Today, we are pleased to add haiku poet and editor Billie Wilson to our roster of
Honored Guests. A semi-retired paralegal (who claims to love lawyers), Billie’s haiku are
filled with the scenes and sense(s) of Alaska, her adopted home. You can learn more about
Billie and see examples of her work at her WorldHaiku webpage, and at the Alaska Haiku Society
website, which she has created with Cindy Zackowitz.Billie was featured in New Resonance 3: Emerging Voices in English-Language Haiku (Edited
by Jim Kacian and Dee Evetts, Red Moon Press, 2003)She says, “I’ve been writing haiku-shaped poems since the late 1960s and learned only a few years
ago that I had almost as much to unlearn as to learn about real haiku.” I think you’ll see that Billie
is a quick learner. We’re grateful that Billie Wilson is now gracing this website.mud-spattered pickup-
four dogs watch
the tavern doorfruitstand apples-
the rich smell of horses
on my handsby Billie Wilson
credits: “mud-spattered pickup”: “The Heron’s Nest” (February 2001)
“fruitstand apples”: HSA Northwest Region Members’ Anthology, 2000
October 8, 2004
billie’s alaska state of mind
October 7, 2004
pape & chandler: pit bull papers
The decision in Florida Bar v. John Pape and Marc Chandler, along with the original Bar complaint, and P&C’s comprehensive Memorandum of Law , can be found at the Pape & Chandler website. The Honorable Judge William W. Herring presided over the matter as Referee and ruled that neither the 1 (800) PITBULL number, nor P&C’s logo (depicting the head of a pit bull in a spiked collar) are deceptive or otherwise violative of the Rules Regulating the Florida Bar; furthermore, the State’s lawyer advertising rules are unconstitutional restrictions on commercial speech as applied here by The Florida Bar.
Here is a particularly important quote from John Pape in the firm’s Press Release :
“Our pit bull logo is not a hollow charade or a lame marketing gimmick. The logo represents what we believe our firm stands for: loyalty to our clients and to each other and tenacity, determination and aggressiveness in representing our injured clients.” . . .
“Over the past 3 years, we have spent over $100,000.00 in our own time and money defending ourselves pro se against the Bar. But the most disconcerting aspect of the entire 3 year ordeal with the Bar . . . is that it seems that the Bar is more focused on creating the superficial appearance of dignity and elitism in the legal profession by attempting to regulate what it sees as good taste in lawyer advertising than it is on focusing on what is really important. The superficial appearance of dignity does not create actual dignity or integrity. Our clients are the most important part of the profession, and the Bar should probably focus more on making sure that clients get loyal, diligent and competent representation from intellectually qualified and diligent attorneys.”
Congratulations to John and Marc (and to legal consumers, who are being treated like thinking adults). [see our prior post here]
Correction (Oct. 8, 2004): Although we expect the Florida Bar to appeal the Referee’s Report and Order, such an appeal has apparently not been filed at this point. The notation on the Florida Supreme Court case docket to which we linked earlier appears to be a notice that the review process must be commenced by Nov. 29, 2004, as called for in the bar rules [Rule 3-7.7(c)(1)]. We apologize for the error and any inconvenience it may have caused. Please remember that, while Homer may occasionally nod, the retired ethicalEsq definitely naps a lot. Your Editor promises to do better next time, and hopes the Florida Bar will choose to — dare we say it? yep — let this sleeping dog lie.
Pit Bull Update (Oct. 21, 2004, 6 PM): Marc Chandler reports that Pape & Chandler received notice today from the Florida Bar that it would seek review of the decision in Florida Bar v. John Pape and Marc Chandler. The stubborn and misguided Bar is being as tenacious (nasty?) as a pit bull.
update (Nov. 17, 2005): see fla. high court puts down Pape & Chandler’s Pit Bull
loyalty, tenacity and determination in representing our clients . . .
trusting the dog
to guard the gate…
chrysanthemum
mother dog
testing the depth…
snow-melt river
Kobayashi Issa, translated by Prof. David G. Lanoue
pumped for pumpkins (and pro bono)
autumn sun–
the lawyer carries home
a pumpkin
— “the same bad career advice is repeated by the same people to new partners” — to keep your nose to the grindstone.
