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

August 7, 2005

not close enough

Filed under: pre-06-2006 — David Giacalone @ 4:43 pm


the garden butterfly–

my daughter not close enough

then too close





the park bench seats two summer dreams







early in the night—
the stars we can see
the space for more


“early in the night” & “the park bench” – from breathmarks: haiku to read in the dark 

the garden butterfly” – the heron’s nest (Sept. 2001)


  • by dagosan                                               

balmy Sunday —

alone indoors

with one fat housefly



                          [Aug. 7, 2005]


tiny check Check out the Bar Counsel column in this month’s Washington Lawyer,

for a piece entitled What, Me? Incompetent? (Aug. 2005).  It’s an always-

timely reminder that lawyer competence is required for every client, in

every matter.  (See D.C. Rule 1.1 and ABA Model Rule 1.1 Competence)

Even a very experienced lawyer can act incompetently if he or she is not

prepared adequately — especially when taking on a new subject area, but

also by taking on too much work or not staying current in a field.  The

article states:

“Office of Bar Counsel statistics show that incompetence (along

with neglect under the rubric of Rule 1.3) comprises one-third of

our docketed investigations—our largest category of docketed cases.

Indeed, incompetence is a significant concern, because a client who

seeks legal help and has an incompetent lawyer sees the judicial

system as a failure—and this hurts us all.


“Remember, when you are in over your head in a case, you risk

injuring not only your clients and their interests, but your reputation

as well. Better to use good judgment as to your capabilities than to

have your name in the Atlantic Reporter for all your friends and family

to admire.”

We’ve long urged grievance committees to apply stricter competence and

diligence standards (e.g., this post).  D.C. Bar Counsel Gene Shipp may be

right that incompetence/neglect comprises their largest category of

docketed cases, but I’ve seen no evidence that such complaints result in

the imposition of significant discipline very often. 


tiny check  Today’s Meet the Press had a good debate about judges and

Catholicism between Mario Cuomo and Prof. Kmiec.  Mario explained that

expecting a Catholic judge to serve the Constitution first, not the dictates of

his Pope, is not a religious test.  f/k/a has been covering this topic, beginning



a reed thrush–
chasing the incompetent


      Kobayashi ISSA,

      translated by David G. Lanoue


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