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Could it be that the big mystery is finally solved over who fathered Rielle Hunter’s child?  Maybe.  Several media outlets are reporting a secret DNA test was performed on a bit of John Edward’s biological matter and it proves with certainty that he indeed fathered this little girl.

This is all happening as a federal grand jury is deciding whether or not hush money was paid to Hunter two years ago as well as who knew about it if was paid.  Both Hunter and Andrew Young have testified over the past few weeks.  Young is the one who took the fall when the story broke and announced he was the father of this child, despite the potential of jeopardizing his own marriage.  That was his last public appearance and statement since 2007.  Even as he approached the courthouse, he had no comment over his role in this cover-up, if there was one.  Lawyers for both Young and Hunter have said their clients are fully cooperating in the investigation.

The grand jury is investigating whether campaign funds from Edwards’ run as the Republican candidate for vice president were used to pay Hunter to keep quiet about who fathered her now-two year old daughter, Frances.  It’s also seeking to find out the truth about whether or not payments for “videography” were legitimate.

This, of course, reopens the question of what Elizabeth Edwards might now do.  Many have said she was simply waiting for confirmation before filing divorce papers.  Other, however, insist she intends to stand by her man.  This has all taken place as she’s struggled with cancer.

If the grand jury determines the money given to Hunter was done so illegally, Edwards could be facing jail time.  Even worse, the good deed he convinced Young to do could also land his former confidant in jail too, even though that’s unlikely.

There are reports Edwards will be making a public announcement about his paternity.  In the meantime, all eyes are on the missus and are waiting to see what she does, or rather, what she doesn’t do.

Infanticide remains one of the most mysterious and unexplainable human traits and is defined as “the act of killing an infant”.  When a mother kills her offspring, most of us simply can’t understand the thought process that would allow a woman to carry a child nine months, give birth and then take that child’s life. 

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This week marks the arrest of 70-year old Marie Noe in 1998 in Philadelphia.  She was charged with suffocating eight of her children.  Each time one of her babies went into distress, the common denominator was her lone presence.  These deaths occurred between 1948 and 1968.  She eventually confessed to killing four of the children but denied taking the lives of the other four.  Her lawyer negotiated a twenty-year probation coupled with five years house arrest for the now-70 plus year old woman. 

Across the country, sentences vary for women found guilty of murdering their babies.  In 1994, Susan Smith claimed her car was hijacked with her two sons in the back seat, and finally confessed, after a nationwide manhunt, to driving the car into a lake with her children buckled in.  She’s serving a life sentence in a South Carolina prison.  In Texas, Andrea Yates made a 911 call in 2001 claiming to have killed her five children by drowning.  She too was convicted and received life in prison; however, the conviction was eventually overturned and she was found not guilty by reason of insanity.  She’s since been committed to a mental facility in Texas. 

Diane Downs was convicted in 1984 in Oregon for murder, attempted murder and criminal assault.  She also claimed her vehicle was approached by a stranger with an order for her to get out while her three children were in the back seat.  All three children were shot.  One daughter died, while another daughter and a son survived, but who suffered permanent physical and emotional damage. The judge who sentenced her in 1984 was vocal in his desires for Downs to never be released from prison.  She escaped from prison a few years later, only to be recaptured within two weeks.  She was recently denied parole and many believe she’ll never be released.

Clearly, sentencing guidelines vary from state to state and many factors play into how these women are punished.  Maybe it’s that same human nature that drives these women to kill their children that determines their sentences.  Juries and judges are human.  Susan Smith and Diane Downs both played the media and mastered the grieving mother role, all the while lying to everyone around them for weeks and months.  Each allowed law enforcement to continue searching for phantom killers and each allowed other family members to mourn and worry while they had the answers.  Andrea Yates never denied killing her children.  She didn’t allow law enforcement to waste time and resources looking for figment of her imagination she created. 

Regardless of how these cases get played out in the media and courtrooms, and no matter the mother’s behavior, one common thread remains: no one can ever provide a satisfactory explanation for what drives a woman to kill her own offspring.