— “Mentoring thus becomes the one-size-fits-all advice to ‘do what I did’ rather than carefully crafted advice to pursue particular dreams and goals — and thus make time for your family, too.” Terminology has changed, with firms and agencies calling themselves “families” in the 1970s, a “team” by the 1990s, and now the very impersonal “platform for individual talents” in the new millennium.
“I think that we can do better! Firms and agencies should enable, not merely encourage, volunteer. work.”
Similarly, the NYS Bar established a Special Committee on Balanced Lives in the Law this week “which will examine how attorneys in various work settings confront the ever-evolving dynamics of meeting professional, societal and personal demands.” (Press Release, Oct. 6, 2004)
Public service suggestion from haikuEsq: share some non-fat, low-calorie pumpkin haiku for Halloween this year. You can find a great pumpkin crop at the Shiki Haiku Pumpkin page, (Nov.1997), including a pair from two friends of this weblog:
dry leaves scattered
over roadside pumpkins
the first hard frost
Matt Morden (third place)
a giggling coven–
stunted pumpkins
left in the patch
paul m.
And, a favorite of mine:
spare change
in the scarecrow’s pocket-
pumpkin seeds
willard (2nd place)
Lissa in a pumpkin patch . Click for Lissa & James pumpkin shopping.
thud in the night
drowned moth
the wax hardens
around it
harvest moon
the thud of falling apples
in the night
from
The discussion at Evan Schaeffer’s weblog on Tort Reform leaves citizens with
no financial or ideological stake scratching their heads. How do we get enough
good statistics — and good faith — to make good policy?
At D&E, George Wallace wonders what Edwards meant about stopping frivolous suits.
Linking 20 times in one post to ethicalEsq, Constant’s pations recommends federalization
of legal licensing and discipline. That won’t ever happen, given the many fiefdoms involved,
and it might make things worse. Let’s start vigorously enforcing the rules already in place.
I have no idea what a pation is nor who Constant is.
October 6, 2004
oh brother, too much politics
Recently, this weblog has been highjacked by the rogue editor, politEsq. Challenged last
night by our Vice President, we pledge to stand up to any such invasion of our space —
with pre-emptive strikes as needed – for at least the next four years.
Instead of politics, with the help of Master Issa and George Swede, let’s celebrate yesterday’s
surprise visit from my twin brother. He’s already headed home to wife, kids and clients, after
groaning with me at the Vice Presidential debate and trying out my new futon.
(You can see the 3-year-old bow-tied duo by clicking here)
bamboo shoots–
big brothers, little brothers
grown so quick!
are those nightingales
brothers?
identical voices!
sparrows at the gate–
the brothers’ first
fight
waving goodbye
to the father a clothesline
of children’s shirts
the open mouths
of my two sons soundless
above the waves
by dagosan:
cute waitress –
no protest
when we say we’re old
[Oct. 6, 2004]
remember when you could read the fine print?
from Nest Heads by John Allen (UComics.com, Aug. 22, 2004)
federal budget relief: no VEEP
if people ask
and dewdrops answer
is the lesson learned?
Right now, an hour after their debate, I wouldn’t want to have either Dick Cheney or John Edwards in the Vice President’s office. Let’s save a bunch of money and leave the position open for four years (rent out that great mansion on Mass. Ave).
- Can you spell d-i-s-p-i-r-i-t-e-d? Dick Cheney said nothing that I found helpful or persuasive. But, John Edwards really let me down. He had a lot of little points to make and decided to make them, whatever questions were asked — even when answering the actual question would have been very advantageous. For example: When Gwen Ifill asked if flip-flopping could be a good thing. Edwards ticked off the President’s own flip-flops, but not how an open-minded re-assessment of facts and tactics can make for better decisions — while stubborness and refusal to admit mistakes can make things worse. TalkLeft asks who won and why. I say Edwards only won if you already supported him.
-
From Bull to Pit Bull: On October 1, 2004, the Florida Bar filed its request for Supreme Court review of Judge Herring’s ruling in the (800) PITBULL case, which found no deception in using the Pit Bull logo or 800 number (see our posting). (Fla. Bar v. John Pape and Marc Chandler, Dkt. SC04-41) Thanks to Marc Chandler of Pape & Chandler for the tip.
