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

March 24, 2006

post-pourri . . .

Filed under: pre-06-2006 — David Giacalone @ 5:39 pm

. in which we try to keep our punditry as pithy as our poetry.                                                                                          

tiny check 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 



tiny check  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?



tiny check 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.



tiny check 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-

tioner (see his the busy lawyer, where he’s doing an all-nighter

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.


washerN  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

(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

dentist haijin:


fishermen’s cars

parked along the road . . .

cold rain









spring horse auction —

a cluster of Amishmen whispering

through their beards






fishing pole

sweat steaming

from a team of geldings;

endless stars






farm dog calling

calling to her echo

deep in the forest




lee gurga from Fresh Scent (Brooks Books,1998)   

except: “fishermen’s cars” – The Haiku Anthology (3rd Ed); 

  The Measure of Emptiness (1991)


                                                                                                          Abogado Redlich  WRedlichMug



  1. Thank you for your very flattering comments about my blog, my website, etc. I was actually contacted by Mark Ochs about my “Abogado” listing. I reviewed the ethics opinions and decided I was not violating any rules, and told him so. He backed down.
    Funny thing is, it had not occurred to me that there was any value in being listed in the A’s. I now understand there can be value in it, though I get very few calls through the phone book and doubt it matters. Maybe with an AA listing at the very front, but those consumers aren’t going to get to abo…
    My other dumb (or dumb luck) moment is my phone number — 888-733-5299. I chose it because it works out to 888-RED-LAW-9 (Red for Redlich). About two years later I realized that 9 is y (888-RED-LAWYER). So I should probably call myself “The Red Lawyer”, but then everyone would think I’m a commie. :-)

    You have a wonderful blog. Now if I can find time to read it.


    Comment by Albany Lawyer Warren Redlich — March 27, 2006 @ 9:37 pm

  2. Thanks for stopping by, Warren, and for your kind words.  I know what you mean: there are far too many weblogs worth checking out and far too few hours in the day.
    More important: March Ochs refused to investigate Andrew Capoccia in Dec. 1997, when I filed a complaint against Capoccia’s deceptive debt reduction ads and excessive “reverse contingency fees”. See Blame Bar Counsel for the Capoccia Scandal.  Yet, he was willing to waste time going after “Abogado.”  Disicplinary incompetence and lack of diligence should be actionable. 

    Comment by David Giacalone — March 27, 2006 @ 10:10 pm

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