocolate chairs around the family room fireplace; and a round dining table in the breakfast nook.
The kids' artwork on various walls and framed playbills from New York shows that McCalla's parents collected are constant reminders of family connections.
"Simplicity was my goal," said McCalla. "But it was also important to make the house comfortable. And it had to feel like home."

At home at Dad's

Attorney Doug Kertscher started his search for a post-divorce house for his two young children by drawing a 10-mile circle around their primary residence. The perfect place turned up in the form of a 6-year-old house in Morningside.
"The house had been well-maintained, which was important because I work a lot of long hours, and I didn't want to have my children with me while I was fixing the roof," said Kertscher.
The three-story house came with enough open spaces for his children to run around and several areas that double as adult and kid areas. In the library, book shelves are lined with Dad's collection on the top rows; all of the kids' favorites are within their short reach below. A large rectangular ottoman opens to reveal a toy chest.
Kertscher was also insistent that the bedrooms be on the same level so the children would be close by. "And I wanted their rooms to have neat things," he said. In his boy's room, there's an outdoor theme with stars on the ceiling, star lights and camping knick-knacks. His daughter's room, painted in pinks and greens, has stick-on fairies and her name on the walls. The third level of the house has one big room outfitted with a desk and computer, including two kid-sized chairs that double as recliners. Another corner holds a drawing area and chalk boards where the kids can get creative.
A sun room houses the entertainment center in front of an over-sized chaise lounge big enough Kertscher and his tykes. "This is where we do our night-time reading," he said.
Kertscher furnished the house with new pieces, including the large-screen plasma on the wall of the living area, and what he describes as "strong, male colors."
"They're blues and grays, with some greens and reds, that are strong but still warm," he said.
Most of his attention was devoted to creating a home that was functional for him while also being a comfort zone for his kids.
"It was very important to have a place where they'd want to come," he said. "They love coming to Daddy's house; sometimes they'd rather come here than go to the park. And I've been really happy about that."

Tips for making a house a home fast:
• Instead of ordering furniture, ask about buying a floor sample that you can take home immediately. Not only can you get it right away, you may get a discount.
• Shop for ready-made items, such as curtains, drapes and bedding that can punch up a room in minutes.
• The biggest bang for your makeover buck is color. Select a color scheme that will flow throughout the house and make you feel good every time you enter.
• Make it personal by displaying your favorite items that have good memories.

Custody dispute pits famed producer against Roswell mom

By D.L. BENNETT

The Atlanta Journal-Constitution

Published on: 03/26/08
Under the professional name "BT," Brian Transeau has produced Sting and Madonna.
He has scored major motion pictures like "Monster," "Stealth" and "The Fast and the Furious." He's written sound tracks for Tiger Woods PGA Tour 2005 and other video games.
And his reputation for blending technology and rhythm have earned his albums a cult-like following.
But for the past few months, Transeau, 37, has gotten more attention for a bitter family feud with a Roswell woman, Karen Durrett, and her daughter, Ashley Duffy. It centers on the break-up of Transeau and Duffy's long relationship and custody and care of their 3-year-old daughter.
Atlanta has become the latest battleground for a struggle that's already wound its way through courts in Maryland and California.

Transeau failed late Tuesday to convince a Fulton County magistrate judge that Durrett should be kept away from his daughter. But Judge Karen Woodson gave lawyers for both sides a week to work out an order keeping the artist and Durrett apart.

"I'm asking everybody here to stop with all the blogs," Woodson said, "to stop all the e-mails, to have no have discussions at all. Nobody goes on 'Montel.' Nothing."
Transeau claimed Tuesday that he feared for his life from Durrett, a Roswell mother of three. He claimed Durrett had threatened him on the phone and posted disturbing messages on the Internet over the past several months.

Transeau and Weinstock said the artist has reason to fear Durrett because of a past that includes years of battering her children, extensive alcohol and drug abuse.
Durrett said her 27-year-old daughter graduated from Roswell High School before meeting Transeau at a concert and eventually moving to Los Angeles.
She testified that she has reformed her life and is now a church-going suburban mother who is no danger to Transeau.

"I did not make any threats to Mr. Transeau," she said, explaining that any blog postings that seemed threatening were just a mother venting anger and not real threats.
Her lawyer, Jason Coffman, argued Transeau was using his client's past as a smear campaign to settle personal scores, not because she's dangerous.

