Al Nye The Lawyer Guy

I've Joined A Firm!

Wondering why you haven't seen any posts lately?

I've joined the law firm of Robinson, Kriger & McCallum.

Come give their website a look: http://www.rkmlegal.com/info.php?sec=2&pid=49

 

Do Your Divorce Right by Andrew Horton and John David Kennedy

Do Your Divorce Right

By Andrew Horton and John David Kennedy

Tower Publishing

$16.95 softcover, 377 pages, 978-0-2019955-3-8 (2011)

 

This book should be required reading for all couples going through a contested divorce in Maine – it’s that good. Just as couples are routinely sent to Kid’s First, so too should they be required to read this excellent family law guide.

Judge Horton has been on the bench since 1999, Judge Kennedy since 2002, and their knowledge and wisdom shines through on every page. Want experience? The judges note in the introduction that they have “presided over than 10,000 trials or other courtroom events in family law cases.” I’ve been practicing law for over 30 years and was able to glean tidbits of wisdom in every chapter.

The back cover of the book states that it is a guide to help you understand:

•             What happens – from separation to final decree – and beyond

•             How to find and keep your lawyer

•             How to deal with predatory lawyers and difficult ex’s

•             Dispute resolution options, including mediation and collaborative divorce

•             How to avoid trial – but also how to prepare your case for one if you have to

•             What to expect and how to act in the courtroom

•             How to impress the judge – in a good way

•             Courtroom jargon and rules of evidence

•             Use of checklists & sample child custody schedules

•             How to achieve closure and peace

As I read through the book, I was amazed at how clear and simple the judges were in explaining somewhat complicated concepts. The judges wisely included a glossary of certain legal terms and concepts at the beginning of the book. That being said, this well-written guide uses layman terms as often as possible.

Judges Horton and Kennedy do an excellent job of pointing out cross-references to other chapters throughout the book. This allows the reader to pick and choose which topic is most relevant to that person. Those who want to read the book cover to cover will not be disappointed. The appendices contain various financial worksheets as well as basic instructions on rules of evidence, a mediation and settlement agreement checklist and sample agreement, and web links to additional information.

This book offers a step-by-step guide to the entire divorce process – and so much more. There is a chapter on appealing your court decision, and the last three chapters of the book deal with post-divorce litigation, including: motions to modify, motions to enforce or for contempt, and starting over, achieving peace. For family law lawyers like myself, there are much-needed pearls of wisdom for those couples facing ongoing issues after the divorce judgment has become final.

What made this book most enjoyable for me, were the numerous sidebars written by the judges detailing their actual courtroom experiences. In talking about the “best interests of the child” rule, for example, Judge Horton wrote this sidebar:

Judges have ways of finding out just how involved a parent has been in a child's life. During a trial over custody in which both parents claim to have been very involved with the child, I asked each parent to write down the names of the child's teachers and doctor. One parent was able to provide all the names without difficulty. The other parent, after much hemming and hawing, admitted to not being able to remember any names, but claimed to have a bad memory for names.

The authors even included a chapter on people involved in high-intensity, high conflict family law cases and determining in those situations if one or both of the lawyers involved might be the root of the problem. The judges then go on to describe how some family lawyers evolve into twerps, bulldogs, or sharks. I smiled reading the definitions of those lawyers and nodded my head thinking of a few lawyers in each of the categories. (After reading this chapter, you lawyers out there will know who you are.)

After reading this book, it’s abundantly clear that the title fits perfectly. It’s not “Do Your Divorce” – it’s “Do Your Divorce Right.” The addition of that single word makes all the difference. The authors emphasize over and over how to do things right at every state of the proceedings. I’m convinced that if more people were required to read this book at the beginning of their divorce that there would be fewer cases going to trial and more agreements reached.

Whether you are thinking about a divorce, going through one, or you’re a lawyer representing someone in a divorce, order a copy of this book today. It’s no wonder that all reviews on Amazon have given it five stars. For lawyers who practice extensively in family law, pick up a dozen copies and hand them out to your clients. It’ll save you a lot of time and effort in explaining the divorce process to your clients; they’ll learn all they need to know about dealing with their soon-to-be ex-spouse and their children; and they’ll be better prepared to assist you in the divorce process.

