Yesterday evening, I filled out my biennial New York State Attorney
Registration form. The main purpose of the Registration appears to
be the collection of a $350 fee, which can be avoided by declaring
one’s self to be retired from the practice of law (as I have done for
the past few two-year cycles). The form is also used to obtain verifi-
cation that the attorney has completed Continuing Legal Education
requirements (just a signature, no list of actual courses taken), and
is in compliance with certain rules relating to client funds entrusted to
the lawyer (again, just a signature affirming compliance).
Clearly, one never had to be a rocket scientist to fill out the old Attorney
Registration form. In fact, even though some lawyers can be less than
thought that being a member of the NYS bar might have been sufficient
preparation to fill out the Form.
It was quite surprising, therefore, to find the following greeting from the NYS
OCA Attorney Registration Unit accompanying the Form:
Dear New York State Attorney,
We are pleased to provide you with this redesigned Attorney
Registration form, which includes, for the first time, graphically-
enhanced, step-by-step instructions on how to complete the
form . . . .
That’s right: “graphically-enhanced, step-by-step instructions”! To be more
precise: in the lefthand margin of the Instruction Page, you will find tiny re-
productions of the two-page Registration Form, with — hold on! — arrows
pointing from each Section (you know, A, B, C, D) of the Form to the
related Instructions (again, A, B, C, D).
Am I being too negative? Well, go here to see just how helpful this graphic
enhancement can be for the poor lawyer facing the task of filling out his or
her Registration Form. Remember, the attorney gets only two months to
perform this task.
We have at times accused bar regulators of treating both clients and lawyers
as if they are simpleminded This little graphic instruction boost seems to suggest
a new level of disdain for lawyer intelligence and attention to detail. Just who needs
these arrows? What kind of mistakes were being made on prior forms? And, how
much did OCA pay for the assistance of form-filling and graphic design experts?
Maybe we should show these Registration forms to pro se litigants, as they struggle
to fill out court filings and pleadings. It might make not having a lawyer seem a lot
less worrisome. In fact, each pro se party might start hoping the opposing side hires
one of them lawyers who needs them there arrows.
“easy to assemble”
I put it back and
grab a teddybear
setting up the creche —
the Baby’s name
whispered over and over
[eros & arrows:]
anniversary day
my wife & i
assemble a treadmill
ed markowski bear creek haiku (Spring 2002)
December 12, 2005
the appearance of incompetence
December 11, 2005
they stood up for truth
Coming of age as Richard Pryor was evolving into a new voice
of black comedy in America, and Eugene McCarthy grabbed
the spotlight in Presidential politics, greatly affected my views
on race and politics in this nation — and on the need for both
everyday citizens and our leaders to speak the truth about the
problems we face as a nation.
11, 2005) left me considering similarities between outwardly very
different men. One was brash, black, emotive and a foul-mouthed
elf and entertainer, and the other a tall, patrician intellectual and
politician (and former baseball player). But, they both used acid
humor to skewer the powers to be and wake up their audiences.
I recently watched Pryor’s Live in Concert (1979) for the first time
in years, and my cheeks hurt from all the laughing — he showed
blacks, whites, men and women the humor in their differences and
their similarities. I don’t find expletives funny and don’t need an
entire evening of blue humor, but Pryor’s insights into human
nature and American character sometimes called for both and
almost always worked despite the raunchy packaging.
As the NYT notes, “Eugene McCarthy left his mark in a generation’s
skepticism toward war and the willfulness of political leaders.” His attitude
toward party politics perhaps most affected me then and now. The Times
explained that McCarthy “identified simplistic partisanship as the ultimate
enemy in the domestic strife over the Vietnam War. Invoking Whitman’s call
to human goodness – ‘Arouse! for you must justify me.’ – candidate McCarthy’s
basic message to Americans was Daniel Webster’s dictum to never ‘give up
to party what was meant for mankind’.” Pryor and McCarthy both stood up and
spoke the truth. They left me expecting truth from entertainers and politicians.
For that, I thank them.
winter parting…
the man in the moon
still eludes me
winter fog
car after car
onto the bridge
what my words can’t explain —
the autumn sun
on your back
snow flurries
candlelight moving
from window to window
“winter parting” Roadrunner Haiku Journal V: 2 (2005)
“winter fog” The Heron’s Nest (July 2003)
“snow flurries” The Heron’s Nest (Dec. 1999)
“what my words can’t explain” – The Heron’s Nest (Oct. 2003)
sleet turns to rain –
snow buddha’s visit
cut short
dagosan [Dec. 31, 2004]
December 10, 2005
pamela’s plump robin
This time last Saturday, I came into possession of a lovely haiga bookmark painted by Susan Frame, with a haiku by Pamela Miller Ness. I want to share it with you, just as Pamela shared it with those attending the Haiku Society of America Metting. Click here to see it in color, full-sized.