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 Admittedly, I have very little knowledge of who Jon and Kate are, let alone this magical ‘8′ that follows the title of their TLC reality show, Jon and Kate Plus 8.  Listening to screaming little ones just doesn’t fall into my preferred TV viewing choices, especially if there’s a Law & Order to be found among the available shows.  But it’s hard to ignore the headlines and the news of nearly 10 million viewers who caught last night’s season premiere.  My first question was, “So if everyone’s watching Jon and Kate, who’s paying attention to the North Korean nuke crisis?”

After I delved into the seemingly thousands of websites dedicated to the drama that is now this young couple’s life, I realized there exists the very real possibility of a divorce and custody battle playing out in the media.  Then I realized that magic number ‘8′ is in reference to the number of children this couple share.  Accusations of adultery seems to be what most are interested in and maybe it’s because I’ve come in late on this, I have no idea who’s fooling around on whom, who’s the nagging spouse or for that matter, who’s taking care of these kids while all of this supposed adultery is taking place.  The Learning Channel staff, maybe?

It’s more than surprising when one starts searching for reports from anyone associated with this couple regarding the well-being of these kids should a divorce come to pass.  Clearly, they’re happy kids and despite the constant media up their little noses, they seem to be well-adjusted.  Mom and Dad love these kids, no doubt.  But there are a lot of unanswered questions.   Why would this couple agree to yet another season of this insanity, knowing cameras, both from The Learning Channel as it films their lives as well as the paparazzi, are filming every “evil eye” that’s passed between them and every sigh each time one spouse needles the other?  Aren’t these things better resolved behind closed doors, the way marriages used to work?  Surely by now the money this couple has earned by allowing this all access has been earmarked for lawyers and counselors, especially if they do choose to divorce.  We’ll never know if their lives would’ve been more peaceful had they not chosen to participate in this show, but hopefully, for the welfare of those kids and for their own sanity, they’ll not agree to another season.

If the adultery accusations are true, you can be sure these trysts are more than documented somewhere and depending on which state they reside in (seriously, I never watch this show), one or the other stands to shell out major money each month on child support and possibly alimony payments.

Seems the only thing these two people agree on is how frustrated their lives have become since allowing cameras anywhere near them.  Hopefully, they can find some middle ground before they destroy their marriage and find themselves co-parenting their children from two separate addresses.

Amidst the Economic Downtown, many lawyers are finding themselves out of work. Although many lucrative positions are no longer available at large law firms, laid off lawyers are finding this as an opportunity to do work they are passionate about.

Dave Dineen is one of these many lawyers out of work these days. After graduating in 2004 from Boston University School of Law, he began his career at the prestigious law Firm Foley Hoag LLP located in Massachusetts. Instead of trying for another corporate job, Dineen instead chose to work for Great Boston Legal Services, an organization which provides free and legal assistance(civil only) to low-income people – a job that pays a quarter of his former salary.

“This gave me a chance to do something different with my legal career, and help out people who generally don’t have access to public service,” said Dineen, whose position now focuses on helping people in foreclosure proceedings.

“There is a once-in-a-lifetime opportunity coming out of a difficult situation,” Esther Lardent, president of the Pro Bono Institute in Washington D.C. contends. She is currently involved in creating a project focused a given jobless lawyer in public interest firms.

Over two thousand lawyers have been laid off in 2009 already and that number continues to increase. More than double the amount let go last year. Some first that are struggling to stay afloat as is, have cancelled internship programs affecting many.

This is a breath of fresh air for public interest firms. The state budget cuts and low donation levels may require them to make staff cuts, but with a willing-to-work-for-any-amount pool of overqualified candidates, it is an employer’s market.

Another benefit coming from all the streamlining of previously clunky firms towards maximum efficiency and the creation of web-based firms. Lawyer Ahead Inc, a sleek web based services that connect consumers with a lawyer in both Canada and USA has seen a drastic increase in the number of solo to midsize practitioners sign up.

