Legal Quotations

Part of the Crouch & Crouch law firm's Family Law Materials Quotations selected and presented as "Legal Quotation of the Quarter" in their state bar's family law newsletter by Richard E. Crouch and John Crouch
Spring 2002-- "This is the Nineties."

- A Virginia judge on Feb. 14, 2002, explaining a custody award of three girls to their mother, who was romantically involved with her husband's 20-year-old nephew (the children's cousin) and had illegitimate twins by him.
Winter 2001-- "We have got to stop having our profession ruined by the people who can afford to take five days off and fly to San Francisco, rather than practice law."

That's F. Bosley Crowther III of Palmyra asking us all to cheer for Virginia State Bar President Mike Glasser, in a letter to the editor in the Oct. 8 Virginia Lawyers Weekly. Those of you who have been to Palmyra to litigate know that is one of those lonely little places where the court house hasn't got much else around it. Mr. Crowther commended Mr. Glasser for standing up to the American Bar Association and working successfully for the rejection of an "oppressive and unworkable 'ethical' standard" that would have required a written contract for any and all attorney-client relationships. But as Mr. Crowther sagely observes, this unwise proposal will soon be back, because "dumb ideas never die."
Fall 2001

"Perhaps the adage that hard cases make bad law should be revised to cover easy cases."

Justice John Paul Stevens, concurring with and commenting on his eight colleagues' lengthy concurring plurality opinions in the "easy case" of Burnham v. Supreme Court, 110 S.Ct. 2105 (1990)
Summer, 2001

We talked of the practice of the Law. Sir William Forbes said he thought an honest lawyer should never undertake a cause which he was satisfied was not a just one. "Sir," said Mr. Johnson, "a lawyer has no business with the justice or injustice of the cause which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge. If lawyers were to undertake no causes till they were sure they were just, a man might be precluded altogether from a trial of his claim, though, were it judicially examined, it might be found a very just claim."
-- Boswell, Tour to the Hebrides.
Spring 2001
"As Doctors seldom take their own prescriptions and Divines do not always practise what they preach, so Lawyers are very shy of meddling with the Law on their own account, knowing it to be an edged tool of uncertain application, very expensive in the working, and rather remarkable for its properties of close shaving, than for its always shaving the right person."
-- Dickens, The Old Curiosity Shop
Winter 2000

Quilp's Notes

Being A Selection Of Excerpts Intended to Bring the Perspective of Past Ages to Bear Upon Such Matters As Marriage, Divorce, Custody, Relations Between The Sexes Generally, The Courts And Law Practice

Judge Ingram recently reminisced about the changes that have occurred in divorce proceedings since he first began the practice of law in 1952. During the 1950's and early 60's, it was quite common for the husband to have disabilities imposed upon him. The disabilities were in the form of a court order prohibiting the Husband from remarrying until the Court by subsequent order removed the disabilities thereby permitting him to remarry. Judge Ingram related one true story of the convenience of having disabilities placed on an incurably romantic lawyer who wanted to avoid the fate of remarriage. A Cobb County lawyer insisted that Judge Ingram's predecessor, Judge Jim Manning, impose disabilities upon him at the time of his divorce trial. Judge Manning was not going to impose the disabilities, but the lawyer insisted on it. Thereafter, the lawyer carried a certified copy of the order with him at all times. The lawyer was quite romantically inclined and invariably the subject of marriage would arise with the ladies he was courting. He would explain that nothing would make him happier than to marry them, but that he was as a matter of law not able to marry. However, the fact that they were not going to be able to marry should not prevent them from enjoying connubial bliss.

From "A Candid Interview with The Honorable G. Conley Ingram", Georgia State Bar Family Law Newsletter July/August 2000. Judge Ingram, Senior Judge of the Superior Courts of Georgia, has served on the Cobb County Juvenile Court, the Superior Court, and the Georgia Supreme Court, and chaired the Georgia State Bar Family Law Section.

Summer 2000

Quilp's Notes

Being A Selection Of Excerpts Intended to Bring the Perspective of
Past Ages to Bear Upon Such Matters As Marriage, Divorce, Custody, Relations Between The Sexes Generally, The Courts And Law Practice