muddy puddlea plump robina plump robinfrom Reeds 3
There never seems to be enough new haiku and senryu from Pamela. One very good reason is her work over the past few years with the tanka genre of poetry, including editing The Tanka Anthology (Red Moon Press, 2003) with Michael McClintock and Jim Kacian. I haven’t presented tanka yet, at this website. But I hope to whet your interest in the 5-line poems by sharing two of Pamela’s, which appeared last year, along with several others, in Simply Haiku 2:3 (2004):
We feed the ducks
you & I
and
the laughing little boy you
have begun to become.Packing…………………………….. American Tanka #7 (Fall 1999)
Mother’s library
I tuck
the ribbon I gave her
into a new book…. unrolling the awning, (Grand Central Station Tanka Cafe, 2003
…… by Pamela Miller Ness
If you’d like to learn more about tanka poetry, see Michael McClintock’s Introduction to Tanka at Simply Haiku, and the Tanka Definition page of the Tanka Society of America. McClintock notes: “While poets continue to experiment, the contemporary tanka in English may be described as typically an untitled free-verse short poem having anywhere from about twelve to thirty-one syllables arranged in words and phrases over five lines, crafted to stand alone as a unitary, aesthetic whole—a complete poem.” In Footsteps in the Fog (Foster City, California: Press Here, 1994), Pat Shelley gives a more literary perspective:
“Tanka in English is a small lyrical poem that belongs to everyone. Still written in thirty-one or fewer syllables in five rhythmic lines, as it was over 1,200 years ago, it can embrace all of human experience in its brief space with emotions of love, pity, suffering, loneliness, or death, expressed in the simplest language. It may sometimes seem fragmentary or lacking in unity because it is more intuitive than analytical, using imagery rather than abstractions . . . . One of the more challenging (and charming) of its elements is the subtle turn at the center of the poem, something unexpected perhaps, usually occurring after the second or third line as two seemingly unrelated events, images, or ideas are brought together, something less than narrative, an elliptical space that adds pleasure to our listening. Tanka is about our everyday lives in the smallest happenings, a little song of celebration.”potluck
From the plump to the political: I can’t let the week pass without notingHillary Clinton’s tryout as Compander-in-Chief. As a New York Timeseditorial noted, “Senator Clinton, in Pander Mode” (Dec. 7, 2005), HillaryClinton is co-sponsoring a bill to criminalize the burning of the Americanflag, and “It’s hard to see this as anything but pandering.” As they explain:Mrs. Clinton says her current position grew out of conversationswith veterans groups in New York, and there’s no question thatmany veterans – and, indeed, most Americans – feel deeplyoffended by the sight of protesters burning the flag. (These days,that sight mainly comes from videos of the Vietnam War era; thesenator’s staff did not have any immediate examples of actual NewYork flag-burnings in the recent past.) But the whole point of theFirst Amendment is to protect expressions of political opinion thata majority of Americans find disturbing or unacceptable. As a lawyer,the senator presumably already knows that.Maureen Dowd noted: “As Condi [Rice] used weasel words on torture, Hillarytook a weaselly position on flag-burning. Trying to convince the conservativesthat she’s still got a bit of that Goldwater Girl in her, the woman who would bethe first woman president is co-sponsoring a Republican bill making it illegal todesecrate the American flag. The red staters backing this measure are generallythe ones who already can’t stand Hillary, so they won’t be fooled. . . The senatordoing Clintonian triangulating is just as transparent as the secretary doingClintonian parsing.” If Ms. Clinton keeps this up, my liberal friends will start tounderstand, perhaps, why I just don’t trust the woman.
December 9, 2005
helping my twin stay young
Watching your twin age is an interesting phenomenom. I see Arthur only
a few days a year, but we’re in touch frequently. At times, he seems
older and at times younger than I; often, we are amazed at the simultan-
eous maladies of aging and maturation that we are experiencing.
twins’ birthday –
two cakes
hundreds of miles apart
[12/09/04]
Now that he’s turning 56 today, I thought maybe my readers — especially
those with busy solo law practices (and at-home offices), plus parenting
experience, could suggest how Arthur might conserve his energy and
preserve his mental health as he faces a couple more decades making
a living as a lawyer.
One big difference in our current circumstances is Arthur’s hands-on
parenting relationship with two energetic, “strong willed,” and bright
offspring — Elisabeth “LIssa” (8 years) and James (5.5 years). Do
they retard or accelerate their father’s aging? As an advocate, I could
imagine making good argument for either position. As their loving
uncle, I shall keep my own counsel.
If you have helpful suggestions, I shall pass them on to Arthur and
his lovely and youthful spouse, Coral. Meanwhile, I am pleased
that I’m not living in that infamous “lake effect” snowbelt just south
of Buffalo. I hope Arthur’s back is a lot stronger, and that his toes
stay warm a lot longer, than mine. (For more sentimental birthday
stuff about my twin, see last year’s post.)
the um in her voice
before offering me
the senior discount
so suddenly winter
baby teeth at the bottom
of the button jar
winter sunset
buttoning mother’s coat
up to her chin
“so suddenly winter” – The Heron’s Nest VII: 1 (March 2005)
“the um” – A New Resonance 2; Frogpond XXIII:2
“winter sunset” – Frogpond XXVIII: 3
“you look much younger
than your twin” – a welcome
bit of birthday snow
December 8, 2005
Dec. 9th is St. John Roberts Day
Even if you’re not among those who pray regularly for our courts
and judges — or are among those who pray not at all — you might
want to note in passing that December 9th is the Catholic Church’s
official Memorial Day for Saint John Roberts.
As we pointed out last September, St. John Roberts:
– had ancestors who were princes of Wales
– was raised Protestant
– studied law at the Inns of Court when he was 21, and
later that year converted to Catholicism while in France
– worked among London plague victims
– was arrested and exiled several times for performing his priestly
duties and associating with Catholic rebels.
