. in which we try to keep our punditry as pithy as our poetry.
So, what happened in Smith v. Peterson? Was son Sheldon able
to save the elderly Marvin and Goldie Smith from the abusive early-
bather upstairs? As we reported on Feb. 28, the initial hearing before
Denver District Court Judge Ronald Mullins was set for March 22nd.
I’ve been checking Google News, the Denver Post, Suz at Large,
and Overlawyered, but haven’t learned a thing. Could sanity have
prevailed and the case settled? Do you know?
update (April 26, 2006) see our water-torture bathtub suit still afloat
He usually gives advice (whether asked or not), but this week
Prof. Steve Bainbridge has been seeking advice. Steve , who has
been trying out new mastheads had a poll seeking input on two new
designs, plus his original classic version. His favorite — a swatch
of a waving USA flag — was not well received, and the classic version
was edged out by a slightly by an image of stock certificates.(yawn)
Steve is going to experiment. I really like the color-scheme, tagline
[“Law, Business, Economics, and Culture” — what’s left?] and image
on his newest attempt — which looks like Bacchus, the god of wine.
Of course, it could be Steve tending his vineyards. Let Prof. B know
what you think?
You may recall that, two weeks ago, I was checking whether we
had AA or AAA lawyers trying to get to the top of the Yellow Pages
listings in my local phone books. At the time, I noticed that one
attorney was near the front of the cue, because he listed himself
as Abogado Warren Redlich — to let consumers know, I presumed,
that he speaks Spanish. Serendipitously, I discovered this week
that lawyer Redlich is in fact the weblogger behind Albany Lawyer Blog.
At his firm website, Warren uses the tagline “a lawyer who speaks your
language,” and reports that he speaks Spanish, Japanese and French,
along with his native English. Yes, I’m envious.
Warren’s got an engaging style at his weblog, sharing
thoughts on criminal, personal injury, and traffic law, and
other legal topics, as well as life as an almost-solo practi-
on a Saturday night — oh, to be young and healthy again.)
He has also started a Town Court Directory for counties in
our region (and hopes to go statewide and then spread to
NJ & MA). Warren is finding many ways to differentiate
himself from the crowd, as he builds his law practice.
The Wall Street Journal editorialized in favor of the Maytag –
Whirlpool merger on March 13, stating that antitrust merger enforce-
ment was irrelevant (and harmful) given globalization and the new
technology. My friends at the American Antitrust Institute offered
an op/ed piece in rebuttal, which was rejected by WSJ. Having their
own website, AAI Responds to WSJ Editorial on Whirlpool-Maytag
(March 23, 2006), even posting the WSJ’s “Antitrust Spin Cycle.”
Written by AAI Vice President, Diana Moss, the pro-antitrust piece
wins my vote. Among other insights, Moss points out two truths:
“One truth is that the consumer should matter. . .. If busi-
nesses successfully serve consumers, stockholders will
have opportunities to profit. . . . And any merger that unduly
reduces competition is the enemy of the economy, even if
it benefits a limited number of shareholders.
“Another truth is that not all mergers are good deals for the
shareholder. For the proof, we can look at Bruner’s Deals
from Hell or Scherer and Ravenscraft’s more academic–
but equally compelling–Life After Takeover. . . .
“If shareholder interests are paramount–as proponents of the
Whirlpool/Maytag dicta would attest—then the lessons of
history recommend caution in equal measure to the enthu-
siasm for eliminating antitrust oversight.
“. . . These truths also recognize the symbiotic relationship
between consumers and shareholders. Together, they drive
the need for antitrust policies that provide a flexible framework
for allowing pro-competitive deals to go through while stopping
the harmful ones. That is why one important component of
merger analysis is figuring out whether the cost savings a
merger’s proponents claim it will produce are genuine.”
Granted, this post got a little longer than I had hoped. Let me make
it up to you with a handful of haiku from Lee Gurga, the midwest
parked along the road . . .
spring horse auction —
a cluster of Amishmen whispering
through their beards
from a team of geldings;
farm dog calling
calling to her echo
deep in the forest
except: “fishermen’s cars” – The Haiku Anthology (3rd Ed);
The Measure of Emptiness (1991)
March 24, 2006
Since 2006 began, I’ve been forgetting to update my favorite SideBar feature —
The Inadvertent Searchee. In a week when your Editor has been accused of being
old and over the hill, intellectually lazy, and — gasp! — a writer of both gibberish and
poetry, I’m happy to make up for that neglect with a few new entries. They suggest
that the major search engines like us a lot more than p/i lawyers do:
As for legal profession issues dear to our heart and important
lawyer client self fool> We had the #2 and #3 of 1.6 million results in this
self-regulation on the same page. In the other, we quoted a NYSBA brochure
that was discouraging self-help by consumers. Google should have featured
our quote from Edward Day Parsons:
“He who pleads his own case may have a fool for a client; but it’s
more probable that he who employs a lawyer will have a knave for
lawyer value billing> The first two results out of 17 million in this Google search.
came from f/k/a (the internet’s lone voice of caution on this issue). For example,
see Value Billing and Legal Ethics — honest, guys, clients want to pay less,
not more, in lawyer fees when they seek better value.