A California court ordered Transeau and Duffy to share custody last year, testimony showed. But in mid-December, Duffy disappeared with the couple's toddler daughter after a custodial visit in Maryland.

Six weeks later, federal authorities, Transeau and private investigators he had hired found Duffy, their little girl and Durrett in a rented apartment in California, according to testimony. Transeau got his daughter back. Duffy was arrested, and said she spent four days in jail before being released without charges.

The couple continue to spar over custody in Los Angeles. Meanwhile, Transeau moved the battle to Atlanta because Durrett lives in Roswell.
Earliert his month, Transeau filed suit in Fulton County Superior Court against Durrett, accusing her of defamation and interference with custody.

The suit claims Durrett has damaged Transeau's ability to earn a living by waging a withering online attack on him and helping to arrange for Duffy to take his daughter earlier this year.
He claims some job opportunities have dried up because of postings Durrett placed on various blogs calling Transeau an abuser and someone who emotes "darkness and evil."

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.

Do I have to pay alimony?

The short answer is: “It depends.”

Georgia law provides that alimony, or spousal support, may be awarded to one spouse in the event of a divorce or separation. At times, spousal support is awarded on a temporary basis before the divorce is final. Alimony may be paid to either a husband or a wife. Georgia law provides 8 factors which the court determine alimony.

1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age and the physical and emotional condition of both parties;
4. The financial resources of each party;
5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7. The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
8. Such other relevant factors as the court deems equitable and proper.

Alimony may not be awarded to a requesting spouse if the separation between the parties was caused by that party's adultery or desertion. There are also other, variable factors that will influence a judge’s decision to award alimony. Some of these factors are within the client’s control such as:

• A party’s behavior during trial;
• A party’s willingness to be open and honest in disclosing financial information
• The age of the children of the marriage, if any
• Both parties’ employment status / prospects

Georgia Code §19-6-1 & §19-6-5

Representing Celebrity Clients

The Celebrity Dissolution [abridged version]
Aissa Wayne, Esq., T. Elizabeth Fields, Esq., and Kathryne Clark. Esq. co-authored the below.

The lives of celebrities are both fascinating and challenging. When involved in a family law proceeding, celebrities face unique and serious issues, which tend to make the already difficult family law proceedings even more complex and perilous for celebrity clients. Hence, when representing a celebrity client, many issues exist for the average family law practitioner that might not otherwise arise. Below, are just but a few of the challenges that a conscientious practitioner must keep in mind when guiding and advising a celebrity through a high profile case in a family law proceeding.

When representing a celebrity client, a lawyer must be comfortable breaking away from usual attorney-client protocols. For example, celebrities may insist on a particular partner of the firm personally handling all aspects of a case including simple court appearances such as requests for continuances. Moreover, a celebrity may make enormous demands on the resources and personnel of the firm. This kind of personal catering to the celebrity’s preferences is important to assist the client through a very difficult time.

Another unique aspect of representing a celebrity involves utilizing effectively the plethora of professionals which assist the celebrity in daily life such as agents and managers. Oftentimes they can be of paramount assistance to the lawyer since they know many of the relevant facts, handle the celebrities schedule and pay the celebrities bills, such as attorney fees. Further, since the celebrity’s image is essentially the agent’s and manager’s livelihood, they will frequently want to be involved in the decision making. The lawyer must engender confidence in the celebrity’s support personnel to allow them to entrust him/her with their concerns. It is important for the lawyer to be sensitive to their concerns and to cultivate their loyalty and assistance to ensure cohesiveness, a united front and for the greater common good of the celebrity’s wellbeing. Nonetheless, while having these people as allies will make a lawyer’s job much easier, the lawyer must always insure that the case is not run by the agent and/or manager.

Additionally, the lawyer should also keep in mind that communications with the celebrity’s employees and agents and some of the experts hired by the lawyer are subject to the attorney-client privilege.

In addition to managing the support personnel, the lawyer will have to keep an ever vigilant eye on how the case is affecting the celebrity’s image in the public and how the stream of information is being funneled to the media. Public relations consultants and firms may be invaluable to a lawyer to assist in handling this aspect of the case. They can assist the lawyer in devising a plan for not only the intentional dissemination of information to the media, but also in the event of a public relations crisis. Being prepared for such a crisis is well worth the time and energy in advance.