– was finally convicted for the crime of “priesthood” in 1610, and
was martyred (hanged, drawn, and quartered).
– has two fingers [of his otherwise missing corpse] preserved at Downside
Abbey and Erdington Abbey (we don’t know which two fingers and
we don’t vouch for this or any other saintly body parts kept as relics)
If the patience and humility of St. John Roberts had anything to do with his
namesake’s new blow on behalf of Plain English on the Supreme Court, the
f/k/a Gang raises our eyes toward heaven and sends up a thank you.
all sorts of fools
moon-gaze too…
winter prayers
ain’t a devil
ain’t a saint…
just a sea slug
Kobayashi Issa — translated by David G. Lanoue
this body of mine
part temple
part tavern
the old priest dines
his wine
just wine
“this body” – Dewdrop World (2005; free download)
“the old priest dines” – the thin curve:; Modern Haiku XXX: 1
Your Editor probably would not have remembered
this date, except that it falls on the birthday of his [twin] brother, (who
still doesn’t have a website for me to link to). Happy 56th Birthday, Arthur!
p.s. With all this talk of saints and martyrs, here’s a reminder: we’re
still looking for more law school exam prayers.
are nurses switching to law?
As you may have seen, this year’s Gallup Poll on “Honesty and Ethical Ratings
of People in Different Professions” (Gallup News Service, Dec. 5, 2005) found
nurses again firmly on top, with lawyers far behind.
Americans were asked “to rate the honesty and ethical standards of members of
professions on a five-point scale that ranges from “very high” to “very low.” Eighty-
two percent said that Nurses rated High or Very High, while only 18 percent put
Lawyers at the high end of honesty and ethics. On the other hand, thirty-five percent
of those surveyed said Lawyers have Low or Very Low honesty and ethics, while a
mere three percent rated Nurses that low.
Given those results, I had to follow up, when I discovered yesterday that someone
had Googled how do i become a lawyer as a registered nurse>. [By the way, the
# 1 result out of 1.75 million was an f/k/a post that mentioned Mary Coffin, who
switched from nursing to law in her 40s.] My quick research turned up a 2001 article
from the Detroit News entitled “Weary nurses find jobs, joy in other professions.” The
article quoted Barbara Redman, dean of the Wayne State University School of Nursing,
saying that nurses may be leaving traditional clinical roles, but they aren’t “abandoning
their public service role of caring for patients.” The article then states:
‘Ann Mandt, a Detroit attorney and registered nurse, agreed: ‘I’m doing the “ivstand”
same thing I did as a nurse. I’m taking care of patients’.”
According to her firm profile, at the plaintiff’s personal injury firm of Charfoos & Christen-
sen, Mandt “is involved in all areas of practice, including medical malpractice, drug
products litigation, legal malpractice, mass tort and multiple/complex litigation.” I
wonder how many of those surveyed for Gallup’s poll would consider that to be “doing
the same thing I did as a nurse . . . taking care of patients”?
My web search also located the interesting case of Michael Latigona, a critical
care ambulance transport Registered Nurse, who was recently a gubernatorial candidate
in New Jersey and has just announced formation of the One New Jersey Party. At a
candidate information website, which makes its reports “based on submissions by the
candidate to the Eagleton Insitute of Politics,” I learned that Marlton resident Latigona
“has more ethics and morals than any person we have ever known in the political arena.”
In addition he “has taken up the study of law, although he admits ethically he could not
become a lawyer.: He states,
“I could not in good faith become a lawyer, although I have always wanted to.
I cannot lie or embellish to represent a client. It’s just not in my nature to do
so. Rather than going home and reading a book like the DaVinci Code, I go
home and read New Jersey statutes, interpret court decisions, and follow the
latest in legal decisions and legislation. I love the law, and know exactly how
to use it for all New Jerseyan’s. I’ve studied it for over ten years now.”
. . . .
“Who do you think will do the job better, a businessman, a lawyer, or a Regis-
tered Nurse who places people first, knows the law, and exactly how to use it?”
The website concludes — apparently based on candidate-submitted materials —
that “Latigona has an acute awareness of how to use the law, and how New Jersey-
an’s can benefit from someone like himself who chooses to use the power of an
elected position to get the job done.” At Latigona’s former campaign website we learn
that he will run for Mayor or Town Council in 2006, and he “vows if Governor elect Jon
Corzine does not fulfill his promises, he will start a recall in one year as law allows.”
Where is this post going? Darned if I know. It’s difficult to say whether disgruntled
nurses will find career satisfaction in the law, much less joy. I do believe, however,
that Americans will continue to trust nurses more than lawyers for as long as they
believe that nurses choose their profession in order to serve and lawyers choose theirs
in order to attain wealth, power and status.
tiny fevered brow –
the tick of the clock
measuring the night
wishing fountain
outside the cancer clinic:
some heads, some tails
fire-side poetry –
I turn to warm the left side
of my brain
mammogram–
morning snowflakes
stick
Alice Frampton from New Resonance 3 (2003)
“fire-side poetry” – Raw NerVZ Haiku Volume VII No. 3
“mammogram” – The Heron’s Nest IV:2
“wishing fountain” – Frogpond XXV: 1
“tiny fevered brow” – In the Light, from the haibun Boots
At his weblog today, Prof. Bainbridge decided to take one anecdote and
try to turn it into a blanket condemnation of what he calls “socialized medicine.”