What Is An Appropriate Contingency Fee> The first two of nearly 4 million results
certain dignified p/i lawyer). Now, if only the good-guy tort lawyers would read
up and take it too heart.
lawyer telling clients when they are damned fools> The first two of almost half a
million Google results came from f/k/a, for this very important concept. We
“Elihu Root . . . put the matter more simply: ‘About
half the practice of a decent lawyer,’ he once said,
‘consists in telling would-be clients that they are
damned fools and should stop.’
“Today there are too few lawyers who see it as
part of their function to tell clients (especially new
clients) that they are damned fools and should stop:
Any such statement would interfere with the marketing
program. The public pays, because the rule of law is
fiduciary obligations of attorneys> #1 of 2.5 million Google results, on
a topic that doesn’t get enough discussion in the legal profession, was
this post, which focused on the obligation to better inform clients when
Of course, some of the search engine results seem to be a bit inadvertent
haiku perspiration> #4 of 15,000 in the Google search,
which lets me repeat the poem in question from my alter
across flat abs —
Stop buying expensive coffee and save> #3 of 3.8 million Google results
was our commentary about law students spending far too much on luxuries
and adding needlessly to their law school debt. (Sometimes, we sound like
old fuddy-duddiesaround here.)
how big is a F cup> #1 of almost 9 million Yahoo! search results.
As usual, old Master Issa is the culprit (along with the “f” in our name):
in a big sake cup.
moon and a flea
We were only the 9th result for men with spiked hair>, but it’s a good
excuse to re-post two ed markowski follicle poems:
late day showers…
my hair gel
the ski instructor’s
owen wilson erection in speedo> – Yesterday, we were #1 out of 309 in this
Yahoo query. That’s what I get for featuring the book Taboo Haiku. Go here
to see the provoking poems. [Oddly, the same Yahoo! search today doesn’t
even show f/k/a in the top 40. Talk about inconsistent performance.]
update (5 PM, March 24): I don’t know who’s looking up halloween sex> in
March, but our post on pols vs. sex offenders was the #2 result out of 5.3 million
in a Yahoo! Search today. Meanwhile, our own attempts to find out more about
the Smith v. Peterson “early bather” case, revealed that the f/k/a post of the subject
is the #1 result when Googling “Sheldon Smith” lawyer>.
just one glass of wine
Google keeps asking
“Did you mean _____?”
blind date tomorrow —
Yahoo! me tonight?
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The appellate court here in the NYS Capital Region reinstated Michael Boxley
to membership in the state bar yesterday. Matter of Boxley, App.Div. 3d Dept,
D-80-06, March 23, 2006. Boxley had received a one-year suspension in June
2004. The new Order does not mention any facts in the case, but merely recites
Jones & Boxley
S. Dickstein/Times Union
“We are … satisfied that respondent [Boxley] has complied with the
requirements of this court’s rules governing reinstatement and that he
possesses the character and general fitness to resume the practice of
The per curiam order also noted that the Committee on Professional Standards
was not opposed to his application to have the license reinstated. So, is this
just a run-of-the-mill lawyer discipline story, of no interest to the public or the
Not exactly. See Boxley & Jones: Giving Lawyers a Bad Name, Bigtime, our
post from Feb. 26, 2004, for a detailed look at the story. Here’s a summary:
Boxley was the chief legislative assistant to the most powerful Democrat
in the State, Assembly Speaker Sheldon Silver.
He was accused of raping a young legislative staffer (similar charges had
been made by another staffer in 2001).
He was allowed to plead guilty to a misdemeanor sexual assult. His lawyer,
E Stewart Jones, said a black man could not get a fair trial in Albany, so he
took the plea, to save Boxley’s law license. Jones then slurred the young
Boxley tried but failed to get the Assembly to pay his legal fees.
The Assembly paid $500,000 to Boxley’s victim, when the legislative assistant
sued for sexual harassment.
Boxley has been doing “consulting work” for Powers & Co., the lobbying firm
headed by former state Republican Chairman William Powers. (Capital Connec–
[See “Speaker Silver’s former counsel has law license restored,” The Business Review
(Albany), March 23, 2006; “Former aide to Assembly speaker readmitted to practice law,”
Newsday, March 23, 2006]
Sorry, Michael, we consider this disciplinary interruptus to be extremely premature.
While the leaders of the NYS Bar fret over assaults on their dignity and image from
lawyer advertising, we can’t help but wonder what the public thinks of sexual assaults
by, and slaps on the wrists for, politically-connected lawyers with high-profile counsel,
who assails the justice system and decries his client’s excessive punishment.
the first snowfall
doesn’t hide it…
smelling like sake
smelling like piss
the defeated wrestler, too
joins the crowd…
Mr. Horse passes
among chrysanthemums too
the nobles win
translated by David G. Lanoue
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