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

March 2, 2005

charmed, i’m sure

Filed under: pre-06-2006 — David Giacalone @ 6:31 pm


by dagosan

charming the pretty

bookstore clerk — one more

skill learned too late


winter wind —

i’m tired,

why aren’t you?

                           [March 3, 2005]


Carolyn Elefant at MyShingle has been raising a lot of good issues lately.  To keep it

interesting, I don’t always agree.  Here’s a pair:


“witchbrewS”  Concur:  Lawyers should not be putting clauses in retainers that require a client

to go to arbitration prior to filing a grievance, or otherwise intimidate clients from filing 

grievances — as former Hawaiian judge Richard Lee did.  I think Carolyn put it well:

“The only lesson here is that if you think Lee’s retainer agreement

is appropriate, then you should probably leave the legal profession

now, while you can do so voluntarily – because with judgment like

that, it’s only a matter of time before you’ll be ordered to go.”

Sadly, I expect any time now to see a Comment at her site saying, “But other

people can use Arbitration-First clauses, why can’t lawyers?”  If you have to

ask, you need to find another career.


“witchbrewSF” Dissent in Part:  I have often agreed with Carolyn that the legal profession

needs more mentoring.  She has a rave review for a new 10-Minute Mentor program of

online videos, sponsored by the Texas Young Lawyers Association.  TYLA’s

press release (Feb. 25, 2005) states:

“This online mentoring effort is unique in its range and depth. For months,

a film crew criss-crossed the state to tape the first wave of more than 60

video lectures by luminaries . . . When the website officially launches March 1,

nearly 100 presentations will be available at the click of a mouse.”


[F]razzled lawyers can reclaim some of their vanishing access to mentors

whenever and where ever they can find the time. . . .

Frankly, this sounds like a very expensive way to create mini-CLE courses online. 

It has little to do with our need for true “mentors.”  How would these folks solve

America’s need for hands-on parenting?  Talking Daddy and Mommy dolls?


tiny check I was a bit surprised to see my schmittle italy post linked by the

Free Money Resournces Blog.  Even without emoticons, I hope it’s clear that I was

complaining about Metroplex giving away money too freely here in Schenectady, not

hoping to attract more seekers.  


 tiny check Noticing that 62% of Americans still do not know what a “blog” is, Lisa Stone asks whether blogg

the Law.com Blog Network needs a better name.  If you know the f/k/a gang, you know we want to

put the ‘we’ back in blogging,”  and always like seeing the word “blog” junked.  Lisa would love to have

your suggestions for a new Network name.


oil can   We might not change a lot of lawyer behavior, but we are effective once in awhile on

far less significant topics.  For example: see the deletion of the word “snarky” here.  Of course, it

should not be surprising that recently-designated lawyer-poet George Wallace would be susceptible

to pleas to save our mother tongue. 


tiny check  This report from Tim Chinaris at sunEthics sounds right to me: “Lawyer Sanctioned for Failing to Inform

Appellate Court that Matter Had Been Settled.”  The lawyer had been serving as guardian for a VA ward

and the case involved his own alleged overpayment to himself.  sunEthics summarizes:

[T]he parties to an appeal may not, by means of a private agreement among themselves,

keep the case pending and prevent its dismissal on grounds of mootness in order to obtain what

amounts to an advisory opinion. 


Apparently concerned about what it described as the lawyer’s posture of defiance rather than contrition, the court imposed the following sanctions:  a $500 fine; personal payment of costs relating to the commissioner’s inquiry; and at least 15 CLE hours in appellate practice and procedure within the

next year (over and above the usual CLE requirements).  Merkle v. Guardianship of Jacoby.


waiting for the hearing

Filed under: pre-06-2006 — David Giacalone @ 11:40 am

two haiku from paul m, from the newest Heron’s Nest:

waiting for the heron

to turn my way —

winter rain

morning glories

what is left

of the rain

THNlogo and a bonus from The Heron’s Nest (2000):

cold sky

a trolley headlight

cresting the hill

snowFlakeSN Please stop by later today for dagosan and potluck.

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