As is often the case (1) Steve leaves his analytical tools elsewhere when one of
his pet peeves is involved; and (2) a number of his Commentors do a good job
of explaining reality to him. Good, ’cause I’m too tired to try.
acerbic family court judge censured
Jo Anne Assini has been a Family Court judge for Schenectady County, NY,
where I reside, since January 2001. In those five years, I have not heard even
one positive thing about her work as a judge from lawyers or court personnel.
Instead, her foul mood and temper have been a source of regret for those who
make a living and/or seek justice, fairness, and solutions from that court. [Assini
was an Assistant District Attorney prosecuting sex crimes when I last
practiced at Family Court, and I have no memory of interactions with her.]
It was not at all surprising to learn, last week, that the NYS Commission on Judicial Conduct had filed formal charges against Judge Assini earlier this year, after receiving five formal complaints from litigants, and had concluded — based on stipulated facts and outcome — that she deserved censure for her conduct on the bench. In re Jo Anne Assini (NYSCJC, Nov. 18, 2005) (See
North Country Gazette, “Judge Assini Censured for Intemperate Behavior, Rights Violations,” Dec. 2,2005)
In addition to the frequent failure to apprise parties of their right to counsel, Judge Assini was very often rude and disrespectful to those who appeared before her. Like a bully, she was especially likely to show her foul mood to parties appearing without counsel. The SCJC opinion notes:
“Every judge has an obligation to respect and comply with the
law and to act in a manner that inspires public confidence in the
fair-mindedness and impartiality of the judiciary. . . In Family Court,
“where matters of the utmost sensitivity are often litigated by those
who are unrepresented and unaware of their rights” . . . such a duty
is self-evident and compelling. In several cases respondent violated
these ethical standards by neglecting to inform litigants of their statutory
rights and by addressing them in an intemperate, demeaning manner.”
” . . As the Commission and the Court of Appeals have repeatedly held, a pattern of failing to advise litigants of the right to counsel and assigned counsel is serious misconduct.
“The record also establishes that respondent violated her duty to be
“patient, dignified and courteous” to litigants in her court (Rules, �100.3
[B][3]). The transcripts depict a series of rude, demeaning remarks by
respondent to litigants in custody and visitation proceedings who came
to Family Court seeking a fair hearing before an impartial jurist. In one
case respondent told the litigants that she was “so bored” and “so sick”
of the case and spoke to the litigants angrily and impatiently when they
could not agree on a visitation schedule. In another case she criticized alitigant who was wearing his college security [guard] shirt, telling him thathe looked like a “slob,” that “normal people” would have worn something “decent” and that he could buy a shirt or tie at the City Mission for fifty cents.
“It appears that respondent was particularly harsh towards unrepresented
litigants, addressing them in an intimidating, sarcastic manner. Indeed, in two cases (Charges I and IV) the parties actually discontinued their proceedings because of respondent’s impatience and discourtesy, apparently despairing of receiving a fair and just hearing in respondent’s court.”
The Commission pointed out that Judge Assini came on the 2-judge court
at a time when it was temporarily short one judge and facing a large backlog.
Nonetheless, it pointed out::
“While court congestion and the stress of dealing with a large backlog she inherited may have adversely affected respondent’s judicial performance, these factors do not excuse her demeaning comments to litigants and her disregard of important statutory procedures.
“In mitigation, we note that respondent has expressed remorse for her actions and that she now appropriately advises all statutorily eligible litigants of the right to counsel and assigned counsel.
“By reason of the foregoing, the Commission determines that the appropriate disposition is censure.”
Some readers will say that Judge Assini is really not much different from other judges, but I disagree — at least if my own experience is a guide. Here in Schenectady County, there have been three other Family Court judges since I arrived in 1988, and I have often been quite impressed with their judicial temperament and patience, in the face of very trying situations. Litigants who are not successful will always gripe about this or that judge, and I believe lawyers and staffers are a better gauge of a judge’s propriety on the bench. The Family Court community’s universal disappointment over Judge Assini suggests that she was indeed an outlier. Whether censure — the second most serious form of discipline for judges — is sufficient, I will leave for others to decide.
Let me make a few quick points:
- Family Court judges need to be especially sensitive and respectful, and able to deal with parties who are under great personal stress.
- Judges dealing with pro se litigants also need to be on their best behavior — extra training is now offered in many jurisdictions. I hope that the Internet can help make judges aware that lack of respect for litigants and displays of temper can get you disciplined — or, at least, shamed.
In a speech given when she was inducted into her high school’s Hall of Fame in 2004, Jo Anne Assini emphasized that “in order to succeed, you have to TRY. And you’ll probably have to fail, as I did so many times. You must never, never, never quit.” (“The Courage to Fail,” 2004 Niskayuna High School Graduation)
She showed a bit of her prickly nature in the speech, when she noted ” I didn’t win any moot court competitions, though I came very close, and in senior trials, the judge told me I was too aggressive (something he didn’t tell any of the men in the competition…);”.
However, Judge Assini ended the speech with advice I hope she takes to heart now for herself. After noting that “The first time I ran for judge, I didn’t just lose, I was crushed,” she wisely points out:
“I realized that what people remembered about you was HOW you handled losing.”