For those going through this often heart-wrenching process, judges Horton and Kennedy have provided an excellent guide for both pro se divorce litigants in Maine and their lawyers alike. You won’t be able to find a more helpful source of information.

Buy it on Amazon here.

Searsport Delighted To Have No New Business

As reported in the Portland Press Herald today, the town of Searsport appears delighted to reject a planned a 22 million-gallon liquid propane storage tank in town. This was going to be a $40 million terminal that I can only assume would bring more jobs and business to the town.

But like most Maine communities, there was widespread opposition to the project. It seems that every Maine city and town has it hard-coded to immediately think "no" when new business is proposed. And if it is something major -- like a building wanting to expand beyond height limits, or a company wanted to build in a different zoning area -- well, heaven forbid.

No, Mainers don't want major developement; they don't want to upset the status quo; they don't want big business if it means any significant change. Don't block my view. Don't cut those trees. Don't increase traffic. Do whatever you want in some other state, some other community -- just not in my back yard.

We don't need propane storage tanks in Searsport, or housing developments in northern Maine, or wind turbines Downeast, or buildings that are too tall in Maine's largest city.

Keep things just the way they are. So what if the state is growning older and older, and that young people are flocking for the borders as soon as they graduate from high school. So what if the population isn't keeping pace with the rest of the country, that there are no quality jobs to be found, that state regulations and taxes make practically any other state more attractive to business owners.

No wonder when I was a kid back in the 1960's I was taught in school that Maine has a population of about 1 million people -- and now, 50 years later, the population hasn't really changed much.

That's the way Mainers like it. No change feels just about right.

Except of course, that no change also means no progress.

Books, books, and more books. I've read a lot of books lately but have found it difficult to find the time for reviews. Some of the titles include: Suspect by Robert Crais; Alpha by Greg Rucka, Live by Night by Dennis Lehane, The Panther by Nelson DeMille, Threat Vector by Tom Clancy, and Ironhorse by Robert Knott (carrying on the western novels by Robert B. Parker).

What have you read lately?

A Wanted Man by Lee Child

A Wanted Man

By Lee Child

Delacorte Press

$28.00 hardcover, 405 pages, 978-0-385-34433-3 (2012)

            This novel begins with Jack Reacher in Nebraska hitchhiking his way to Chicago. He’s picked up by two men and a woman. At first glance, they appear to Reacher to be middle ranking executives on some type of a team building exercise.  What he doesn’t know is that the town he’s hitching from just had a man executed in an old pumping station. The man’s killers have vanished and the FBI soon takes over the investigation of the case. As Reacher and his companions leave town, a desperate search for the killers is begun – though Reacher knows nothing about it.

            But he will. Because he quickly figures out that the people that gave him a ride are not who he first thought they were. Something is wrong, very wrong. And as usual, Reacher is right in the middle of it. So although he wants to get to Chicago, he’s neck deep in a conspiracy that requires his skills to unravel the mystery.

            And make no mistake about it – Reacher has the same types of skills that Liam Neeson talks about in the movie Taken:  “What I do have are a very particular set of skills; skills I have acquired over a very long career. Skills that make me a nightmare for people like you.”

            Reacher goes into action in the second half of the book. As usual, he figures out what is going on way before the reader does. It’s here that the book picks up steam and the reader is treated to vintage Reacher – taking out bad guys left and right while skillfully working toward his goal.

            After he wins her trust, he teams up with FBI agent Julia Sorenson. Together they figure out what is going on and join forces to stop it. For those readers who think the first half of the book is going nowhere, hang in there. The second half shines; it will have you flipping through the pages to get to the ending. Reacher has his own moral code and often doesn’t hesitate to take justice into his own hands.

            And as the bad guys soon learn to their detriment, Reacher has developed a particular set of skills.

            By it on Amazon here.

 

Power Play by Patrick Robinson

Power Play

By Patrick Robinson

Vanguard Press

$25.00 hardcover, 336 pages, 978-1593157319 (2012)

For those unfamiliar with this author, Power Play is a continuation of the Mack Bedford series. I’ve only read one other in the series, but I have to confess that it grabbed my attention much more than this novel.

