Do People Really Make it to Forty Years of Marriage? By Jennifer Bicknell

            To those who work in the family law arena, the idea of “wedded bliss” may not seem like a viable term.  We engage all day with people who are facing the worst aspect of marriage – its demise.  The effect of this can take its toll and turn even the most open of hearts into the most jaded of hearts toward the institution entirely.

            Larry Rice’s experience in working with divorces day in and day out does not seem to have adversely affected his ideas about marriage and it was a privilege this weekend to help celebrate Larry and Joy Rice’s 40^th wedding anniversary.  Larry surprised Joy with a party at the Peabody Hotel in the very room the two attended their first dance together.  Among the many family and friends wishing Larry and Joy a very happy anniversary were members from their wedding party and the person responsible for Larry and Joy’s first date.

            It was an evening filled with wonderful conversation, great food and drinks, and dancing to songs spanning the range of their marriage.  The night could not have gone better and any worries that Larry had about Joy finding out about the surprise party were all for nothing because Joy was completely surprised as evidenced by the look on her face when she came into the room.

            Larry and Joy Rice show that it is possible to happily make it to forty years of marriage.  Congratulations Larry and Joy on your first forty years and many happy wishes for your next forty years!

           

Summer Interning at Rice, Amundsen and Caperton by Bo Murphy

           When I started working at Rice, Amundsen and Caperton, I honestly was clueless about how the inner workings of a law office functions, how cases travel through civil courts, or even how to start a law suit. Over the last several months I have not only learned these three important things I referred to, but so much more.

            One of the best advantages of interning at Rice Law is the fact that the attorneys and staff are invested in producing a more intelligent and workforce ready generation of attorneys. While the team at Rice Law makes sure that the interns are broken in properly, e.g. going to Starbucks and making a lot, lot, lot of copies, they also have a firm realization that the interns will be attorneys soon. The whole team sincerely cares about the summer interns learning how to function as an efficient attorney and officers of the court. After discussing this topic with my peers, I realize that I have had a rare opportunity to be exposed to a substantial amount of the legal field in just one summer. Not many interns have the opportunity to follow a case from the initial client conference through to the end, as I have been able to do this summer.   

            While I had the opportunity to intern this summer at larger firms, I am honestly glad that I chose to work at Rice, Amundsen and Caperton. The knowledge that I have gained, the people I have met, and the experiences I have lived by being a part of the Rice Team will stay with me and carry me much farther than just family law, it will strengthen my understanding of jurisprudence after graduation, no matter what legal field I enter after graduation.

A Brief Overview of the Adversarial System by Justin Steele

            We use an adversarial system, which means we have at least two opposing sides that fight for their respective sides before an impartial party who makes the decision.  This is an easy concept: lawyer v. lawyer and judge decides.  Justice is decided when one party’s facts or reasons in law convince the judge that their perspective is the right one.  By pairing every perspective with its opposing perspective we create a system where the most information is gathered and shared and the truth will win out.

            Interesting fun fact, according to some the adversarial system originated in the initial practice of trial by combat.  While trial by combat was almost entirely useless when it comes to discovering relevant facts and making a logical decision it did provide for certain people (mostly women) to have a champion.  And thus the lawyer was born. 

            This is an extremely useful way of completing a story because the rules of evidence require that both parties give each other and the court the information that they find.  This information is then used either to impeach one sides story, which would harm their veracity (capacity for truth-telling), or is used as actual proof of why one side is right or wrong.  The rules of evidence are a huge subject and I would love to discuss them (not really) but they could not be covered in one blog post.  Anyhow, once the parties have made their discoveries and handed them over to one another and the court there is typically a very clear picture of what has been going on.  Therefore, the judge just has to use the facts in the case and the relevant statute and case law to come up with the most reasonable solution. 

The Benefits of Mediation and the Temptation of Trial by Bo Murphy

            This week I had the privilege of sitting in on my first mediation, and it was in the divorce of a long-term marriage. Before my time at Rice Law, I really did not know much about mediation, or the reason why the State of Tennessee forces such a process upon every divorcing couple in the state. After seeing the process this week, I strongly believe in the method and that with the proper mediator and an open mind most cases would settle.

            A common phrase in the divorce field goes something like the client telling the attorney, “I would rather pay you all of my money in trial, than my spouse get anything.”  While the attorneys would be more than happy to oblige this request, it would not be good for the client or their family. One of the benefits of mediation is that it helps the unrealistic or unwilling client to see the benefits of settling the case that day and agreeing to perhaps less than they wanted, but more than the risk of litigation, or as attorneys say, “It gives the client one in the hand, instead of going for the two in the bush.” By doing this, it ensures that the client will be able to live their life with much more than if they continued the case on to trial.

            This possibility of getting everything from the opposing spouse at trial, which never happens, is what breaks down all barriers at mediation. The good news for attorneys having this type of client is that they can keep their client from having this mindset from the start; all they have to do is make their client see the reality and risk of litigation and the benefits of settling at mediation. As soon as the client files the complaint for divorce, their attorney should be developing a positive outlook towards mediation, instead having it represent another step to trial.

            It is a certainty that not all people will settle their case in mediation for a variety of reasons, which include a poor mediator, lacking attorney efforts, etc. Even though it is a certainty, the legal field can still attempt to get as many mediated out as possible, thereby saving the client time, money, and heartache.

Parenting time and technology by Justin Steele

            There are rules in family law that say a residential parent (the parent with whom the child resides the most) cannot move the child more than 50 miles away, or out of the state, from the other parent without a court order or consent of both parties.   That is still true, but the other parent is free to move as long as they want to reduce their parenting time.   This option is becoming more viable because of the advent of many different types of communication.   Now a parent can buy their child a cell phone, laptop, or tablet and Facetime, iMessage, Skype, Whatsapp, text or even call their child 24/7.  For minor children, the residential parent is required to allow the non-residential parent to speak with the child at least twice a week.  This is not a bright line rule and there is movement, if the child is young then the parent will probably want to speak on the phone or by Skype more than twice a week.

            Not only has technology made parenting and parenting time easier between the non-residential parent and the child but it has made it easier to coordinate between the residential and non-residential parent as well.  In the case of an emergency, normally both parents now have cellphones so they are more accessible.  If the parties cannot get along to any degree, then the most contact that the parties have to have is through email or text message.  While constant contact can be considered a negative, I think that the communication capabilities of technology can really improve parenting time.

            Generally, older children have cell phones now, which make it much easier for the non-residential parent to have at least some contact with them.  Though, the child may choose, like some teenagers do, to not answer their parent’s phone calls they will still see a text message.  Technology is really making the world a more connected place.