The public and the legal community in Schenectady County hope Judge Assican greatly improve her behavior. If not, we hope she’ll decide that she can do more for the community and the profession off the bench.
contempt of court
the lawyer hopes Her Honor
can’t read his mind…….. by dagosan at simply senryu
December 7, 2005
pro bono meets pro humbug
Either my permidementia is really getting out of hand, or the
Summer 2005 edition of the Harvard Law Bulletin arrived really
late — because, I swear, it was stuffed in my mailbox today, along
with the December 2005 edition of Washington [DC] Lawyer. [update:
8 PM: sorting through the rest of my mail, I found an invitation to
a museum opening scheduled for Sept. 18, 2005, and an AARP
life insurance offer that needed a response by Oct. 4. It seems
I’m not going crazy — the Summer edition of HLB really did arrive
today.]
I first looked through Washington Lawyer, and was pleased to see
an extensive cover article on “Government Attorneys and Pro Bono”
and also a column by DC Bar President John C. Cruden on the topic.
I hope this coverage will encourage government managers and individual
staffers at all levels of government to expand and encourage participation
in pro bono programs. (My pro bono work almost three decades ago was
so satisfying that it got me to leave government and antitrust and focus
on mediation and children’s advocacy.)
Inspired by the Washington Lawyer pieces, I was discouraged by what
I saw in the Alumni Letters section of the Harvard Law Bulletin. In response
to articles in the Spring 2005 HLB, and particularly its backcover, there was
this Letter from HLS student Aaron S. Kaufman (Class of 2006):
The Other Side Uncovered
I am somewhat upset about the back cover of the Spring 2005
issue of the Harvard Law Bulletin, with the full-page photo of Suma
Nair and the quote, “I’m glad there is a pro bono requirement. It brought
me back to why I came here in the first place.”
It misrepresents the views of most law students who very much resent
the law school telling us that we must work a certain number of hours
pro bono. Pro bono is supposed to be something that a lawyer wants to
do, not something that is imposed on us as a prerequisite to graduation.
While I doubt, for political reasons, that you’re going to put a full-page
picture of me on the back of the Bulletin saying, “I truly resent the pro
bono requirement,” I would appreciate if you make some sort of apology
or emphasize that Ms. Nair’s views are atypical. Or at the very least,
please present views on the other side of the issue.
Aaron S. Kaufman ’06
Cambridge, Mass.
f/k/a covered the Giving Back edition of HLB here, where we noted:
The latest edition of the Harvard Law Bulletin (Spring 2005) features a
cover that reads “Giving Back: Harvard Law School wants all lawyers
to get involved in public service.” I recommend “Sowing the seeds of
public service at HLS”, as well as “Requirement connects law students
to the practice of public service, which describe the HLS pro bono require-
ment, its purpose, and the flexible ways it can be fulfilled. The program,
which apparently helps attract some of the very best students, hopes to
make even the most skeptical student see how fulfilling it can be to make
public service a part of your life (by following your bliss). There are some
good anecdotes.
I hope the skeptical and “somewhat upset” Mr.Kaufman has mellowed on this
topic.
small town news
just enough paper
to cover the wino
city sunset
two men prowl the ruins
of a burned out house
thunder
the migrant workers
never look up
laid off
she asks the mall santa to
bring dad a job
p.s. Do you think it is deceptive for a solo practitioner to call
his or her law practice a “firm”? How about calling it “The Law
Offices of . ..”? See this article in Washington Lawyer, and
this post at MyShingle, with comments.
introducing Hilary Tann
If you saw our sneak preview of the haiku of Hilary Tann,
on December 3rd, you can perhaps understand why we’re
so pleased to welcome Hilary as f/k/a‘s newest Honored
Guest Poet.Hilary is a founding member of the Rt. 9 Haiku Group, which
has produced the semiannual Upstate [NY] Dim Sum Journal
since 2001. In addiiton to Hilary, the exclusive four-member
group includes john stevenson, tom clausen, yu chang (who
all joined the f/k/a family during 2005). Each of the Rt.-9ers is
known for creating excellent haiku/senryu, of depth and breadth,
while maintaining a unique poetic voice. By meeting each month
for a leisurely, multi-course dim sum meal, at which haiku are pre-
sented, discussed, and sometimes revivsd, the four Rt. 9 members
have established a special artistic environment and helped nurture
the body of work presented in the Dim Sum journal. Hilary brings
— as each of her male co-members will attest — a special vitality
to their sessions and to their journal.Underlying Hilary Tann‘s very recognizable voice is her experience
growing up in the coal-mining valleys of South Wales, which has
inspired both her poetry and her “main” artistic endeavor as a
music composer.Professor and Former Chair of the Department of Per-
forming Arts at Union College, in Schenectady, New York,
Hilary she lives southeast of the Adirondack Mountains, on
the banks of the Hudson River, with her husband, and beloved
collie dog.Hilary’s website bio explains:
As a composer (for Oxford University Press since 1989) her work
is of necessity forward-looking, shaping different futures. Her
enjoyment in reading and writing haiku stems in no small part from
the fact that haiku train her once more to be “of the moment.”Despite her travels to Wales and around the nation and world, when her compo-
sitions are being performed, Hilary finds time to create one-breath poetry that graces
UDS, along with various anthologies, and leading journals, such as Frogpond
and The Heron’s Nest.