Mack Bedford is a Navy SEAL that is everything you imagine a SEAL would be like: tough, resourceful, intelligent and utterly fearless. It’s a pleasure to read about how a Navy SEAL operation is thought out and planned. This futuristic political thriller, unfortunately, had way too much technical justification for the plot and not enough action. Bedford doesn’t even enter into the plot until nearly half way through the book.

The novel centers on the response to U.S. military forces that help Israel by taking out the nuclear development in Iran. Iran’s missile defense system was planned by Russia, so in retaliation, Russia plans to launch two nuclear missiles to hit Fort Meade near the District of Columbia.

Although there are a few sub-plots running throughout the book, the main action involves the Navy Seals group lead by Bedford. (I must admit that I did enjoy the far-fetched plot involving Ireland.) Various facts about submarines and the geography of the ocean were new and interesting. The scenes with the SEALs training and going into action were realistic. But due to the slow pace in getting the action going, the novel lacked a lot of suspense just when it was needed.

Buy it on Amazon here.

I'm way behind in catching up with things on this blog. After the New England Patriots beat up on Houston tomorrow, I'll spend more time here. I have at least a half a dozen book reviews to post too. Stay tuned!

Discretion by Allison Lotta

Discretion

by Allison Lotta

Touchstone

$25.00 hardcover, 321 pages, 978-1-2019-4484-5 (2012)

 

This author's second novel starts fast and moves at an ever increasing speed. A beautiful woman falls to her death from the balcony of the U.S. Capitol where she was visiting Washington D.C.'s only congressional representative. The investigation shows that she had been sexually abused and it appears that the fall was not an accident.

It soon becomes clear that the murdered woman was a high-end prostitute working for an exclusive escort service name Discretion. This agency caters to D.C.'s elite men of power and wealth.

Assistant US Atty. Anna Curtis and chief homicide prosecutor Jack Bailey work together to solve the crime. At the same time, they keep secret they’re romantic involvement and the fact that they are living together. Jack is 10 years her senior and Anna had a rocky start at the U.S. Attorney’s office with a personal relationship. She doesn’t want their budding romance to cause her to lose respect at the office.

As always in Washington DC, politics plays a part in nearly everything. Due to the sensational media attention the case generated, it soon becomes evident that the investigation needs a shakeup and Jack is removed from the case for what he believes to be questionable reasons. He’s also very upset that Anna failed to have his back in a meeting with their boss. After he’s removed from the case, he confronts Anna.

            Jack put his hands on his hips. “This works out perfectly for you, doesn’t it? You’ve got your big case. Now you can go ‘prove yourself.’”

“That’s not what this is about and you know it. If you stayed on, it would have hurt the case. It would have hurt you in the end. I was trying to protect you.”

            “By stabbing me in the back?” Jack’s green eyes glowed with anger.

This author does an excellent job of describing Washington's famous locations and in portraying the secret social club where powerful men escape from public view. It’s clear she’s very familiar with how politics permeates everything in Washington. It’s also obvious that as a former federal sex-crimes prosecutor, she knows her way around the criminal justice system. 

This is a character driven novel and ratchets up the tension as the mysteries are gradually revealed. Breaks in the case seem to only lead to more questions. The author deftly keeps the reader guessing right to the very end.

Buy it on Amazon here.

Patriots choke against Seattle

The Patriots blew a 13 point lead in the 4th quarter against the Seahawks and lost 24-23. This, unfortunately, seemed to be the Patriots of old.

Think about last season. How did the Pats lose games? The offense sputtered and seemed nonexistant when the game was on the line. The defense, especially the pass defense, was a sieve -- a wide open net that let passes slip through it.

So what happened in this game?

The Pats were in the red zone six times and only scored once. A couple of intentional groundings by Brady didn't help. On defense, it appeared that the secondary was unable to stop the pass. They either allowed their men to streak down the field for huge gains (and the winning touchdown), or else failed (twice) to stop passes in the endzone. When they weren't giving up passes, they were called for pass interference. For all the picks the Pats used during the preseason on defense, they still don't have a dependable pass defense. There is no excuse for all the long completed passes in yesterday's game.

