09.13.08
A Murder of Crows
Year: 1999 (V) Release Date: July 6, 1999
Director and Writer: Rowdy Herrington
Starring: Cuba Gooding, Jr., Tom Berringer, Eric Stoltz
This movie was made in a time when you had direct to video movies. Today, it was on HBO and I want my money back, I want the time I spent watching it back, and I want the brain cells I lost. Cuba Gooding, Jr. plays a disbarred lawyer who retreats to Key West and writes a book about the experience except he finds out he’s a horrible writer. Trying to make money as a fishing guide, he meets an old man who gives him his manuscript to read. After dying from a heart attack, Lawton Russell (Gooding) submits it as his own work and gets published and becomes a rich man only to find that the murders in the manuscript were real and described them with precise details only the murderer could have known. Lawton then tries to prove his innocence with a detective (Berringer) in pursuit.
Not the worst concept, but the plot holes were enormous. After escaping from a house full of police and escaping again from five police cars, both on foot, Lawton never gets a wrinkle in his suit. Going from New Orleans to Key West on a freight train and back again on the roof of a beer truck (I’m serious), he never needs a shower or a shave. He also walks around without even trying to change his appearance despite his likeness being on the back of a best selling book and in the news. He cleverly covers his face with a newspaper or his hand and escapes notice in the two cities where he has homes. Also, the worst southern accents I ever heard.
Despite this, I did enjoy the filming locations. Having spent time in both places, I enjoyed the visuals of two great cities. I really liked the interiors of the Garden District homes in New Orleans pre-Katrina and the scene at Sloppy Joes in Key West, one of the greatest bars in the U.S. But if you have a choice, go to the cities instead of watching this movie.
The movie weakly explores lawyers representing clients who are guilty in criminal cases and just assumes lawyers who do so have sold their souls to the devil. Never addresses any other proposition. Maybe it’s the geek in me, but I would have enjoyed the debate. Overall, do not recommend this but enjoyed the scenery.
One Gavel
09.01.08
Hamlet 2
Year: 2008 Release Date: August 27, 2008
Written by: Pam Brady & Andrew Fleming
Starring: Steve Coogan, Catherine Keener, Phoebe Strole, Joseph Soria, Elisabeth Shue
Overall, a pretty funny movie. It starts with a montage of the not so stellar acting career of Dana Marschz (Coogan) and serializes his acting class from stage remakes of popular movies to his opus “Hamlet 2.” Inspired by the school board’s decision to end the drama program, Marschz writes the sequel to Hamlet as a musical. The highlight of the movie is actually the main musical number to the play “Rock Me Sexy Jesus.”
Two great sub-plots were the appearance Elisabeth Shue from The Karate Kid and Leaving Las Vegas playing the part of Elisabeth Shue. Another is the appearance of the always funny Amy Poehler playing an ACLU lawyer determined to make sure Hamlet 2 is shown to an audience despite the school’s determination to shut it down.
I give it a high recommendation to see it in the theater. I’m giving it 4 stars as a movie and 3 gavels because even though I liked the legal part of the movie, it was only 10 minutes of the entire plot.
4 Stars
3 Gavels
08.30.08
Best Songs about Family Law / the Law
1. Tainted Love/Where Did Our Love Go by Soft Cell
Usually talks about the first time someone wants to leave a relationship. “I want to get away, I want to runaway.”
2. Should I Stay or Should I Go by The Clash
Cool song by a cool band. Asks the obvious question.
3. Lawyers, Guns, and Money by Warren Zevon
How should we settle disputes? I submit the law allows for the peaceful settlement of disputes. Contact one of the lawyers at Galvin, Dominguez, Hindera, & Schwab LLP and schedule an appointment to see if we can help with your dispute.
4. Know Your Rights by The Clash
Again, this is so important if you are served with any type of lawsuit. Contact your lawyer.