Here are excellent examples that I hope will make you seek out more
of Hilary’s work:
from the very first edition
calling
from balcony to balcony
caged birds
family visit
my parents compete
to end my sentences
first day of school
another crayon
for the sunrise
from the most recent
in certain lights
my hands are those of
an older woman
intersection
a chance to view
distant mountains
hometown —
cricket field
above the coal mine
December 6, 2005
wanted: a law school exam prayer
Many law schools started their exam periods yesterday, and some desperate
soul — student, professor, ASP professional? — Googled law school exam prayer>.
There were over 5 million results, but, looking through the top 100 results, I found
nothing really on point, — not even our post issue-spotting for faith-based law schools,
which came in #3, contained a special prayer to help assure law exam success.
Instead, the unfortunate search mostly finds links to items about court cases on
prayer in schools.
Oh, sure, Elizabeth Stillman at the Law School Academic Support weblog wrote
about exam panic in the hallways, in a post entitled “Oh My God, It’s Coming From
Inside the Building” (Dec. 2, 2005). But, the closest mention of prayer is her suggestion
that “This may be a good time to indulge in superstitions.” Also, on Oct. 12, 2005, Prof.
Stillman ended a piece on study-aids by saying “Note, however, that in late November,
when students come to me panicked because they have not outlined yet (exams here
start in early December), I recommend prayer.” Recommendation, but no specifics.
Similarly, Kimberly Swygert at Number 2 Pencil notes that “The
impending LSAT drivesstudents to pray,” and quotes the old saw —
“As long as there are tests in schools, there will be prayer in schools”
— but offers no sample prayer.
Likewise, Dean Brauch at Regent University Law School gives prayer
and God a lot of credit for increasing bar exam pass rates from under
50% to over 70% — but no prayer is specified.
A prayer calendar (Summer 2005) from Trinity International University did note that
Trinity Law School students would be taking the California State Bar Exam, from July
26-28, and it asks that readers “Pray for wisdom, along with physical and mental stam-
ina, during this three-day exam” on behalf of the law graduates. [Note: TIU Law School,
in Santa Ana, California, is accredited by the California Bar, and may be one of those
schools with special need for help on the state’s bar exam — as explored in Professor
Steve Bainbridge‘s little poke at Kathy Sullivan and barriers to entry yesterday.]
The most inspiring part of my “research” for this posting was finding the Home Page of
Dayton U. Law School’s Vernellia Randall. Professor Randall is an expert on issues
involving race and healthcare. Not only is one of Prof. Randall’s two sons named Issa,
but she has “spent 13 years in nursing, including serving as the Maternal-ChildHealth
Nurse Coordinator for the State of Alaska.” Given her connections with nursing, medical
school (adjunct professor) and teaching, and her love of poetry, Prof. Randall certainly
scores much higher than the average lawyer in the Gallop Poll released yesterday on
Honesty and Ethical Ratings of People in Different Professions (Dec. 5, 2005) (via
You can see Prof. Randall’s attempt to bring more spirituality into the profession in the
advice she gives at the Dayton Law School website for exam preparation and taking. In
addition to having discussions on studying and sample tests, her exam prep page ends
with a link to the Serenity Prayer. Although there are times when I believe the Prayer is
a bit too passive and expects too much assistance and action from God, its tone is probably
quite appropriate for the panicked law student facing exams. For those who do not remem-
ber the prayer, which is often affiliated with AA and is credited to either Reinhold Niebuhr or
Friedrich Oetinger), here it is:
The Serenity Prayer
God grant me the serenity to accept the things I cannot change
The courage to change the things I can
And the wisdom to know the difference
Living one day at a time
Enjoying one moment at a time
Accepting hardships as the pathway to peace
Taking, as God did, this sinful world as it is,
Not as I would have it
Trusting that God will make all things right
If I surrender to God’s will
That I may be reasonably happy in this life,
And supremely happy with God forever in the next
Call me a perfectionist or a malcontent, but I wish we had something aimed far more
specifically at law school examination takers, much like the dandy “A Serenity Prayer
for Law Review Authors,” presented last month at Contracts Prof Blog. I’d take a crack
at writing a version, but (a) it’s been thirty years since I took a law school exam, and (b)
more important, I’m just not a prayer-oriented guy — I don’t believe in asking God
for favors, especially because I don’t believe He does retail (like exams or at bats) or
wholesale (like hurricanes). Therefore, I urge any and all visitors to make a sincere
attempt at writing A Serenity Prayer for Law Student Exams, or any other prayer on that
topic. My own suggestion for test-takers: don’t take the exams too seriously, and take a
deep breath whenever you feel yourself becoming uncentered.
p.s. Two years ago, back before AJC graduated and passed the bar,
a SuaSponte post entitled “exam waves” stated:
“To all the 1Ls starting exams this week…I’d like to do something
like a prayer chain, without espousing any particular religion that
may not be yours. I know how invaluable it was to me last year to
know that people were thinking of me, supporting me, pulling for
me all through exams. Now I want to return the favor.”
The f/k/a Gang sends its good-exam vibes to all those law students
who need comforting, along with the comforting thought that choking
really badly on the exam might just be you telling you that the legal
profession is not a good fit.
update (Dec. 7, 2005): Jeremy Richey has posted a wonderful generic “Exam”
prayer at his website, taken from Celtic Blessings: Prayers for Everyday Life,
which was compiled by Ray Simpson. It deftly hits a lot of themes relevant
to law exams, including:
Aid me to understand this subject
with my heart as well as with my head.
