f/k/a archives . . . real opinions & real haiku

October 7, 2004

pape & chandler: pit bull papers

Filed under: pre-06-2006 — David Giacalone @ 10:25 pm

lightning flash–
only the dog’s face
is innocent


The decision in Florida Bar v. John Pape and Marc Chandler, along with the original Bar complaint, and P&C’s comprehensive Memorandum of Law , can be found at the Pape & Chandler website.  The Honorable Judge William W. Herring presided over the matter as Referee and ruled that neither the 1 (800) PITBULL number, nor P&C’s logo (depicting the head of a pit bull in a spiked collar) are deceptive or otherwise violative of the Rules Regulating the Florida Bar; furthermore, the State’s lawyer advertising rules are unconstitutional restrictions on commercial speech as applied here by The Florida Bar.

dog neg Here is a particularly important quote from John Pape in the firm’s Press Release :

“Our pit bull logo is not a hollow charade or a lame marketing gimmick. The logo represents what we believe our firm stands for: loyalty to our clients and to each other and tenacity, determination and aggressiveness in representing our injured clients.” . . .

“Over the past 3 years, we have spent over $100,000.00 in our own time and money defending ourselves pro se against the Bar. But the most disconcerting aspect of the entire 3 year ordeal with the Bar . . . is that it seems that the Bar is more focused on creating the superficial appearance of dignity and elitism in the legal profession by attempting to regulate what it sees as good taste in lawyer advertising than it is on focusing on what is really important. The superficial appearance of dignity does not create actual dignity or integrity. Our clients are the most important part of the profession, and the Bar should probably focus more on making sure that clients get loyal, diligent and competent representation from intellectually qualified and diligent attorneys.”

Congratulations to John and Marc (and to legal consumers, who are being treated like thinking adults).  [see our prior post here]

  • Correction (Oct. 8, 2004): Although we expect the Florida Bar to appeal the Referee’s Report and Order, such an appeal has apparently not been filed at this point.  The notation on the Florida Supreme Court case docket to which we linked earlier appears to be a notice that the review process must be commenced by Nov. 29, 2004, as called for in the bar rules [Rule 3-7.7(c)(1)].  We apologize for the error and any inconvenience it may have caused.  Please remember that, while Homer may occasionally nod, the retired ethicalEsq definitely naps a lot.  Your Editor promises to do better next time, and hopes the Florida Bar will choose to — dare we say it? yep — let this sleeping dog lie.

  • Pit Bull Update (Oct. 21, 2004, 6 PM): Marc Chandler reports that Pape & Chandler received notice today from the Florida Bar that it would seek review of the decision in Florida Bar v. John Pape and Marc Chandler.   The stubborn and misguided Bar is being as tenacious (nasty?) as a pit bull. 

update (Nov. 17, 2005): see fla. high court puts down Pape & Chandler’s Pit Bull


                                                                  loyalty, tenacity and determination in representing our clients . . . p&c neg


trusting the dog
to guard the gate…


mother dog
testing the depth…
snow-melt river

Kobayashi Issa, translated by Prof. David G. Lanoue

pumped for pumpkins (and pro bono)

Filed under: pre-06-2006 — David Giacalone @ 8:38 pm


autumn sun–
the lawyer carries home
a pumpkin

Barry George

pumpkin red one-breath pundit

Following up on last month’s column in Washington Lawyer, urging that law firm
partners do pro bono work, D.C. Bar President John C. Keeney, Jr., asserts that the
profession needs “Mentoring for Professional Balance.”  He notes in the October

2004 edition (available soon here) that many of us went to law school to “make a
difference on important public matters.”  Nonetheless:lawyers continually put off doing
pro bono and public service throughout their careers

— “the same bad career advice is repeated by the same people to new partners” — to keep your nose to the grindstone.

—  “Mentoring thus becomes the one-size-fits-all advice to ‘do what I did’ rather than carefully crafted advice to pursue particular dreams and goals — and thus make time for your family, too.” Terminology has changed, with firms and agencies calling themselves “families” in the 1970s, a “team” by the 1990s, and now the very impersonal “platform for individual talents” in the new millennium.

“I think that we can do better!  Firms and agencies should enable, not merely encourage, volunteer. work.”

Similarly, the NYS Bar established a Special Committee on Balanced Lives in the Law this week “which will examine how attorneys in various work settings confront the ever-evolving dynamics of meeting professional, societal and personal demands.” (Press Release, Oct. 6, 2004)

pumpkin2 Public service suggestion from haikuEsq:  share some non-fat, low-calorie pumpkin haiku for Halloween this year.  You can find a great pumpkin crop at the Shiki Haiku Pumpkin page, (Nov.1997), including a pair from two friends of this weblog:

dry leaves scattered
over roadside pumpkins
the first hard frost

Matt Morden (third place)

a giggling coven–
stunted pumpkins
left in the patch
paul m.

And, a favorite of mine:

spare change
in the scarecrow’s pocket-
pumpkin seeds
willard (2nd place)

Lissa in a pumpkin patch . Click for Lissa & James pumpkin shopping.

thud in the night

Filed under: pre-06-2006 — David Giacalone @ 11:03 am

leaf gray

  drowned moth

the wax hardens

    around it


         harvest moon

the thud of falling apples

          in the night



from Presents of Mind, haiku and illustrations by Jim Kacian

(Katsura/Red Moon Press, 1996).


waking too late

to see the dawn

– he pencils-in sunset

                                   [Oct. 7, 2004]


one-breath pundit  

    • The discussion at Evan Schaeffer’s weblog on Tort Reform leaves citizens with

      no financial or ideological stake scratching their heads.   How do we get enough

      good statistics — and good faith — to make good policy? 

    • At D&E, George Wallace wonders what Edwards meant about stopping frivolous suits.

    • Linking 20 times in one post to ethicalEsq, Constant’s pations recommends federalization

      of legal licensing and discipline.  That won’t ever happen, given the many fiefdoms involved,

      and it might make things worse.  Let’s start vigorously enforcing the rules already in place.

      • I have no idea what a pation is nor who Constant is.

    • Cybersquatting as political activism?  John Palfrey collects links to weblogs discussing the


leaf red

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