A partner at Virtual Law, Geoff Willard states, “When you tell people, “I’m going to drop my rates 25%, it is a pretty easy decision for them to hire you.” Likewise, Toronto Lawyer Stephen Offenheim said “Lawyerahead services are highly recommended.  Their services are inexpensive, quality, and an ingenious way to gain exposure.  My Membership has enhanced my client base significantly and I am thoroughly impressed with their services.“

Geoff left his partnership at JLA Piper as he puts it, “[I] was just fed up with the traditional business model that required it to annually increase rates and billable hours to finance ballooning profits and overhead.”

Despite layoffs and an overall decrease in corporate litigation due to cutbacks, there is still hope for lawyers. Virtual Firms and companies like Lawyer Ahead, along with public service are giving lawyers alternatives during the economy downturn by allowing them to either create their own practices and advertise at cheaper rates or contribute to public service.

In the old days, advertising venues for lawyers were limited and expensive. Building clientele meant creating 30-second spots on television or renting billboard space. Thankfully, times have changed. Many lawyers find that publishing articles online is an effective means to grow their business.

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The old saying “The proof is in the pudding” applies and online venues are a great way for attorneys to show off their stuff. By publishing articles online, a lawyer can “show off” by allowing prospective clients and fellow lawyers to sample their work. This is a valuable way to get your name out there and build upon your existing network. One’s expertise is another’s weakness and some find that this can lead to lucrative referrals. Eventually, through enough exposure, clients searching the web for representation may run across your work.

Article archivers are springing up more and more. With a large network of lawyers, JDSupra may be the place to start. Their comprehensive site allows anyone to search documents for free. Registering takes no time at all and then you are ready to start uploading documents. For this, JDSupra has an intricate form, which makes the brief more searchable. Creating a detailed profile is a good idea as well. By sitting down for a couple hours and creating a strong profile.  Likewise Lawyerahead.com and Lawyerahead.ca provides lawyers with some of the best online Marketing tools available today for free.  A couple of other article archiving websites, Scribd and Docstoc are not directed at lawyers and clients, but are definitely worth considering to increase your firm’s exposure and searchability online.

Tagging is an important part of uploading your documents. These tags allow search engines to “see” what your article is about. Use as many tags as possible! The main idea of the document is not the only tag that is important. Remember, the more applicable tags you create, the more terms someone can type in to reach your work.

Starting a blog is another important step. Once you have uploaded articles and documents to an archiver, pasting them into a blog is made easy with the code auto-generated by the archiving site. Once you have a compilation of your work, you have a network that connects to a larger network and makes it easier for clients to find you with search engines.

The big issue is exposure. A thousand people may see a billboard and ten thousand people may view a firm’s television commercial, but millions are online. Opening up to the internet is a guaranteed way to get a firm’s name out there. With proper marketing through articles, blogs and tags, one can increase the traffic volume to their site and grow their business- for free.

Richard Quest, Wesley Snipes, Tim Russert and the iPhone

Continuing with the 2008 review that begins here, some of the headlines from April through June are outlined below. Oh, but the stories told in hindsight!

April 2008

· The YFZ Ranch in Texas, ruled by Warren Jeffs, was raided on April 5^th. 183 women and children are taken into custody sparking a huge controversy and major burden on DHS throughout several counties within the state. Two weeks later, a judge rules the 418 children will remain in state custody. Although the children were returned, there remain problems that are being handled out of view of the media.

· Wesley Snipes is sentenced to three years in prison for tax evasion on April 25^th.

· British Lawyer turned journalist, Richard Quest, was arrested in New York’s Central Park for possession of crystal meth. The Habitat for Humanity volunteer and former news director entered rehab shortly after his arrest.

May 2008

· Oil hits $120 a barrel for the first time on May 19^th.

· On May 13, federal prosecutors indict Barry Bonds for lying to a grand jury and obstruction of justice after he lied about having used steroids.