In addition to the celebrity’s public persona, a separate public relations consultant can assist the lawyer in developing the lawyer’s public persona. The public will look to the lawyer for guidance and insight as to how the celebrity will handle the case. Hence, to some extent, the lawyer is launched into show business him/herself. In this capacity, the lawyer may want to be perceived as a competent "force to be reckoned with" without appearing too overbearing. If the lawyer is not perceived as credible and competent, the lawyer may jeopardize the celebrity’s position since the celebrity is also being tried in the Court of Public Opinion. The public relations consultants can host mock media interviews with the lawyer and conduct market research into how to best handle before the public troubling aspects of the case. Unlike the lawyer, they should have years of experience handling public relations and can become an invaluable resource for the lawyer throughout the high profile case.

However, the lawyer must balance the plans of a public relations team with the rules limiting the information that the lawyer may convey to the media during a high profile case.
Even unfounded and dismissed accusations levied against a celebrity in family court may damage a celebrity’s public image long after the family law case concludes. Therefore, one of the most effective methods of averting a public relations crisis is keeping unfavorable information private.

Generally, the Court will seldom close family law proceedings to the public or seal a family law file. However, in high profile cases where celebrities are involved, a Court may be elect to do such especially if presented with a Stipulated Confidentiality Order. The parties may enter into any number of stipulations providing for the privacy of documents such as the redaction of documents and the submission of private documents to the Court to be withdrawn after the conclusion of the hearing.

Even if a Court will not close the proceedings or seal the file, Courts oftentimes will seal particular documents such as damaging declarations to protect celebrities’ reputation.
If the Court will not grant the privacy sought by high profile clients, there are other options available to preserve confidentially and privacy such as a "private" or "confidential" trial through a private judge. See CRC Rule 244(g). Private Judges may afford high profile clients privacy and confidentiality while saving money and time. When a private judge is appointed, the "hearings" often occur in a private office without public notice, thereby effectively preventing the media from overseeing the details of the proceedings. This gives the parties much more control over what, if any, information is disseminated to the public.

Moreover, if the parties agree, they can participate in confidential dispute resolution through mediation which may be an effective tool for conflict management. If they reach an agreement, they can enter into a confidential marital settlement agreement that is referenced but not attached to the Judgment. In such an event, the confidentiality will be preserved and the agreement will only be exposed if enforcement procedures become necessary. Alternatively, the final resolution may also be kept from the public’s eye through having two judgments. One judgment providing for the status termination, support and reserving on all other issues. The second judgment will contain the remainder of the issues and will only be filed if either party breaches the terms of the second judgment.

To gain a litigation advantage, the opposing side may fight an effort to close the proceedings to the public. However, the opposing side may be more willing to agree to a private judge or mediation if the celebrity agrees to pay for the associated expenses. Such efforts and concessions are well worth the privacy gained, especially when custody is at issue.

In addition to assuring privacy of the court proceeding, a lawyer must take decisive actions to assure that his file is kept safe in his office, such as keeping it under lock-and-key. The attorney should also have his employees sign a confidentiality agreement and employ a shredder to destroy extra copies of file documents. The lawyer should also assure that his computer database is secure from hackers and others who might gain access to the electronic data.

Other issues to consider involve the unusual property issues inherent in dividing a celebrity’s community estate. Even though the celebrity’s business manager may want to control the property issues, it may be advisable to hire a forensic accountant and appraisers as soon as possible to work with the business manager. These experts will be able to delve through the complexities of property division, including the valuation of artistic works, residuals and works in progress, and can testify about the value of the community estate, prepare a marital balance sheet, and complete sometimes complicated tracings.

Furthermore, as with any client, once appropriate, a celebrity client will have to be advised to evaluate his/her estate plan in light of the changes inherent in a family law proceeding.These and many other considerations must be carefully weighed by an attorney navigating the potentially tumultuous waters of representing a celebrity client. The attorney must give the matter due consideration and must carefully reflect upon the unique demands, issues and pitfalls of representing high profile cases.

Co-authored by Aissa Wayne, Esq., T. Elizabeth Fields, Esq., and Kathryne Clark, Esq., Beverly Hills, California