"Now, the ladies being together under these circumstances, it was extremely natural that this discourse should turn upon the propensity of mankind to tyrannize over the weaker sex, and the duty that devolved upon the weaker sex to resist that tyranny and assert their rights and dignity. It was natural for four reasons; firstly because Mrs. Quilp, being a young woman and notoriously under the dominion of her husband, ought to be excited to rebel, secondly because Mrs. Quilp's parent was known to be laudably shrewish in her disposition and inclined to resist male authority, thirdly because each visitor wished to show for herself how superior she was in this respect to the generality of her sex, and fourthly because the company being accustomed to scandalize each other in pairs were deprived of their usual subject of conversation now that they were all assembled in close friendship and had consequently no better employment than to attack the common enemy. ...
"'Ah!' said the spokeswoman. 'I wish you'd give her a little of your advice, Mrs. Jiniwin' - Mrs. Quilp had been a Miss Jiniwin, it should be observed - 'nobody knows better than you, ma'am, what us women owe to ourselves.'
"'Owe indeed, ma'am,' replied Mrs. Jiniwin. 'When my poor husband, her dear father, was alive, if he had ever ventured a cross word to me, I'd have - 'the good old lady did not finish the sentence, but twisted off the head of a shrimp with a vindictiveness which seemed to imply that the action was in some degree a substitute for words. ... The lady from the Minories recounted a successful course of treatment under which she had placed her own husband, who, from manifesting one month after marriage unequivocal symptoms of the tiger, had by this means become subdued into a perfect lamb. Another lady recounted her own personal struggle and final triumph, in the course of which she had found it necessary to call in her mother and two aunts, and to weep incessantly night and day for six weeks."

- Dickens, The Old Curiosity Shop, 1840.

And The Bench

(Spousal contributions to professional career development)

Sir John Aubrey corroborates at least the first half of this story, which is related in the January 2000 issue of The Countryman by Peter Wotton on page 93:

"Perhaps the most amazing story is that of Sir John Popham (1531-1607) who, in his younger days, mixed with wild companions and took purses from highway travelers. Later his wife persuaded him to give up a life of crime saying that 'he could with application make as much money by the law as by highway robbery!' She was proved to be right and he rose to be Lord Justice of England. On one occasion Sir John sat in judgment on one of his former companions and took the opportunity to inquire about their early associates. 'All the villains are hanged, my Lord' replied the prisoner, 'except you and me!'"

Aubrey adds for our particular edification that it was Lord Chief Justice Popham who "first ... sett-a-foote the Plantations, e.g., Virginia, which he stockt or planted out of all the Gaoles of England."

Summer 2000

LEGAL QUOTATION OF THE QUARTER
"There are far too many lawyers who are entirely too accommodating to judges on these [evidentiary] issues -- on the record, they appear to be agreeing with the judge [who has just ruled against them on an objection]."

--The Hon. Donald W. Lemons of the Court of Appeals of Virginia, at the October, 1999 VCLE advanced Guardian Ad Litem seminar.



Spring, 2000:

"Lawyers cannot remain empty of head and pure of heart.... A lawyer has a duty to investigate or take some steps to inform himself in a situation where he believes that there is client perjury."

Barry S. Alberts, Co-Chair of Ethics and Professionalism Committee, ABA Litigation Section, at 25/2 Litigation News 5 (January 2000).


Fall, 1999

"[Defendant's] position rests on the unstated assumption that illicit sexual intercourse consists solely of the normal act of consummation between a man and a woman. We need not decide exactly what sex acts do and do not constitute adultery. Suffice it to say that where, as here, a married woman, with a history of having committed adultery, spends the night, undressed, in the same bed with a man, with whom it appears she is romantically involved and to whom she is not married, her actions warrant the finding that she has committed adultery."

Panhorst v. Panhorst, 390 SE2d 376 (S.C. App. 1990)
If you are looking for the most self-righteous people in America, go to divorce court. Nobody's to blame, nobody's done anything wrong. We aren't happy with the situation, but we don't know what to do. The people who suffer the most are the children who are impoverished as a result of divorce -- impoverished not only financially but also emotionally. They are neglected by the absentee parent and are caught for years in the free-fire zone of post-divorce combat. The one thing we can probably all agree on is that we haven't figured out a way to make most marriages work, or most divorces work.

--Washington Post columnist Judy Mann, "Helping the Real Victims of Divorce"
Every society requires a critical mass of families that fit the traditional ideal, both to meet the needs of most children and to serve as a model for other adults who are raising children in difficult settings. We are at risk of losing that critical mass in America today."

--Hillary R. Clinton, It Takes a Village to Raise A Child, p. 50
"I cannot conceive how any man can have brought himself to that pitch of presumption, to consider his country as nothing but carte blanche upon which he may scribble whatever he pleases."

--Edmund Burke, Reflections on the Revolution in France (1790). Opra End edition (N.Y.1984) 266.
"Under such misconduct of either of the parties, for it may exist on one side as well as the other, the suffering party must bear, in some degree, the consequences of an injudicious connection; must subdue, by decent resistance or prudent conciliation; and if this cannot be done, both must suffer in silence. And, if it is complained that by this inactivity of the courts much injustice may be suffered, and much misery produced, the answer is that the courts of justice do not pretend to furnish cures for all the miseries of human life. They punish or redress gross violations of duty -- they cannot make men virtuous; and as the happiness of the world depends upon virtue, there maybe much unhappiness which human laws cannot undertake to remove."