Give me
Wisdom to know the nub of things . . .
Thanks, JR.
silent prayer–
the quiet humming
of the ceiling fan
Lee Gurga – Fresh Scent
today
even the pigeon
says a prayer
outdoor art show
three agnostics pray
the rain will end
if george wallace is 50, i’m really getting old
Precisely a year ago, I wrote my first double-dactyl to celebrate
the 49th birthday of the double-weblogging, oenophile lawyer from
Pasadena, George M. Wallace. Having just re-read that poem,
“Another Forty-Niner, I have sworn off double-dactyls. I have not,
however, sworn off sending the very best birthday greetings to a
weblog-made friend, who has finally joined us quintogenarians.
So, best wishes, George, for another half century (or more) of
artsy fooling around in your Forest, and artful lawyering over
declarations & exceptions (and stallions). I know you and the
Mrs. will be sharing a very good bottle of wine tonight. Your
pisano from Schenectady adds his own “Salud!” to a truly
Gianduian Barrister, and hopes your advanced age won’t slow
down your posting any time soon.
a “young” friend
turns 50 —
just how mama must have felt
cute waitress –
no protest when we say
we’re getting old
update (9AM): George may be aging, but today’s
post at Fool in the Forest shows he hasn’t lost his
stuff.
December 5, 2005
more than haiku
If you stopped by the daily haiku weblogs of Matt Morden
and Paul David Mena on Sunday, you would have seen
two poems that moved me:
deepening snow
my mother struggles to remember
the names of my children
paul david mena (Dec. 4, 2005)
in my parents house
the smell of my grandparent’s house
matt morden (Dec. 4, 2005)
Matt Morden is accumulating a very good list of links to daily haiku
weblogs and other haiku and hokku-related sites. I’ve put a link to
the Morden Haiku site in the Sidebar for your convenience.
At Matt’s place today, you can find a larger, color version of this photo
and accompanying haiku, The effect is breathtaking.
november light
found on the alder
leaf ribs
On a perhaps less sublime note, if you went over to
Blawg Review #35 today, you learned that December 5th has been
designated The Day of the Ninja. Of course, pseudo-ninjas are even
more annoying than pseudo-haiku.
While at BR #35 — hosted by Colin Samuels of the Inferno-themed
Infamy or Praise weblog — you will find links to some of the best
law-related postings of the past week. I was happy to learn that
Prof. Ross Runkel has started Employment Law 101 at his
Employment Law weblog. It will be in 60 parts, posted on Mon-
Wed-Fri for 20 weeks.
I also was pleased to discover The Airport Lawyer weblog — by
Sheryl Schelin, who has some interesting insights on Freedom
of Information requests, and also shows her exquisite taste by
including a link to f/k/a on her short weblog roll. Thank you,
Sheryl.
Meanwhile, Colin has banished your Editor to the Sixth Ring of
Hell, due to my heretical thoughts on gay priests and the Catholic
Church. Innocent as Charged!
let’s all join Haiku Society of America
If you’re a lawyer, judge or law professor in a big City (or even a lowly law
student), there’s a big chance you don’t spend much social time with folk
from outside the legal profession. Here’s my recommendation for meeting
an assortment of interesting and friendly people, who cross generations and
careers, but share a love of language well-used and small moments experi-
enced fully: join the Haiku Society of America.
Where did that rather self-absorbed notion come from, you might ask? Well,
I just attended my first HSA meeting (on Saturday, Dec. 3rd, in NYC) and
(a) had a great time — such that I’m not even going to complain about my post-
trip aches and pains and fatigue; (b) met, and started to get to know, people
behind names I have been seeing in haiku publications for years and people
with unfamiliar names but friendly faces and intriguing stories. And,
(c) Learned that HSA has been doing very little promotion of itself and virtually
no outreach to increase its membership, which now stands at about 800 —
with more than 75 members in New England, over 150 in the Northeast Metro
area, and over a 100 in both the Southeast and Midwest, plus 90+ in California,
and 3 in Alaska.
Thus, this is my weblog-Google-friendly attempt to tell people about the Haiku
Society of America. Along with the regular membership fee of $33 ($30 for students
and senior citizens), come the three annual editions of Frogpond — HSA’s haiku
journal (and source of many f/k/a haiku and senryu); newsletters; plus much
good feeling, camaradie. and occasional familial wrangling.
The chance to mingle with the living history and future
of English-Language haiku is pretty exciting, too.
One highlight of the HSA Meeting was acquiring the brand new book,
New Resonance 4: Emerging Voices in English-Language Haiku (edited by Jim
Kacian and Dee Evetts, Red Moon Press, 2005). Even better was having three
of the 17 poets featured in New Resonance 4 read their own excellent work from
the book — Brenda J. Gannam, William Cullen Jr., and Efren Estevez (natives of
Savannah, Havana and Petersburg [VA], respectively, and all transplanted to the
NYC area). Click this link to see the cover of New Resonance 4, and go here for
information on the series.
