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

March 23, 2005

flying solo

Filed under: pre-06-2006 — David Giacalone @ 1:34 pm



a field of wildflowers

I recall the courtship

not the marriage






their gravestones

hers newer and taller

than his









treeless downtown street

two spring robins

on a window box


George Swede from Almost Unseen (Brooks Books, 2000) 



by dagosan 


the duckling

skirts the ice floe —

our river rendezvous



mom’s voice long distance:         phone old


[March 23, 2005]




Ben Cowgill at Legal Ethics Blog and Carolyn Elefant at MyShingle have

started a lengthy correspondence about legal ethics weblogs, pedagogy,

and enforcement, with a focus on solo practitioners.   I think you’ll get the

gist of the issues from my quick comments here:

Legal ethics is definitely important enough to deserve its own weblogs

and it should be a part of virtually every law school course and every

practice-oriented weblog.


Legal ethics is about far more than micro-rules.  As Prof. Schiltz says:

First, a lawyer has to comply with the formal disciplinary rules

. .  . . . But you should also understand that the formal rules

represent nothing more than ‘the lowest common denominator

of conduct that a highly self-interested group will tolerate.’ . . .  

But complying with the formal rules will not make you an ethical

lawyer, any more than complying with the criminal law will make

you an ethical person.  


Second, a lawyer must act ethically in his work, even when he

isn’t required to do so by any rule.   . . .  For the most part,

this is not complicated. Treat others as you wish to be treated.

Be honest and fair. Show respect and compassion. Keep promises.  . . .


Third, a lawyer must live an ethical life outside of work. . . . But

being admitted to the bar does not absolve a lawyer of his

responsibilities outside of work — to his family, friends, community

and, if he is a person of faith, to his god. To practice law ethically,

he must meet those responsibilities, which means he must live a

balanced life.

I do not believe that Bar Council are out to get solo and small-firm practitioners.

There are plenty of non-conspiratorial reasons why so many disciplinary actions

involve solos.  See, e.g., here and there.

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