--From Zinkhan v. Zinkhan , 2 Va. App. 200.
To say . . . that a court should never consider whether a parent is willing and able to expose children to and educate children on their heritage, is to say that society is not interested in whether children ever learn who they are. . . "

--South Dakota Supreme Court, in Jones v. Jones, 22 FLR 1153 (1/10/96), explaining why awarding a half-Indian child to his Indian father did not violate the rule of Palmore v. Sidoti, 466 U.S. 429 (1984).
Maybe Nobody Else Thinks So, But They Do:

"The Court was unanimously of the view that 'the interest of parents in their relationship with their children is sufficiently fundamental to come within the finite class of liberty interests protected by the Fourteenth Amendment'."

Justice Ginsburg, writing for the majority in M.L.B. v. S.L.J, ___ U.S. ___, 23 FLR 2013 (12/16/96), quoting from the dissent of Justice Rehnquist (455 U.S. at 774) in Santosky v. Kramer, 455 U.S. 745 (1982).
"As a profession we have become afraid of our clients, much like parents who don't discipline their children. Senior lawyers no longer teach junior lawyers to discriminate between things their clients want them to do."

Joe Condo, speaking on "The Idea of Professionalism" at the Annual Meeting of the Virginia State Bar, June 20, 1997.
Sound familiar? Maybe this person had a bad experience with the legal system.

"No one enters suit justly, no one goes to court honestly; they rely on empty pleas, they speak lies, they conceive mischief and bring forth iniquity. "Therefore justice is far from us, and righteousness does not overtake us; we look for light, and behold obscurity, and for brightness, but we walk in gloom. We grope for the wall like the blind, we grope like those who have no eyes; we stumble at noon as in the twilight; among those in full vigor we are like dead men. We all roar like bears, and mourn sore like doves; we look for judgment, but there is none; for salvation, but it is far from us. "Judgment is turned away backward, and justice stands afar off; for truth has fallen in the public squares, and uprightness cannot enter. Truth is lacking, and he who departs from evil makes himself a prey."

- Isaiah 59: 4, 9-11, 14-15
"Neither Iowa law, Michigan law, nor federal law authorizes unrelated persons to retain custody of a child whose natural parents have not been found to be unfit simply because they may be better able to provide for her future and her education. As the Iowa Supreme Court stated: 'Courts are not free to take children from parents simply by deciding another home appears more advantageous.'"

-- U.S. Supreme Court Justice John P. Stevens, refusing a stay pending appeal of the Michigan court decision in the "Jessica" case, July 26, 1993.
Fall, '93

JUDICIAL CONSISTENCY:

"The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd or unjust; for though their reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly without consideration."

-Sir William Blackstone, Commentaries Volume I, Section III *Page No. 7

BACK WHEN THEY KNEW HOW TO WRITE STATUTES:

Once upon a time, in a kingdom far away, statutes were permitted to include clear rules, simple tests, and one-syllable words:

"Concerning wrecks of the sea, it is agreed that where a man, a dog, or a cat escape quick out of a ship, that such ship, nor barge, nor anything within them shall be adjudged wreck, but the goods shall be saved and kept by view of the sheriff ... and delivered into the hands of such as are of the town where the goods are found; so that if any sue for those goods, and after proof that they were his, or perished in his keeping, within a year and a day, they shall be restored to him without delay; and if not, they shall remain to the king ..."

--Statute of Westminster, 3 Edw. I. c. 4

Winter '96:

The real and difficult question in this case is whether the Court has the authority to consent to life-saving medical treatment being withheld from an infant. The Court holds that it does not. Petitioner argues that the Court has the authority to grant the requested relief under its general power to do whatever is in the best interest of a child. The Court is unaware of any such general power.

In Re Infant C. (Johnson), 10 VLW 741 (Richmond Cir., 11/17/95).
Summer '95

"Although it is not so as a matter of law, it will be a rare case where the child will not be adversely affected when a relocation of the custodial parent and child requires substantial alteration of a successful custody-visitation arrangement in which both parents have substantial contact with the child."

-----(The North Carolina Court of Appeals in Ramirez-Barker v. Barker, 418 SE 2d 675, 680 (1992), explaining that although it is the non-custodial parent's burden to prove that relocation will have an adverse effect on the child's welfare in order to make the relocation a "change in circumstances," it was affirming a decision changing custody upon relocation.)
"To the extent, however, that a court can meaningfully control the custody of older children, courts or legislatures should not set a fixed age at which a child is given a near-absolute right to choose his custodial parent. One court has observed, 'Were it otherwise, the law would encourage manipulation by both children and parents and foster a breakdown in discipline, neither of which is in the best interest of children.'"

