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]
potluck
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?
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.
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.
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.
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.
and a bonus from The Heron’s Nest (2000):
Please stop by later today for dagosan and potluck.