Discovering Larry Rice’s Not-So-Hidden Talent By: Jennifer Bicknell

            Larry Rice took to the podium Tuesday as guest lecturer for Lynda Black, Professor of Family Law at University of Memphis School of Law.  The topic Larry was asked to lecture on was Discovery in Divorce Litigation, however, as he always does, Larry provided much, much more.  Ever the ambassador, Larry opened his lecture with a ringing endorsement of the practice of family law with the promise that it can actually be fun.  As a clerk at Rice Law for almost two years, I can attest to that fact and state that while we work very hard, we also have more fun than people probably think lawyers can or should have at work.

            Larry discussed written discovery such as Interrogatories, Requests for Production of Documents, and Requests for Admissions.  Although written discovery can be admittedly dull, Larry made sure to enlighten the students to the true benefit of these written responses once the opposing party takes the stand or the deponent’s chair.  Larry also discussed the strategy behind depositions and even entered into a mock deposition with one of the students in the class.

            Throughout the 50-minute class, Larry’s energy and passion for what he does shown through and I am sure the only thing Larry would have liked at the end was another 50 minutes just to tell stories.  Larry is truly in his element when he is given an audience and able to discuss what he loves.  So, did Larry miss his calling?  Should he have traveled a different path into academia?  For anyone who has worked with Larry and especially anyone who has been represented by Larry, the answer to those questions is a definite and loud – NO!

Yes Means Yes law by Justin Steele

            California Governor Jerry Brown signed  into law  the Yes Means Yes law the other day, which requires universities within the state to have protocols defining affirmative consent for sexual activities between students.  The goal, obviously, is to make it a little easier for the victims of sexual assault to prove that they did not consent to the advances of their alleged attacker.  By having a law that requires explicit and continuing consent throughout whatever sexual activities occur, the legislature created an environment where the victim won’t be blamed for their silence.   What is interesting to me about the law is that in clause (b)(7) we have a requirement for the university to provide a written statement to law enforcement concerning the alleged assault.   I am certainly not a criminal law expert, however, it would seem to me that the most logical course of action for both the victim and the university is to immediately report the sexual assault to law enforcement.  How did a university’s college disciplinary committee become the go-to authority when a crime has occurred?

            Surprising to no one, there have been some critiques of the new law, which essentially boil down to the idea that if you have to ask for permission it’s not fun.  While I think those arguments are weak, I think universities may have a problem with the clause which requires the disciplinary committees to look at the assault from the lower preponderance of the evidence standard.  In criminal trials the required standard is a showing that the accused committed the crime beyond a reasonable doubt.  I find it interesting that when a quasi-judicial body is involved there is a lower standard despite the fact that being expelled and labeled as a rapist can affect a person’s life for ever.  I am assuming that will be the argument made when this law gets a constitutional challenge.  The state will argue that it’s okay for the school to have a lower standard because it’s not an actual criminal trial and would hardly meet the requirements of a formal adjudication.  Which brings us back to the question I asked earlier, how did a college disciplinary committee become the go-to authority when a crime has occurred?

            The truth is, I have no idea.  I imagine that it became common for women who have been sexually assaulted to go to campus police.  Campus police retained the information and presented the sexual assault report to the university.  The university created a committee to handle the sexual assault and keep it quiet.  Meanwhile, the victim decided to go along with it because she forgot that a criminal conviction is much more serious than an expulsion from a university.  Regardless of any Yes Means Yes laws or No Means No laws, a victim should report to the police.

Preparation by Justin Steele

           One thing that I have learned as a clerk here at Rice, Amundsen, & Caperton is the art of preparation.  A genius once said, “The three most important things an attorney can focus on are preparation, preparation, and preparation.”  From the beginning, it’s necessary to have an eye toward the possibility of litigation.  Sometimes when people are getting divorced they can be a little upset.  Anger and frustration are unavoidable and necessary reactions to an incredibly difficult part of any client’s life.  However, often times that anger and frustration turns into a lawyer having to be prepared to go to bat for many little legal issues.  While the goal is always settlement, it would be a bad idea for an attorney to forget that settlements fall apart quickly and litigation may be the result.  Litigation is not the only thing you have to be prepared for.  For instance, sometimes you have to prepare to meet with a client.   Often times, preparation means looking back through your own notes or mentally preparing to tell a client that you will be parting ways shortly.  On complicated cases, preparation may include the regular acts of researching, writing, getting all your files together, organizing, and indexing,  as well as, holding mock trials and having a team of people throw the most off the wall questions at you.

            Regardless of the way that you prepare or your attorney prepares, everyone can agree that preparation is absolutely the most important thing an attorney can do.  Preparation can make or break a case and an attorney’s practice.

           

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.