Correction (Oct. 8, 2004): Although we expect the Florida Bar to appeal the Referee’s Report and Order, such an appeal has apparently not been filed at this point. The notation on the Florida Supreme Court case docket to which we linked earlier appears to be a notice that the review process must be commenced by Nov. 29, 2004, as called for in the bar rules [Rule 3-7.7(c)(1)]. We apologize for the error and any inconvenience it may have caused. Please remember that, while Homer may occasionally nod, the retired ethicalEsq definitely naps a lot. Your Editor promises to do better next time, and hopes the Florida Bar will choose to let — dare we say it — this sleeping dog lie.
- Barack Obama is at Rick Klau’s house tonight for a fund-raiser. Maybe we’ll get a clue about Obama’s tort reform position. We first asked the Obama Campaign on Aug. 4, 2004. [Update (1 A.M., Oct.): Rick got my question too late to ask Barack, but will try to follow-up. They had 100 attendees on just 5 days’ notice. And, Rick wants the world to know his wife is a saint. Funny how many wives are saints/martyrs! Here’s Rick’s recap.]
October 5, 2004
sounds frivolous
back again—
the driftwood thrown
with all my strength
explaining it,
my life sounds frivolous—
holly berries
by paul m.
credits: “explaining it” – acorn haiku magazine
“back again” – pegging the wind, The Red Moon Anthology 2002; acorn
- by dagosan:
October sunwarms the bed
where’s that winter robe?
[Oct. 5, 2004]
-
- Despite the headline Metro Lawyer Lives Up to $625 Hourly Rate (NYL/Conn. Law Trib., Oct. 4, 2004) I wonder how Gary I. Cohen has the chutzpah to ask for a “success bonus” after chalking up 300 billable hours, that’s $187,000+ at $625 per hour, in a matrimonial case. Does it matter whether the client signed a contract permitting a Success Bonus? Should a fiduciary put the client on the spot asking for a tip?
-
- Are you naive about PC (computer, not social) risks? The National Cyber Security Alliance says lots of Americans are. “Statistics actually show people have a ‘0.0000102% chance of being hit by lightning’ while they have a 70% chance ‘of falling victim to a computer virus, phishing attack, malicious hack attempt’ or other PC security problem.” (via TVC Alert
-
- If you came here looking for information on frivolous lawsuits, see the blurb at this post and its Comments, as well as this earlier post. and this one.
p.s. There’s an especially meaty TISK! update today — find out how the search engines treated us when asked about pit bull bites, defamation weblogs, tacky weblogs, ghosts who bite, alternative billing and much more.
October 4, 2004
let’s mug Prof. Grace
Here are a few things I learned [click to read and see more].
rice-planting song–
let everyone’s anger
be cured
in my sake cup
down the hatch!
Heaven’s River
Prof. Grace’s mug . . . “prof grace”
sticker various awakenings
waking to Pledge Week –
beggars and bullies
on the radio
as I wait
for the phone to ring the beagle
worries a bone
I awake before
hitting the ground
the clock’s dial glows
(Brooks Books, 2000)
[bumpersticker: cafepress.com]
Tougher Passing Score for NY Bar Exam Draws “Outrage” (NYL, Oct, 1, 2004) “The new policy
calls for the passing score to increase from 660 points (of a possible 1,000) to 675, at the rate
of five points per year beginning in July.” Leave no law student behind.
Looks like they’ve got some thin-skinned whiners at the Colorado Bar: see Overlawyered.com
Good Pointer from Arnie Herz at Legal Sanity: Reducing Law Office Stress (LPM, Sept. 2004)
Satire and Humor sites shouldn’t have to remind readers with every post. (see Nft[L]U re Scalia
out of context; caution: post not office- or prude- friendly) that tongues may be in cheeks.
October 3, 2004
more wishful thinking
Kerry’s team
needs a mantra:
“wishful thinking”
one-breath pundit
How should John Kerry describe Pres. Bush’s leadership style? “Delusional” is too rude.