5. What’s Love Got to do With It by Tina Turner
Supposedly a song about her relationship with the late Ike Turner reportedly involving domestic violence, abuse, infidelity, and cruelty. The important thing to take from this is that love has nothing to do with a family law case. It’s about division of assets and/or how to care for the children.
6. No Surrender by Bruce Springsteen
From the time the case begins to the end just remember this line “no retreat, no surrender.”
7. We Can Work it Out by The Beatles
The ultimate mediation song.
8. Burning Down the House by the Talking Heads
How most people feel after a property settlement.
9. Sweet Child of Mine by Sheryl Crow and Guns n Roses
Remember to never get the children in the middle. They are our sweet children. Our beautiful boys and our beautiful girls. Sheryl talks about a boy and G n R about a girl.
10. I Will Survive by Gloria Gaynor
Disco era song that has become the anthem persons involved in failed relationships everywhere. The neat thing is most people do survive.
Other Good Songs About the Law
1. Breaking the Law by Judas Priest
For criminal law. Another cool band. Saw them way back when at the Sam Houston Colisseum in Houston.
2. America by Neil Diamond
The best song for immigration law…except for maybe The Immigrant Song by Led Zeppelin. Never been a huge Neil fan but you got to admit, he is the leader of planet chest hair.
3. Mack the Knife by various artists including Louis Armstrong, Bobby Darin, and Frank Sinatra
Again, criminal law. Talks about the knifing portrayed in the Three Penny Opera.
4. Our Lawyer had Us Change the Name of This Song so We Wouldn’t Get Sued by The Fallout Boys
A song involving music copyright. Not that it actually does, but you got to admit, it’s a cool title.
5. I Fought the Law by The Clash
Yes, another song by The Clash. I’m trying not to be biased even though I wore out the grooves to London Calling and Combat Rock. Later, I played the cassettes so much the tape was paper thin where every third word was missing. Lost the CDs in a divorce. Now I have the songs from ITunes. Seems I was destined to be a lawyer…and sample all music technology.
08.29.08
Family Law in the News
Recently, local and national news outlets reported on family law issues. First, on August 28, 2008, the Austin American Statesman reported that Child Protective Services must follow more stringent requirements prior to the removal of a child without a court order. CPS issued a memorandum last week detailing new procedures. The new procedures result from a 5th Circuit Court of Appeals ruling and from scrutiny resulting from the removal of over 500 children in FLDS case in El Dorado, Texas.
Additionally, the Statesman also reported the dismissal of over 100 cases involving the Fundamentalist Mormon sect in El Dorado, Texas. This includes my case and ends one of the publicized removals of children in the history of the state. The case also included one of the most bizarre hearings this lawyer ever attended.
Third, a story appeared in which the Watauga Police Department arrested Fort Worth Telegram reporter Dave Leiber for leaving his 11 year old son at a McDonalds and telling him to walk home after having an argument. Mr. Leiber returned but the police arrived. No arrest was made at the time, but the incident turned into an arrest when detectives made the decision to arrest Leiber. The reporter was charged with two felonies and the story does not say if CPS is involved. Though all circumstances are not known, what is reported is that the child was left in a suburban area with a low crime rate and made to walk home and Mr. Leiber returned. My research shows that public opinion is the Watauga Police overreacted and is involved in issues best left to the family.
Also, on the national news front, People Magazine (yes I’m serious) headlined a story about the marriage of Ellen Degeneres and Portia DeRossi. This story would not have been possible but for the Ninth Circuit Court of Appeals decision commented earlier on this blog allowing same-sex marriage in California. My curiosity to this decision leads to the ancillary family law issues presented in opposite sex couples. For example, same-sex domestic violence issues, same-sex prenuptial agreements, same-sex adoptions with both parties being adoptive parents, and so many other issues found in family law.
Finally, as a lesson to all for obeying court orders, Judge Thomas Sandsbury of Houston sentenced Bob Duff, father of Hilary Duff, to 10 days in jail for violation of court orders. Duff allegedly sold assets despite an injunction. Remember, if you are involved in a family law case in Travis County, Texas, the Court issues an automatic Temporary Restraining Order. Make sure it’s understood and frequently reviewed to avoid a contempt of court allegation.
