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

December 22, 2004

burning the YuleBlog

Filed under: pre-06-2006 — David Giacalone @ 12:37 pm

It seems wise to do a little venting, and maybe enjoy some freudenschade or   

dark humor, before I bring my oft-contagious holiday grumpiness back home 

with me tomorrow


ooh neg   So, if you came here looking for a Holiday Happy Face, please bear with me.     


from dagosan:  

wrapping and


she pastes on a smile

                                             [Dec. 22, 2004]




Snow tapering off . . .

at the graveyard, one tombstone

leans on another


Moon slipping out of clouds–

the scent of smoke

from mountain forest fires



An obituary

circled in the newspaper–

pale winter moon



credits: “An obituary”  – edge of light  (Red Moon Anthology 2003); Acorn 10

“Snow tapering off” — Modern Haiku XXX:2; A New Resonance 2: Emerging Voices

“moon slipping –  A New Resonance 2: Emerging Voices; Modern Haiku XXX:3


wolf dude neg The Very First Ad Homonym Attack on Lawyers?  Is the equation “lawyer = liar”

bad publicity or good marketing?  Ever since my Grandpa Bart said “Lawyers, liars, Bah!” when 

he heard I was going to law school, I’ve been ambivalent.  It seems plain to me that our

adversarial legal system — along with client expectations and zealousness mandates —

puts a lot of pressure on lawyers to be less than fully candid.  Check out J. Craig Williams

and Legal Blog Watch‘s Lisa Stone on lawyers as “spin doctors.”


A Bag of EU Xmas Coal for Billie Gates: As reported by IHT via the AntiTrustProf notes, “the

European Court of First Instance has rejected Microsoft’s argument that EC’s order to change its

business practices woud cause irreparable harm to the company (particularly its patents, copyrights,

and trade secrets) and to its operations in Europe.”  Microsoft must immediately sell to computer makers

a version of Windows without its Windows Media Player audiovisual software and share protocols with

rival makers of servers. See AAI’s explanation of why this is good for American consumers, too — it’s a

very good Sun/Solstice/Christmas gift.


recommended that the Baseball Common Law Exemption from the antitrust laws and the McCarran-Ferguson

Act exemption for the “business of insurance” be studied by the Commission. 

  • Check out the Intellectual Property Working Group’s recommendations here


mountain temple–
deep under snow
a bell

           Kobayashi Issa
                 translated by David G. Lanoue



tiny check “So, Our Chances Are 50-50” Not!   Q: What’s more annoying than clients who think “we could win or

lose this law suit” means the chances are equal for each option?  A: Lawyers (and otherwise sophisticated

clients) who assert that a case of  ‘he said, she said can’t be proven by either party.  At his Employment Blawg

George Lenard has a very good post on this topic.  George gives this advice to his clients:

“Do not be afraid of making credibility determinations. Throwing up your hands and declaring

 it a case of ‘he said/she said’ should not be the routine outcome of a harassment (or other employee

misconduct) investigation. (But if I had a dollar for every time I heard this . . .) Judges and juries

make credibility determinations all the time; so should you.”

You’ll find some good ideas for assessing credibility, with excerpts from Grondorf, Field, Black & Co., ,

318 NLRB 996 (1995).  I know a few divorce lawyers who need to take this to heart. 


at the sunset bell
one ear plugged…
winter quilt

                     Kobayashi Issa
                                    translated by David G. Lanoue


Bell-Ringing Santa Judge Gets Gonged  Florida ‘s judicial ethics board issued an advisory opinion   santaList 

on Dec. 8, that a judge may not “directly solicit funds from the public on behalf of a non-profit organization

where the identity of the judge is unknown and/or disguised?.”  The querist judge had wanted to ring a

Salvation Army bell.  Opinion Number: 2004-36 (via sunEthics)  I’m with the two dissenters on the Committee.



Deduct This!  After reading the case, we think the pro se Respondent would be wise not to take his

own legal advice on tax matters.  Per TaxProfBlog: In Sax v. Commissioner, T.C. Summary Opinion 2004-171

(12/20/04), the Tax Court denied a $29,000 business expense deduction claimed by an 86-year old L.A. attorney

for lack of substantiation.


Cease & Desist with the Whining Already.   Florida lawyer Mark Miller has a special Guest Post at Legal

Underground today, with the Christmas question “Why Is It Them and Not Me?”  As Americans, and

especially as working lawyers, we have it awfully good here compared to much of the world.

  • Okay, I think my spleen has been fully vented.  It’s safe to come back here over the Holidays.

napper gray sm p.s.  I was irked this week, when the director of Pro Bono Affairs for  NYSBA told

me she disagrees with my disappointment over the pro bono participation of New York’s lawyers, and pointed me to  this website to show how much is being done for the self-represented in this State.   I suggested she take a look here to see what a State can do that truly cares about pro se litigants and equal access to justice.  (Of course, I pointed to some of ethicalEsq‘s materials, too, such as Pro Bono is Not the Answer to the Access Problem.) 



year’s end–
when will my turn come
temple bell?

                  Kobayashi Issa
                            translated by David G. Lanoue

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