“Faith-based” will turn off many voters. I think “wishful thinking” is just about right —
whether the subject is Iraq, tax cuts, education, drug discount plans, job growth, etc., etc.
Do you want 4 more years of wishful thinking?
If George W. Bush were a CEO right now, would he expect his conract to be renewed?
Is Prof. Bainbridge engaging in wishful thinking about the polls? Does he want unrandom polls?
- I wish the media would stop acting surprised whenever liberal and conservative
politicians agree on a topic. Example Senators Clinton and Brownback on kids & tv.
I also wish I knew the Italian language, so I could figure out whether this
computerized Google translation of my Oct. 1st home page is competently done.
from Tom Painting
the foul ball lands
in an empty seat
summer’s end
– Modern Haiku 35.2 (Summer 2004)
hon. mention, Robert Speiss Mem. Haiku Award
traffic backed up
to the interstate
Finally, I wish everyone would get a smile from wearabledissent.com‘s lawyers, and morons, and mangoes and more
Maybe big city lawyers use this approach, but I’ve never seen an ad like this one
from Schenectady, NY, lawyer Charles J. Mango:
Your Child’s Most Important Lawyer
Will Be Your Child’s First Lawyer
If Your Son or Daughter
Has Been Arrested Call
MANGO LAW OFFICES
[518] 382-0203
Caring For Your Kids Since 1982
Talk about preparing for your child’s future! And, aiming high.
. . . .
breathing in
shadows pass over
the mango tree
Graham Nunn, from A Zen Firecracker.
Impressed Publishing (2003)
streetwalker
with a black eye halo
around the moon
by George Swede from
Am I too unforgiving? The NYS Appellate Division, Third Department, has suspended
a lawyer for two years, who converted $117,000 in funds and engaged in a conflict of interest
in his dealings with an estate. The Court noted in mitigation that, besides repaying all converted
sums, the attorney “has waived all legal fees and executor commissions for services rendered to
the estate. “(Matter of Paul M. Whitaker, NYSlipOp 06822, Sept. 30, 2004). Why not disbar him?
A Pa. judge ruled this past week that Calling Lawyer a ‘Moron’ [Is] Not Defamatory (The Legal
Intelligencer, 10-01-2004). However, before lawyer Romolo Versaci of “so-called lawyer” fame gets too disheartened, it is only fair to say that Judge Gene D. Cohen didn’t say that it could never be defamation to call a
lawyer a “moron” or an “idiot.” The audience, the context, and the addressee surely must be taken into account.
foolish crow
do you think this first snow
is my fault?
by Kobayashi Issa,
translated by David G. Lanoue
October 2, 2004
on both sides of the fence
small town
an old dog stops traffic
in both directions
poppies
on both sides of the fence
hospice gardens
by DeVar Dahl [recently elected president of Haiku Canada!]
“small town” – The Shiki Internet Haiku Salon
“poppies” – the shiki haiku prize 2000
from dagosan:
legs and back
forecast flu —
feet won’t listen
Difficult Decisons: May it Please the Court gets serious about anticipating the death of loved ones —
living wills, healing wounds and more. Don’t put it off.
The recent murder of a Kansas social worker in the home of a client raises some important questions
about protecting members of “helping professions.” See Job Protection Sought for Social Workers
(AP/ABC News). When doing “home visits” and interviews while representing children in Family
Court, I often felt unsafe. Our “training” for that role focused on the law, with a little on child
psycholgy, but no instruction at all on personal safety and risk assessment.
October 1, 2004
upl a felony now in florida
PSA: As of October 1, 2004, it is a felony in Florida to practice law
without a license, to falsely hold oneself out to be a lawyer, to practice law
while disbarred or under suspension from practice, or to assist a disbarred or
suspened lawyer in the unauthorized practice of law. Someone might want to
warn the hordes of party lawyers heading to Florida for the election — a felony
in the third degree carries a sentence up to 5 years imprisonment. (via sunethics)
See Fla. Stat. sec. 454.23, 454.31 and 454.32.
the children
pretend to be foxes…
pampas grass
Banned Books Week 2004
read any banned books lately? (Sept. 30, 2004)
see the ALA/BBW children‘s poster . . .
. . . see the ALA young adult poster