This was a game the Patriots should have easily won by at least two touchdowns. Instead they are now 3 - 3 and facing the Jets next week. If this team is going anywhere in the post season, they need to step up now.

Taken 2 has arrived

Taken 2 has just hit the theaters and my daughter Ali wants to see it bad. I enjoyed the first one too and will wait until she gets home from college at Thanksgiving so we can see it together. Anyone else out there waiting to see Laim Neeson dispense with a bunch of bad guys?

It probably won't be critically acclaimed -- but I'll bet lots of folks will see it. Will you?

 

 

Patriots Put Away Bills

 The New England Patriots needed to have a big second half after playing poor football against the Buffalo Bills and heading into the locker room at half time down 21 - 7. The offense turned it around in the second half with everyone getting into the action. The result was a 52 - 28 run away game for the Pats.

It was the second half where Brady went to work and picked apart the Bills defense. Put Brady in the shotgun with no backs in the backfield and all his eligible receivers scrambling and as long as he has protection, he's going to make something happen. Combine that with some running to mix things up (Brandon Bolden and Stevan Ridley both ran for over 100 yards) and you've got a potent offense.

How potent? We'll see next week against the Broncos. Peyton Manning is bound to scorch the Pats defense so Brady and company with have to score.

Patriots upended by Ravens

The New England Patriots go down to defeat for the second week in a row in this young season, losing 31-30 on a last second field goal by Baltimore. And, despite using nearly all their draft pics and trades to shore up their aging defense, it was the defense that failed again when it counted -- although the offense certainly shares some of the blame.

It was the offense, after all, that had the ball in the final four minutes. Had Brady and his offense been able to score, the victory would have been sealed. But they had to punt and it was the defense with 2:01 left in the game that would decide things.

(Though not just the defense -- in truth, the replacement refs were atrocious. It was literally the worst called football game I've ever seen -- including college and high school ball. The many, many questionable and no calls were an embarrassment to the NFL. But this is no excuse for the Pats. After all, there were plenty of bad calls for each team.)

The Pats were ahead and could seal the game if they could just hold the Ravens scoreless for the final two minutes. They couldn't do it. The Ravens marched the length of the field and scored the winning field game.Easy passes and a pass interference call ended their chances.

Now the Patriots have to figure out how to get back to their winning ways. This is not a good start to a schedule that was initially described as the easiest in the league. If the Pats are starting an easy schedule at 1-2, what are they going to do against tough opponents?

It's time for this team to assert itself. It has the talent -- the question is whether it has the will and dedication to put everything together.

The Risk Agent by Ridley Pearson

The Risk Agent

By Ridley Pearson

G. P. Putnam’s Sons

$25.95 hard cover, 428 pages, 978-0-399-15883-4 (2012)

            I hadn't read a Ridley Pearson novel in years but saw a good review of The Risk Agent and decided to give it a chance. I'm glad that I did. The book takes place in Shanghai where a Chinese national and his security guard who work for an American construction company are kidnapped. Private investigation is illegal in China and the company’s security contractor that specialized in negotiation for and recovery of kidnapped hostages must turn to outsiders for help.

            This is where things get interesting. Grace Chu is a forensic accountant trained by the Chinese military with an exceptional American education. She is partnered with John Knox, a U.S. citizen with military training and plenty of street smarts. The cultural differences between the two appear at times to be overwhelming, but somehow they mesh and make their investigation work.

            The Chinese background and differences in culture make for an interesting read. This book reminds me somewhat of Michael Crichton’s novel Rising Sun. This novel is more espionage than suspense or thriller. However, I enjoyed the interplay between the characters and believe this is wonderful first installment in a series. I hope so because I’ll be sure to look for the next title.

Buy in on Amazon here.

Amped by Daniel Wilson

Amped

By Daniel H. Wilson

Doubleday

$25.00, hard cover, 274 pages, 978-0-385-53515-1 (2012)

            I read this author's previous book, Robopocalypse, which I enjoyed very much. It was for that reason that I was looking forward to his next novel. Robopocalyse was a unique novel featuring a man-versus-machine end of the world scenario that included sentient robots that also assisted humans. It was a wonderfully creative novel and I read somewhere that it will be made into a movie. If so, I'm sure it will be highly entertaining.

