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

November 16, 2004

the cold gathers (plus, suing lawyers)

Filed under: pre-06-2006 — David Giacalone @ 12:15 pm


       cold gathers

at the bottom of the hill

       empty mailbox


   wide-eyed colt

lays back his ears

     falling snow



from Presents of Mind, haiku & illustrations by Jim Kacian

(Katsura/Red Moon Press, 1996).



peanut sauce

on her tongue

– two days ago

                                   [Nov. 16, 2004]



tiny check If you need this article from the ABA litigation section, you may need a new career: “Client Expectations:

Discovering Them, Understanding Them, Managing Them,” by Bruce Bikin.  Also, despite being posted on the TIPS

page, you won’t find any practical tips on how to discover and understand, much less manage, client expectations.


aspirin  On a related topic: my Referer list brought me to a cluster of articles about Lawyers Who Sue Lawyers (May 3,

1999, 99 LWUSA 414).   The story of W. Robert Curtis, who only handles plaintiffs’ legal malpractice cases, is quite interesting.  If your firm is engaging in any of the 21 behaviors on Curtis’ “problem areas” list, please cease and desist.  His successor firm, Curtis & Associates, offers a useful Is Something Wrong? page. Of coures, we’re wondering if the Curtis gang uses the oft-unfair standard contingency fee.  Also, see


tiny check  News for Visiting Martians: “Charles Bahn, a professor of forensic psychology at John Jay College of Criminal Justice in New York, said college degrees ‘don’t necessarily lead to a higher moral system… or mean that you are more honest.'”  (via SWVa LawBlog, “Why did so many Virginia social services workers steal”)


world of Buddha’s law–
even a dog on winter



tiny check  The 9th Circuit en banc has more to say on excusable neglect and delegation to a non-lawyer.  [Pincay v. AndrewsLike dissenting Judge Kosinski, I’m unhappy with a society (and a profession) that believes “taking full responsibility” for a mistake means never facing any consequences.  Of course, the client shouldn’t suffer for choosing an irresponsible lawyer. See George Wallace.


red check smaller  Venting here was not quite sufficient for Evan Schaeffer, so he wrote his own post “Is Walter Olson Running Out of Material?” concering the slant Overlawyered gave to the get your million dollars vioxx lawsuit website story.   Of course, hoax page or not, those do appear to be genuine Google Ads by lawyers on the website — let’s see if any of them act to have their ads removed. [Update 8 PM: you’ll find some interesting Comments at Evan’s place — with Ted Frank, Fed84, Coyote and more.]


                                                                                                                                                                                                       aspirin f

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