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

May 11, 2005

our backs to the wind

Filed under: pre-06-2006 — David Giacalone @ 3:32 pm

flashing ambulance lights–

rain still filling

every puddle 









at the bus stop

our backs to the wind

the sunrise changes color






she comes back–

the ocean drips off

every part of her



“she comes back” & “at the bus stop” – breathmarks: haiku to read in the dark 

“flashing ambulance lights–” – Walking the Same Path (HSA 2004 Memb. Anth.)



by dagosan:  

cherry tomatoes

on toothpicks — a vapor trail

spears the midday moon


[May 11, 2005]



!key 2  Carolyn Elefant at MyShingle is complaining about a ban by the Maryland Bar

on the use of NonLawyer/Lawyer Referral groups, because it “discriminates against

solo and small firms.”   The organization in question has chapters, each of which

“consists of various professionals and business people who seek to obtain referrals

and learn marketing techniques. Only one person from any given profession or line

of business can join any individual chapter. The particular chapter that has approached

you includes, among others, a beauty consultant, heating and air conditioning contractor,

investment advisor, and AFLAC insurance agent.” Please read Carolyn’s piece to fully

appreciate the facts and her position.” 


I want to focus on Carolyn’s primary assertion:

“And ethics rules must be applied in a way that doesn’t disproportionally

impact one segment of the bar.” 

If an ethical rule deals with an appropriate topic in a reasonable way, the fact

that “one segment of the bar” is impacted more than others should be totally

irrelevant.   As noted here before: the fact that “small fry” lawyers are more

likely to violate a particular rule than “big shots” is never a viable ethical defense

— especially since the small fry were often the main reason a rule was needed. 

Although Carolyn professes not to want special rules for solo-smalls, her 

“disproportionate impact” theory of enforcement amounts to such pampering.

p.s. “Everybody does it” is no excuse either.


update: see Carolyn’s Comment and my reply.


tiny check  Mike Cernovich is claiming a right to anonymity-privacy for non-felons that seems a  “noyabutsSN”

little broad to me.  Let’s hope he’ll state a principle for us that takes into account the

many existing exceptions likely to withstand Constitutional challenge, and that can guide

courts and legislatures when dealing wiith issues such as national ID cards.


tiny check  Denise Howell laments that, to the surprise of absolutely no one, her three-year-old

plea for more guidance on internet and website advertising by lawyers has not been

answered.  California bar groups seem to be looking into this matter.  They will

hopefully lay to rest forever the notion that weblogs by lawyers are advertising per se



fr ventalone  Grumpy Reminder to MansfieldFox:  Despite your headline, “Everything is Haiku Here,”

nothing in that post is haiku.  Definitions are important (to lawyers and people).  It’s far

better to call what you’re writing zappai or pseudo-haiku than to continue to misinform

the public on the nature of haiku.  Everything with three lines of 5 -7- 5 syllables is not haiku;

in fact, most English-language haiku is not seventeen syllables.   Haiku has some element of

nature in it, evokes an insight, and almost always contrasts, compares or juxtaposes two

images.   Check out dagosan’s intro to haiku (or at least the tips at the bottom of the page),

or jim kacian’s haiku primer.   End of sermon (for now).



tiny check The Florida Supreme Court has refused to re-admit to the bar a lawyer who resigned after 

misappropriating client funds, due to his “continued failure to be financially responsible with

regard to his own finances as well as in his dealings with others.”  The Court concluded:

“[U]ntil and unless [Lawyer] makes a concerted effort to become personally

financially responsible and accountable to those that he has harmed through

his misconduct, he should not be successful in his attempts to be readmitted

to The Florida Bar.” 

1411, 4/28/2005; via sunEthics).  (As suggested here, personal financial responsibility is 

a very important part of the question of fitness for bar members.)

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