            Unfortunately, Amped was a disappointment. The book is about amplified humans with electronic devices inserted into their brains to help control learning disabilities, assist users with prosthetic limbs, and repair neurological disorders. All is well until the Supreme Court rules that these amplified humans are not protected by the same basic laws as others. (Think mutants v. humans in the X-Men movies and you’ll get an idea of the problems faced by “amps”.) This begins a new class war between ordinary people and “amps.” In the middle of this struggle is Owen, an amp with secret powers that were given to him by his father, the doctor who originally implanted the device.

            Most of the things liked about Robopocalypse were missing in this novel. The interaction between humans and amps was not nearly as fascinating as the collaboration between humans and robots in Robopocalypse. Instead, especially when Owen begins using his amplified powers, the story lost its meaning and reverted to a comic book superhero plot.

          The author is being compared to the next Michael Crichton, but for me at least Amped failed to live up to its potential.

          Buy it on Amazon in hardcover here. and Kindle here.

In Mourning for Outback Steakhouse

 I'm in mourning. I read in today's Portland Press Herald that the only Outback Steakhouse in Maine has closed. Since the store opened in South Portland, I have probably eaten there over 100 times. It is my favorite chain restaurant and I have never had better tasting ribs anywhere. According to the newspaper article, I'll now have to travel to Peabody, Massachusetts to enjoy Outback's delicious food. No more Bloomin' Onions, baby back ribs, coconut shrimp (my Mom's favorite), Drover's Platter (my son's favorite), or chocolate thunder from down under (everyone's favorite).

I'm going through withdrawal just thinking about it.

What happened? Why is it closing now -- in the middle of the tourist season? Is there any chance that it will reopen or another Outback will come to Maine?

Jacques deVillier on Fire

A good friend of mine who owns Old Port Wine & Cigar, Jacques deVillier, has recently decided to begin an exercise program that involves lots of walking. He's even walked 5k and 10k races -- including the just completed Sea Dog's Mother's Day 5k as shown below.

For the full effect, when looking at the picture, click on the music link below it.

 

Vangelis - Chariots of Fire Theme

 

In Jail and having sex --

Talk about making your parents proud. A male inmate in the Cumberland County jail has had his picture and that of the female prisoner he had sex with on the front page of the Portland Press Herald the last couple of days because of how he managed to slip out of his cell and into hers almost -- almost without being noticed.

Talk about making your parents proud!

Not only is your son or daughter in jail, but now there pictures are plastered on the front page of the paper for having sex while in jail.

Cumberland County Civic Center Renovations

From these articles in the Portland Press Herald, here and here, it's clear that spending $33 million to renovate the Civic Center is going to be money wasted unless they try to substantially expand the seating of the place. As Steve Crane, general manager of the civic center, states:

    "The first thing that happens is, I get a call from the promoter, somebody who buys the talent and takes the financial risk," Crane said. "The first thing they want to know is if we have that date open. The second thing they want to know is how many seats we have."

The civic center has a maximum concert capacity of about 8,000, as compared to about 11,700 for Manchester, NH and 20,000 or more concert seats at Boston's TD Garden. With all its gambling money, even Bangor will soon have a very modern $65 million civic center with a similar seating capacity.

So capacity sells. So, you might ask, what are the planned renovations for the Cumberland County Civic Center? As stated in the article:

        The civic center renovation will not significantly increase seating capacity, but will add premium suites and special seating opportunities to patrons. It also will expand the concourse to improve concessions and rest rooms, and rebuild the loading docks and staging areas.

In other words, the $33 million will be window dressing that will not significantly do anything to increase business at the Civic Center.

What a waste.

 

Super Bowl Final Words

Make no mistake, I'm a diehard Patriots fan. But I wasn't surprised by the result. My prediction for the game was 24-21 Giants. Why?

They beat us 4 years ago in the Super Bowl and they beat us this year at home. I didn't care what Vegas said about the odds or point favorite being the Pats -- the Giants are a better team.

I told at least a dozen people over the last two weeks that I expected the Giants to win. That's not to say that I wasn't there rooting for the Pats on every play -- I was. And when 10 big wigs from Maine predicted the score of the big game in Saturday's paper, only Stephen King astutely predicted a 24-17 Giants win. And he's an acknowledged New England fan just like I am!