Elkins v. Vanden Bosch,
433 So. 2d 1251, 1253 (Fla. App. 1983).
Jeff Atkinson, Modern Child Custody Practice (Michie, 1986)
"Dissolution actions by their nature are a hindsight view of family economic relationships engaged in when the marriage was functioning as a cohesive and loving unit. We do not believe that hindsight view must be applied to such relationships in the same legalistic fashion that it would be to arm's length business transactions. Intrafamily activities are not, and should not be, conducted as if the parties were adversaries each interested in protecting his or her own interest. Marriage is a personal partnership based upon love, trust and a mutuality of interest and benefit. When it comes apart courts must assess the economic activities from the perspective of the parties as loving partners, not from the perspective of adversaries as they are at trial of the dissolution proceeding."

Milde v. Milde, 723 S.W. 2d 471, 473-474 (Mo. App. 1986).
Blackstone on divorce:

Matrimonial causes, or injuries respecting the rights of marriage, are another, and a much more undisturbed, branch of the ecclesiastical jurisdiction.Though if we consider marriages in the light of mere civil contracts, they do not seem to be properly of  spiritual cognizance. But ... these causes, indeed, partly from  the nature of the injuries complained of, and partly from the clerical method of treating them, soon became too gross for the modesty of a lay tribunal.


[unexpurgated version, showing how this revolting development was engineered by the popes as an awsomely effective way of controlling kings and nobles, is found below as the Fall 1994 Quotation]:


Fall '94: A Somewhat-Less-Than-Impartial View of Divorce Practice

Matrimonial law practice is a subject which generates strong opinions, and even the most respected legal commentators have tended to write upon it in opinionated fashion at times. Even Blackstone was moved to let a few of his prejudices show in Book III, Page *92-93:
"Matrimonial causes, or injuries respecting the rights of marriage, are another, and a much more undisturbed, branch of the  ecclesiastical jurisdiction .Though if we consider marriages in the  light of mere civil contracts, they do not seem to be properly of  spiritual cognizance. (v) But the Romanists having very early converted this contract into a holy sacramental ordinance, the church  of course took it under her protection, upon the division, of the two  jurisdictions and, in the hands of such able politicians, it soon be-  came an engine of great importance to the papal scheme of an universal monarchy over Christendom. The numberless canonical  impediments that were invented, and occasionally dispensed with,  by the holy see, not only enriched the coffers of the church, but  gave it a an ascendant over princes of all denominations; whose  marriages were sanctified or reprobated, their issue legitimated or  bastardized, and the succession to their thrones established or rendered [*93] precarious, according *to the humor or interest of the reigning pontiff; besides a thousand nice and difficult scruples, with which the clergy of those ages puzzled the understandings  and loaded the consciences of the inferior orders of the laity; and  which could only be unravelled and removed by these their spiritual  guides. Yet, abstracted from this universal influence, which affords  so good a reason for their conduct, one might otherwise be led to  wonder, that the same authority, which enjoined the strictest celibacy to the priesthood, should think them the proper judges in  causes between man and wife. These causes, indeed, partly from  the nature of tbe injuries complained of, and partly from tbe clerical method of treating them, soon became too gross for the  modesty of a lay tribunal.


Quilp's Notes

Being A Selection of Excerpts Intended to Bring the Perspective of Past Ages to Bear Upon Such Matters as Marriage, Divorce, Custody, Relations Between the Sexes Generally, the Courts and Law Practice

Little Work for Divorce Lawyers on the Riviera

"In the summer, about eight or nine at night, part of the noblesse may be seen assembled in a place called the Parc: which is, indeed, a sort of a street formed by a row of very paltry houses on one side, and on the other, by part of the town-wall, which screens it from a prospect of the sea, the only object that could render it agreeable. Here you may perceive the noblesse stretched in pairs upon logs of wood, like so many seals upon the rocks by moon-light, each dame with her cicisbeo: for, you must understand, this Italian fashion prevails at Nice among all ranks of people; and there is not such a passion as jealousy known. The husband and the cicisbeo live together as sworn brothers; and the wife and the mistress embrace each other with marks of the warmest affection. I do not choose to enter into particulars, I cannot open the scandalous chronicle of Nice, without hazard of contamination. With respect to delicacy and decorum, you may peruse Dean Swift's description of the Yahoos, and then you will have some idea of the porcheria, that distinguishes the gallantry of Nice." Tobias Smollett, Travels through France and Italy, 1764
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