08.17.08
Summer Movie Season II
Lots of disappointing flicks starting the summer season to the point I was going to write it off. The second half has more than made up for the lackluster beginning. The only exceptions were Iron Man and Son of Rambow. See my reviews of these movies. The Indiana Jones movie was disappointing and The Incredible Hulk tried to measure up and came very close.
Now for the second season:
I consider the second season starting with The Dark Knight. Sure, Heath Ledger’s last role could be considered his greatest regardless of the fact he passed away at such an early age. That being said, the brilliance of the movie emanates from all of the actors. Christian Bale gave the best performance of anyone who has ever played Batman/Bruce Wayne. Michael Caine and Morgan Freeman in limited roles gave the movie so much of its concept of right and wrong or how it cannot apply. Even William Fichtner performed memorably in a cameo role as a mob banker.
The coup goes to Aaron Eckhart who gave the best performance as District Attorney Harvey Dent/Two Face. He did show how you either die a hero or live long enough to see yourself become the villain. Entertainment Weekly magazine came out with a list several issues ago about the new classics, the best movies of the last 25 years. It was premature. My vote goes to The Dark Knight for the best movie in this decade, the last decade, and the one before that. One of the best reasons is because there was so much hype and it lived up to the hype.
Comedies have been saving this summer. Two of the funniest movies I’ve seen in some time are Pineapple Express and Tropic Thunder. After The Dark Knight, my next recommendation for movies still out would be Tropic Thunder. Just go and watch it and enjoy and laugh your butt off.
I saw a trailer for a movie to be released later this month called Hamlet 2. I think it might just continue the trend of good comedies this summer. Saw another trailer for some movie about football where a girl plays quarterback for a high school team. Based on the trailer…watch any other movie playing at the metroplex.
07.02.08
Mandrake (pronounced MaanDraakė)
Year: 2004 Released: Various times by HBO in Portuguese and Spanish
Starring: Marcos Palmiera, Luis Carlos Miėle, Erika Mader, Virginia Cavendish
This could be one of the greatest lawyer T.V. series of all time. Originally a production of HBO Olė, it was originally in Portuguese, dubbed into Spanish for distribution into Latin America, and now is available in the United States on HBO and HBO on Demand with English subtitles. This series is delightfully cheesy in the plots, the dialogue, the action, and the actors.
Mandrake (Marcos Palmiera) is a criminal attorney in Rio de Janeiro but never seems to go to court. Instead, he and his law partner Wexler (Luis Carlos Miėle) represent the social upper crust who all have some slimy event they seem to be going through and need Mandrake. One show dealt a client hiring Mandrake to get a pimp to allow a hooker to leave his brothel because the client is in love with her. Another involves a transvestite hooker who has gotten her (his) clutches into a diplomat represented by Mandrake. Yet another is Mandrake helping a man being blackmailed for killing his mistress. Mandrake falls for his daughter and continues to represent the man for free. Mandrake tells this girl who asks what so special about him since she knows so many lawyers, “I’m not just any lawyer, I’m Mandrake.”
My favorite episode has Mandrake having sex with three different women, playing a rough game of soccer, and getting beaten up. His client is a hairdresser who is being blackmailed and if he does not pay, the blackmailer will post his gay sex video on the internet. Mandrake stops this because, one he got paid and two his client does not want to be “outed.” The only problem: this hairdresser makes Liberace look like Clint Eastwood. It’s impossible to think he is straight. After saving the day, yet again, Mandrake ponders after being beaten up yet still foiling the blackmailers, “I wonder if I can still have sex with broken ribs” and after spitting up a tooth, “Have I lost something being a lawyer?…Everyone loses something.”
Gain a little something back and watch this show. It makes you want to go to Brazil and get blackmailed. Then you can hire Mandrake.