· The Supreme Court upholds a current law that makes it a crime to send emails offering child pornography, even when the pornography doesn’t exist.

· Crude oil breaks yet another record when it hits $130 a barrel on May 21^st.

June 2008

· June 3 - General Motors closes four factories in Wisconsin, Ohio, Ontario and Mexico. Ten thousand jobs are eliminated.

· Hillary Clinton formally withdraws from the presidential campaign and endorses Barack Obama on June 7^th.

· The Apple iPhone is introduced, complete with GPS and 3G capabilities on June 9^th.

· The US Supreme Court rules the death penalty isn’t applicable for crimes that don’t result in the death of another.

· An ethics panel is put into place that will examine accusations of Christopher Dodd, a Democratic senator in Connecticut and Kent Conrad, a Democratic North Dakota senator, received “preferential” loans via Countrywide Financial. These two senators had sponsored a $300 billion bailout that would affect Countrywide and other lenders threatened by the sub prime mortgage crisis.

· Tim Russert dies on June 13^th after collapsing at NBC Studios in Washington DC where he moderated “Meet the Press” each Sunday.

As June wraps up, we couldn’t have anticipated what would await us in the next three months, including the Caylee Anthony disappearance, the outcome of the Presidential elections, the drastic, and long overdue drop in oil prices, the John Edwards scandal, the OJ Simpson verdict, the current “Big 3″ problems with American automakers and many other “breaking news” stories. And the year’s not even over!

I’ve been awaiting the verdict in the O.J. Simpson trial just so I could post about it. And the day has come. I’m sure anyone would be hard pressed to find more than a small handful of people who believe O.J. did not commit murder in 1995. As we have all heard time and again over the years, he was acquitted of those charges in California. If he thought his life would be one of luxury and

OJ Simpson

overindulgence after the acquittal, he was only half right. He’s redefined overindulgence if for no other reason his extreme narcissism that allows him to believe he’s entitled to all the spoils of a retired successful NFL football player.

For some bizarre reason, he believed he could waltz into a Nevada hotel room and in a Wyatt Earp moment, with guns blazing and big apes on either side of him and demand a host of sports memorabilia be turned over to him. He insists it was stolen from him and he was only reclaiming it. Yeah, well….whatever. Now, much as I was looking forward to the verdict in his trial that concluded on Saturday, I’ve not kept up with the minute by minute goings-on during the trial. Seems as though I wasn’t the only one - not only do most people not even know the district attorney’s name, but we have no idea what shade of blue his or her suit was, nor did we care about the grooming habits, haircuts or love lives of any of the lawyers this go around. And honestly, when I think back to the murder trial in the mid-90s, I can truthfully say I never watched one minute of it, even if it was broadcast on every news network. Still, though, I anticipated the verdict that was announced twenty four hours ago. I doubt anyone, including O.J. Simpson, was surprised at being found guilty on all charges. In fact, I was watching the news when the jurors announced a verdict, which ironically came thirteen years to the day of the verdict in his double homicide case, CNN never even broke in with the familiar foreboding music announcing a breaking news announcement. It was only significant enough to scroll across the bottom of the screen in a red banner.

And here’s where my interest begins to peak. First of all, am I the only one anticipating his attorneys to appeal the verdict based on the jury thinking even if he wasn’t guilty of armed robbery, there’s something he’s bound to be guilty of and since he got away with murder, a guilty verdict would wash, somehow balance the scales? Or maybe they will appeal due to the inability to find a jury who’s lived in a vacuum the past decade and a half and has no idea O.J. Simpson was ever anything other than a football player? And what about the jurors? You know they’re waiting with baited breath for the accusations to start flying regarding their inability to separate the two trials. A jury consists of a panel of people who have careers, kids and bad haircuts; or maybe bosses who they have to make excuses for and spouses who have to make excuses for them - you know, everyday people with lives and joys and heartbreak. There’s a very good chance they will collectively be on the hot seat between the media clamoring for interviews and relatives, co-workers and friends demanding details of whether they ever made eye contact with O.J. or what they had for dinner during deliberations - things won’t be considered normal for them for awhile.