So what happened?

The Giants got most of the breaks and New England's offense failed them at a critical time. Case in point: New Englad forced three fumbles and the Giants got back every one of them.

And when the Pats were ahead on the scoreboard and trying to run down the clock, Brady passed with about four minutes left to a wide open Wes Welker. This catch would have made a first down and allowed the Pats to run down the clock -- perhaps after scoring and putting the game out of reach. Unfortuneately, Welker dropped the ball.

The result of that drop was that the Giants marched down the field and scored the winning touchdown, leaving less than a minute on the clock.

Then the Pats had the ball again -- but the receivers couldn't hold onto the passes. In the final crutial set of downs, Branch couldn't come up with a ball that was only slightly tipped; Hernandez dropped the next pass as he was trying to get upfield before hauling the ball in; and then Brady was sacked.

The final play was a Hail Mary that every person playing and watching the game knew was coming. When it was batted down, the Pats once again went home empty handed.

Some fans will undoubtedly blame the defense. And sure, that was a heck of a pass Manning made to Mario Manningham during the Giant's final scoring drive. But it was a perfect pass followed by a fantastic catch.

The problem the Pats had was getting their own offense in gear. You can't expect to win the Super Bowl by scoring only 7 points in the last two quarters of the game. Brady had a solid game -- there's not a lot he can do when his receivers are dropping balls. But the Patriots needed to take a few more chances to get into the end zone.

Manning has proven that when he gets the ball toward the end of the game with just a few minutes left, he's going to score. Everyone knows it. He got the ball with just over three minutes left in the game. He drove 88 yards in nine plays. He scored. The Pats couldn't stop him.

The Patriots had their opportunities but they missed them.

End of story. End of season.

Taken By Robert Crais

Taken

By Robert Crais

G. P. Putnam’s Sons

$26.95, hard cover, 341 pages, 978-0-399-15827-8 (2012)

Talk about an enjoyable read. This novel has it all: Elvis Cole and Joe Pike, innocent young adults, a determined parent, evil men and women with no sense of morality, and bajadores – ruthless bandits who prey on other bandits. Mix them all together with drugs, weapons, the buying and selling of victims, and brutal murder and you have the ingredients for compelling novel.

Add the painstaking detective work, the genuine humanity, the nerve-racking tension, the thrilling action, and unbelievable suspense that only a talented writer like Robert Crais can bring to this novel and you have a thriller that you won’t soon forget.

Taken is the fifteenth Elvis Cole and Joe Pike novel and it’s the first to feature them both equally. While I’ve enjoyed the last two books that had Joe Pike in the starring role, this novel ratchets up the tension by having Cole lead early and Pike take over in the second half.

The story centers on a young Latina and her Anglo boyfriend who are kidnapped by bandits along the Mexican border. These criminals are the worst of the worst – preying on other criminals figuring they can’t or won’t go to the police. This novel centers on bajadores who steal immigrants bound for the United States. This people kidnapping business is a rampant but often ignored problem along the Mexican border.

The mother of the kidnapped woman hires Elvis Cole to rescue her daughter. Cole soon discovers what has happened to her and he enters into a risky arrangement with a Korean organized criminal.  It’s a desperate move and Cole knows it.

“I was now in business with a Korean gang known for extortion, brutality, and violence, and about to put  my trust into a drug cartel known for torture and mass murder. I told myself it was worth it. I told myself  I had no choice. I lied to myself, and knew I was lying, but chose to believe the lies.”

When the plan doesn't work out, Cole is seized by the bajadores and Pike must come to his rescue. With backup from fellow mercenary Jon Stone, Pike follows the trail left by his captors and holds nothing back from search for his best friend. The feds are also on the hunt for Cole and Pike must find him first before the federal agents make mistakes that could blow Cole’s cover – and his life.

This is vintage Robert Crais weaving one of the most suspenseful thrillers I’ve read in a long time. This is a book you’ll want to savor but if you’re like me, the tension will build so quickly that you’ll be unable to put it down. I finished it in a weekend. With fewer things to do, I’d have been done the same day.

Buy it on Amazon here.