Five Gavels. People may think it’s awful, but this is my greatest secret pleasure since Celebrity Rehab.
Possible 2 Year Wait for Divorce in Texas
State Representative Warren Chisum (R-Pampa) plans to submit a bill at the next legislative session that would force Texans to wait 2 years to get a divorce unless they take a class designed to save their marriage. Chisum was quoted in today’s Austin American Statesman, “If this saves one marriage, it’ll be fine by me.”
The Proposal calls for coursework of 10 hours within a two-day period. Lutheran Social Services of the South Inc. is responsible for a 30 county area in Central Texas. Cases involving domestic violence will grant a divorce in 60 days.
It’s good to know Representative Chisum is fine with saving one marriage at the expense of what will probably be thousands of Texans. What with the additional attorney fees paid by citizens to deal with children and property issues during a 2 year wait for a divorce and the additional protective order motions that will be filed and the expenses of the classes paid by the citizens of Texas, the one marriage that Mr. Chisum is “fine” with saving makes perfect fiscal sense and justifies the liberal proposition of state involvement in private affairs.
Perhaps Mr. Chisum can further demonstrate his liberal tendencies by requiring people, who are about to get married, take a course in marriage. Wait, he introduced that liberal bill during the last legislative session. And it becomes law this September 1. But more on that later.
I wonder what would Newt Gingrich would say.
06.15.08
Best Father’s Day Movies
5. Hook
Not the best movie, but a great Father’s Day movie. I saw this movie with my children years ago when they were young and I was just younger. There’s a scene in the middle of the movie that all fathers should watch. Peter Banning (Robin Williams), nee Peter Pan (Robin Williams, later in a Peter Pan outfit complete with green tights), is now a corporate lawyer neglecting his children and taking calls on one of the largest cell phones ever made. His wife throws the phone out the window. Moira Banning, played by Caroline Goodall, tells/yells to him that he only gets a few years and he’s missing them. That one day, his children won’t want him around, won’t want to talk to him and will be going their own way. She’s right. They are great years. Nothing is worth missing them. I remember watching my sons play lacrosse and soccer. Those were the greatest moments of my life. Now, 17 and 18, those times will never come again. New experiences yes…but not those. Don’t miss yours.
4. In the Name of the Father
This is salute to my law partner and dear friend Rob Galvin. He’s repeatedly mentioned this movie as one of his favorites and this is truly one great movie and one great Father’s Day movie. The movie stars Pete Postlewait (Oscar nominated for this role) and Daniel Day Lewis (Oscar nominated for this role and many others, the Meryl Streep of male actors) in this adaptation of a true story of the Guilford Four who were accused of being IRA terrorists in the bombing of a London pub. Gerry Conlin’s (Lewis) father, Guisseppe (Postlewait), is also accused due to draconian terrorist laws suspending civil liberties (sound familiar?) and both are imprisoned together. Being imprisoned together changes Gerry’s impression of his father and Guisseppe eventually secures Gerry’s release even though he himself dies in prison.
3. Liar, Liar
Jim Carrey star as Fletcher Reed, a lawyer who, because of the birthday wish of his neglected son, Max, cannot tell a lie for 24 hours. There are two thoughts I have to this movie. First, nothing is more important in our lives than our children. Not work, not being upset at the other parent, not friends, nothing is worth missing out on the few precious years a parent has with their children.
2. Field of Dreams
One of my favorite movies. I actually saw this movie at a theater with my Father in Baltimore, Md. Though the focus is baseball, it is actually one of the best father-son movies ever made. Ray Kinsella (Kevin Costner back when he did good movies) makes amends for saying things he regrets to his father John Kinsella (Dwier Brown). Sure he has to build a baseball field in his cornfield, travel to Boston and kidnap a reclusive novelist, and travel to Minnesota to find a long-dead doctor. All of this culminates in a great ending and every son’s endeavor; playing a game of catch with his father. Nothing legal here but a kidnapping and a possible foreclosure.