And then - the question on what they did convict him for lies dormant until that almost-certain appeal comes. And then it finally boils down to whether or not anyone cares what he was convicted for, only that this man is finally getting his just desserts. Not very American, is it? Maybe not - but it’s certainly human.

So you get one of those little green “here comes bad news” cards in the mail alerting you to the fact you have a gift at the post office that requires your signature. Your heart sinks to your recently pedicured toes and you think it can be one of two things: the hubby took the chicken route in notifying you of his desire for a divorce, or worse, the IRS wishes to correspond with you. Since you could care less if your less than perfect spouse is up to no good with the secretary from the fourth floor, you begin to prepare for a slow dance with the Internal Revenue Service. It’s not long before you realize you will need the services of a tax attorney. Sounds easy enough, but when you have no idea where to start, it’s more than a little overwhelming. The first thing you want to do is gather any relevant information, including the certified mail that triggered this need for legal assistance. If you’re not sure, err on the side of caution and include paperwork that might or might not be useful. A good tax lawyer will, by nature, have to be a patient soul. After all, he or she deals with the IRS on a daily basis, right? Be sure you’ve made your lawyer aware of any deadlines you might have previously agreed to or any other offers the IRS might have made in the past - before you hired counsel. It’s also beneficial to your sanity to organize this information by date. These problems, nerve wracking as they are, are fixable - but only after you’ve gone through the whole song and dance that will appease the government.

Choosing a good tax lawyer sounds easy, but don’t be fooled. Ideally, you want to choose someone you feel comfortable with and who you feel as though understands the nature of your specific problem. Good lawyers recognize that although they deal with their specialties on a daily basis, each client has his or her own nuances and unique situations. Just as it’s important to choose a lawyer you feel most at ease with, you also must extend a level of trust and know that even if you don’t hear from your lawyer on an hourly basis doesn’t mean your case has hit the back burner. Often, just as you are at the mercy of the IRS’s timeframes, your attorney is too. His training has taught him when to panic and any IRS attorney worth his salt will tell you there’s very little reason, if any, that justifies panic mode. You do your part - provide all of the information that will help your lawyer help you and then give him the time to do the very thing you hired him for: negotiate on your behalf to get you out of this quagmire.

If it’s any help, the IRS, over the past decade, has managed to soften its image as well as its approach to past due tax bills. Only under the most extraordinary circumstances will you face mountains that appear to have no resolution. Usually, a few phone calls, a little negotiation between your lawyer and the IRS and a solid repayment plan will break the chains you feel are weighing you down and preventing you from giving the deserved attention to the other legalities in your life: teaching the hubby the do’s and don’ts of a proper affair and the consequences of having been caught.

Every day, technology via DNA testing, clears those wrongly convicted, determines parenthood and is used to identify victims of crime who cannot reveal their own identities.

Still, there are cases where innocence is proven through other methods.

In Canada, a woman accused a man of raping her and forcing her to consume drugs and alcohol nearly a year ago. This man had been in jail awaiting trial. This, as many rape accusations are, was a classic “he said/she said”. In cases that haven’t progressed through the judicial system long enough for there to be DNA results in the file, it’s very rare that charges are dismissed this early.

Of course, letters from the victim to the accused aren’t usually present either; and certainly not love letters announcing her pregnancy and how beautiful it will be to raise their child. But that’s just what happened in this particular case. The man turned over letters he’d received since his arrest that clearly cleared him of those charges. At first, the woman denied she’d written them and insisted they were forged and in a “Casey Anthony” moment, allowed it to move forward until they were actually in the courtroom before fessing up.

So now we’re looking at a wrongly accused man, wasted court time and lies a woman told. So what, if any, punishment should she face? It’s been suggested that she be charged with perjury and “mischief”. Mischief? I’m thinking charges should at least appear to sound as serious as what she’s done.