Another highpoint of the meeting was a Memorial for Jerry Kilbride, the much-
beloved poet/bartender and HSA inspiration. Our Honored Guest, Pamela Miller
Ness led the memorial. I did not know Jerry, but was moved by the palpable
love in the room. Here is an award-winning, classic haiku by Jerry:
fog . . .
just the tree and I
at the bus stop
Here are tribute poems for Jerry, by three f/k/a Honored Guests, from
the current edition of The Heron’s Nest (Dec. 2005):
morning bells
through a crack in the shutter
one bright star
“treebare”
turning tide
the river goes
from gray to blue
fog . . .
just the tree
at the bus stop
If reading f/k/a has turned you into a haiku lover, please consider joining
HSA. If you’ve been a haiku fan or writer for years, and haven’t yet joined
HSA, please consider a membership now. End of the haikuEsq sales pitch
p.s. At the meeting, I finally got to meet Pamela Miller Ness in
person, after our 18-month “relationship” here at f/k/a. It was a
pleasure — and, as Pamela was just voted President of HSA — a
distinct honor. Congratulations!
December 4, 2005
let’s put an end to “at the end of the day”
I’m achy, fluish and grumpy enough this evening to finally put downin pixels just how completely annoying and agita-inducing I find thephrase “at the end of the day.”As a regular viewer of Sunday morning talking-head-political shows,and other interview-oriented presentations, such as, PBS News Hourand the Charlie Rose Show, I have known for at least a decade that“at the end of the day” virtually never means “before I go to bed tonight”or “when the day in question is over.” Instead, the underlying meaningis more likely to be:“although I have absolutely no facts or evidence toback this up . . ”“contrary to all logic and reason, . . . ““assuming a timeframe in which we are all deadanyway, . . . ““right after hell freezes over . . . ” or“as the spokesperson for Group/Party X, I’m forced/paid to predict, . . . “Maybe I’m just out of the main kvetsching loop these days, but I hadn’tseen or heard others raise this complaint — until the repeated use of thephrase on ABC This Week by White House Security Advisor StephenHadley drove me to such distraction today that I decided to Google thecursed cliche. I have now learned that lots of people hate the use of “atthe end of the day” by politicians (and sports figures).For example, early last year, it was chosen the #1 Most Irritatingphrase in the English language by supporters of Britain’s Plain English Campaign(“At the end of the day . . . we’re fed up with cliches,” News Release, March24, 2005)Similarly, a history of the term found in GramTime News (Vaxjo [Sweden]Univ., Jan. 2001, scroll down to Usage question #2), states:“It should be noted that at the end of the day is one of thosephrases that irritate many people. In particular it also seemsthat the phrase is used extremely frequently by British footballplayers and managers. In fact, as early as 1995 the readers ofthe British football magazine When Saturday Comes (WSC 1995:100) voted at the end of the day to be the most “overused phrasewhich should be punished by public flogging.”The phrase was apparently given its nefarious non-literal sense in Britain andspread from there to the United States. The GramTimes News explains that itmeans something like “with everything considered.'” And says:The 1995 edition of the Longman Dictionary of Contemporary Englishwrites that it is “used to give your opinion after you have discussed allthe possibilities of a situation or problem.” The Oxford English Dictionaryexplains the phrase as “when all’s said and done” and its earliest entryis from 1974.As late as 1995, the New York Times was still using the phrase rarely, and usuallywith its literal meaning. By then, however, the literal meaning was almost never usedin British publications. To my dismay — but not to my surprise — the article endson this pessimistic note:“At the end of the day the phrase seems to have a bright future becausehighly influential public figures in both Britain and the United States haveadopted it in their speech.”It has always seemed to me that Republicans began using the dread phrase firstin America — possibly due to the Reagan-Thatcher connection. Because so muchRepublican and conservative politics is based on ideology, rather than facts or logic,the phrase “at the end of the day” [like “at the end of days’] becomes a prophecy thatthey expect to be taken on faith.GramTime News notes a “huge increase” in usage in American English from 1993 –1997 — suggesting that the Administration of President Bush #41 may indeed be theculprit. The influential figures given as examples as using the phrase by GTN, however,are Tony Blair and Al Gore. Nonetheless, it has been Republicans who have triggered mygag response over the past few years with repetition of “at the end of the day.” Ofcourse, my b.s. meter goes off when politicians of every stripe use the phrase. (Happily,I don’t watch sport shows and therefore minimize sports-related exposure.)Could it be that “at the end of the day,” being a prediction, wasconsidered to be less deceptive than old standbys like “at thismoment in time,” which usually signalled a falsehood orconvenient lapse of memory?After hearing it so often, many Americans now use the phrase “at the end of the day,”without knowing that it creates great suspicion and irritation. Please join me in using thepower of weblogs to spread the message. Perhaps, there will someday be a day, at theend of which, the phrase will be given back its literal meaning. We can then go back toloathing “at this moment in time” and “my present recollection.”Dec. 13, 2005, is Plain English Day, and the Plain EnglishCampaign will be announcing its annual awards – for both clearand baffling use of English. There are categories for governmentand media, along with the Golden Bulls (for gobbledygook) andFoot in Mouth (for a baffling quote by a public figure). ThePlain English Web Award is actually an honor.The latest News Update from Plain English (04 Nov. 2005), tells ofa study out of Princeton that I had missed. According to its author,Dr. Daniel Oppenheimer, “writers who use long words needlesslyand choose complicated font styles are seen as less intelligentthan those who stick with basic vocabulary and plain text.” Hmm.dad’s armchairhindsight is20/40by dagosanp.s. My irritation over this phrase spilled over into my personal senryu weblog this morning — see simply senryu.