1. Return of the Jedi
Not a legal movie unless you count Luke’s appearance before the emperor and Darth Vader as a trial of sorts. But Darth Vader, having revealed himself to be Luke’s father in Empire Strikes Back wants to establish a father-son bond by having Luke join him by going to the Dark Side. Luke doesn’t want to enter the family business of reigning over the galaxy and they attempt to resolve their differences of opinion in Luke’s career choice by having a duel to the death. Father and son in the course of their family infighting manage to chop each other’s hand off (Luke’s was chopped off in Empire). If only Darth had realized the truth about children. You can’t turn them to the Dark Side. They won’t listen to you.
HONORABLE MENTION
The Sopranos
Tony, Tony, Tony. I watch him and I don’t feel so bad about my failures as a husband and a father. I also understand the anxiety of balancing work and family.
The Godfather
My father bought me a gun when I was 12 and told me not to shoot anyone. (interestingly enough, he never said anything about me shooting myself) Vito Corleone bought his children guns and told them to shoot everybody. Fredo notwithstanding, Sonny and Michael took the fatherly advice to heart.
Big Fish
Great movie. Not sure why it’s not on the list other than no lawyer or legal hook to it. Watch it. Saw it with my father a couple of years ago. I got the feeling he was remembering his father while I applied the movie to him.
Big Daddy
Yes, it stars Adam Sandler. It also has a ridiculous courtroom scene but it does show that being present at the moment of conception does not make a father. It’s what a man does every year, every month, every week, and every day afterwards that truly makes a man a father.
A Time to Kill
Father kills the men accused of raping his daughter. Reminds me of an argument a lawyer made in Court about a father being protective. Also has a stupid scene with Sandra Bollock in a mini skirt sneaking into a doctor’s office to steal records. Why didn’t they just ask for discovery?
Indiana Jones and the Last Crusade
I really related to this movie. No matter what you accomplish, no matter how many children you raise, no matter what businesses you build, no matter how many degrees you earn…your father will continue to criticize you.
No De Facto Parenthood in Maryland
What is De Facto parenthood? It is the raising of a child where an adult has no biological nor adoptive ties to a child. You can feed them, put a roof over their heads, take care of them when their sick, get them to school, suffer with them when they’re down…
“The Maryland Court of Appeal has ruled that the concept of “de facto” parenthood for those who have helped to care for a child but lack biological or adoptive ties is not recognized in that state. Family law attorneys expect the ruling to have broad ramifications for non-traditional families. Advocacy groups said they will petition state lawmakers to pass legislation recognizing de facto parenthood.” Laura Smitherman, Baltimore Sun 05/20/2008
This decision goes so far against the true definition of a “parent.” Being a parent has nothing to do with being present at the moment of conception nor with a document declaring someone a parent. In being a family law attorney, I have been priviledged to know persons who are parents in the truest sense of the word. Some are single parents, adoptive parents, step parents, guardians…anyone who has loved a child
05.30.08
YFZ Update
Yesterday, May 29, 2008, the Texas Supreme Court issued an opinion on the Writ of Mandamus filed by CPS in the case involving the El Dorado FLDS children. The opinion states, “Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted.”
Two clarifications on this matter. I’ve received a lot of e-mails regarding the “orders” of the Supreme Court. The Court did not make any orders. By not doing anything, the Writ of Mandamus issued by the Third Court of Appeals in Austin, Texas remains intact. Second, by making no findings and making no orders, everything in the Supreme Court opinion is dicta.
You can find the decision of the Supreme Court at http://www.supreme.courts.state.tx.us/historical/2008/may/080391.pdf
You can find the decision of the Third Court of Appeals at http://www.3rdcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=16865
Rob Galvin and I were involved in this case and participated in the Court hearing described in the opinions. Our firm, Galvin, Dominguez, Hindera & Schwab, LLP, represents clients in all types of family law matters. You can find us at our firm website: http://www.gdhs-familylaw.com/