I have no idea if there are any mental issues she may have been diagnosed with, but I’m guessing that’s little consolation to this man who, although has been cleared, must now deal with the stigma of such a charge. Charges being dismissed isn’t synonymous with his name being cleared. At a minimum, this woman should be made to incur all legal costs - including this man’s attorney’s fees. Further, she should be made to repay all lost wages because of his time spent in jail and finally, she should be made to deal with whatever issues in her personal life that led her to accuse this man of rape. If drugs and alcohol were involved, she should be made to clean her life up. If there are diagnosed mental illnesses, she should be ordered to undergo psychological testing and made to follow any recommendations. And, yes, I am fully aware of the controversy regarding forcing people to treat disorders - whether physical or mental - when they have no desire to do so; however, when those desires to do nothing begin to affect anyone else, it’s a different story.

Those who cry wolf not only change the lives of the ones accused, but it forces efforts made by social structures, via police and aftercare for true rape victims, to continue the “one step forward, two steps back” cycle.

We’ve all seen the news the past few days of how the economy is in big trouble and for the first time in a long time, it’s not the oil companies in the crosshairs.

Lehman Brothers and AIG are the two players who seem to be responsible for the breaking news emails. It’s difficult, at best, to understand why our sympathies should be directed to those at the top of the food chain. I’ve no idea either. I happen to believe in karma and maybe it’s time for another round of tumbles from these high pedestals.

But since it appears homeowners, especially those with the misfortune of having an adjustable rate mortgage or have what’s referred to as a “subprime mortgage”, will feel the pain in short order - we all know the trickle down effect of how the American economy works, maybe it’s time for a reminder of the fact they’re not alone.

Those in this category appear to be most at risk for foreclosure or bankruptcy proceedings. What generally happens is a potential homeowner, who sees an ad promising 100% approval for applicants, will apply for a mortgage. His credit history is the single most important factor in this entire process. If his credit is less than stellar, as most histories are, he might be offered a higher rate on an ARM. He gets a crash course of what that means and realizes it boils down to higher monthly payments and for two or three years, a consistent monthly payment. After the twenty four months (or thirty six months) elapse, the bank has the option to adjust his monthly payments, with little or no warning, to reflect whatever state the economy is in. What’s not as well known as it should be is that at this point, provided the homeowner has taken advantage of the tax incentives and has managed to improve his credit scores, is the option to refinance into a fixed (read: consistent) rate. Many do, but many don’t. It’s those who don’t refinance and stay in this unpredictable cycle of not knowing what their mortgage payments will be who are most at risk for foreclosure or bankruptcy. Foreclosure is to a homeowner what Ike was to Galveston. These homeowners usually lose their homes, or for those who file bankruptcy, they do have the option to keep their homes. The stress involved with financial uncertainty, the fear of foreclosure and/or bankruptcy prevents an objective plan of action, including thorough research into options that may not have even been considered. As I’ve mentioned before, there are many programs available to assist struggling homeowners. Everything from providing low interest loans to bring mortgages current, to assisting homeowners in their efforts to work with their mortgage companies to renegotiate a payment plan for the arrears - these are all options and are available with few or no restrictions.

It’s important to realize the attorney you sat down with at the loan closing is a title attorney and his job was to ensure the title had no liens and was otherwise clean and transferrable. You might have noticed he most likely came in long enough to ensure your competency and ability to understand what you were signing, and then had everything signed, and at that point, he certified there were no liens on your new home. But he did that at the request of the mortgage company. A title attorney’s major contribution to this entire process was the title search that was conducted while the paperwork was being processed and routed.

If you’re facing bankruptcy, and are certain there’s no other way, it’s important to find a lawyer who is experienced in these proceedings, is sensitive to the emotions people experience once they realize this is their only option and who will be available to answer your questions during the entire process. It’s also important to realize that as traumatic as it feels now, the future can offer a better financial outlook and it’s up to you to build upon that future - and know that in the whole scheme of things, when you look back on your life, you’ll see it as unfortunate, but not the end of the world and moving forward is the common denominator in each of our lives.

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