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

March 13 to 19 has been dubbed Sunshine Week, a national event focused on the 

importance of open government and freedom of information laws.   Today, we’re

taking part in the related activities of Blogshine Sunday, by reminding our readers that,

in most states, the lawyer discipline system falls significantly short of the basic goals

of an open process with easy access to information. [via Bob Ambrogi’s Media Law]

 

Problems exist in three important areas:

  Allowing the public to readily locate information on the discipline

records of individual attorneys. Although there has been improvement

in recent years (with varying amounts of online information now available

from many states) a significant number of states still fail to offer discipline

records in a manner easily accessible to the public, and there is much more

that needs to be done.   (see our post,)

 

  Allowing the public to attend disciplinary hearings. According to

the legal reform group HALT:  “Florida, for example, allows only the grievant

and the defendant lawyer into the hearing room. New York, Missouri and

Nevada hold secret hearings – prohibiting even the person who filed the complaint

from observing the proceedings.”  (from the summary of HALT’s 2002 Lawyer

Discipline Report Card)

 

  The continued use of “gag rules” prohibitng a consumer who files a

grievance from speaking about it to anyone, threatening fines and

imprisonment for contempt of court. 

I live in New York State, which has more lawyers than any other state.  The NYS system fails

the most fundamental principles of open government:

• 
  
  
  

  The only source of lawyer disciplinary records are massive Annual Reports,

  
  

  posted by the NYS Bar Association, that are far from user-friendly.
  
  
• 
  
  
  

  Not even the complainant can attend disciplinary hearings, much less the public.
  
  
• 
  
  
  

  
  

  Although there is no formal “gag rule” on complainants, they are still informally

  
  

  advised not to make the complaint public.  When I filed a grievance a few years

  
  

  ago, I received a letter from bar counsel — who clearly knew I was a lawyer —

  
  

  saying I should not reveal the existence of the investigation, citing a rule that

  
  

  required confidentiality.  When I Iooked up the rule, I discovered that it only

  
  

  applied to the grievance committee staff.   [HALT NY Report Card]

  Here’s what the HALT staff told the NYS Second Judicial Department in Nov.

2004, when it was considering changes in its disciplinary rules:

“[I]n an era that places a premium on principles of sunshine and transparency,

the Second Department’s disciplinary system must come out into the open.

Current New York law bars members of the public from attending disciplinary

hearings. See NY CLS Sup. Ct

Comments Off on blogshine sunday 2005

shaded lawyers need sunshine

Filed under: pre-06-2006 — David Giacalone @ 2:20 pm

March 13 to 19 has been dubbed Sunshine Week, a national event focused on the 

importance of open government and freedom of information laws.   Today we’re

taking part in the related activities of Blogshine Sunday, by reminding our readers that,

in most states, the lawyer discipline system falls significantly short of the basic goals

of an open process with easy access to information. [via Bob Ambrogi’s Media Law]

 

  Problems exist in three important areas:

Allowing the public to readily locate information on the discipline

records of individual attorneys.

 

Allowing the public to attend disciplinary hearings.

 

The continued use of “gag rules”

 

– click here for the rest of this post, which concludes –

As ethicalEsq stated in 2003:  “The majority of states are still shamelessly secretive about lawyer

discipline.  There are no good excuses.  Any state grievance committee or bar association that wants

to fulfill its Openness obligation now has plenty of models to choose from, and learn from.  Okay, bar

leaders, judges, and politicians, let’s get going.   Curious minds want to know — and have the right to

know.” (for more, see our post, “They’re Indisposed to Disclose Lawyer Discipline, Sept. 9, 2003.”)

 

 

chilly, chilly
the sun deigns to rise
behind me

 

in the dewy field
one sleeve cold…
morning sun

 

travelers set out
the sun rises…
a world of morning dew

 

    ISSA, translated by David G. Lanoue

Comments (4)

March 12, 2005

et tu, buddha?

Filed under: pre-06-2006 — David Giacalone @ 2:06 pm

 

her last breath . . .
the strings vibrating
on her dusty harp

 

 

 

accumulating snow–

oven mitts

praying on the counter

 

 

 

 

 

tripod holes
in the creekside mud —
Yosemite dawn

 

 

Michael Dylan Welch

“tripod holes” – The Heron’s Nest (May 2004)

“accumulating snow–”  frogpond XXVIII: 1 (Winter 2005)

“her last breath” – in mem., Elizabeth Searle Lamb, The Heron’s Nest (March 2005)

 

                                            bonus:  click here for an M.D.Welch photo-poem  “welch22reading”

 

 

• 
  
  by dagosan:  

mid-March thaw —

et tu,

snow buddha?

 

          

 

St. Paddy’s parade —

at the curb

green and yellow snow

                                                       [March 12, 2005]

 

 

   potluck

 

  Yeah, but Where Were the Family Court Judges?  You may have read about

Robert A. Kahn, the potty-mouthed, 67-year-old, Bronx lawyer, who was disciplined

this week for his pattern of insulting and suggestive remarks at the courthouse to female

adversaries, and even clients. (NYLJ article;  NYPost article, March 9, 2005; via LegalReader) 

Lawyer Kahn thought that beginning therapy for his problem and writing apologies should

merit getting off with a Public Censure.  It is heartening to see that the Appellate Division,

First Department treated this as a serious matter. See Matter of Robert A. Kahn (App.

Div., 1st Dept. App. Court, 2005 NY Slip Op 01668, March 8, 2005), where the per

curiam decision states:

“There is evidence indicating that this pattern of misconduct goes back as far

as 1991. While respondent submits that letters of apology he sent after the

hearing should be considered as evidence of contrition, this expression of

remorse does little to ameliorate the harm inflicted by respondent’s abusive,

vulgar and demeaning comments, directed at female adversaries and young

clients, alike. Though warned by a friend that his remarks were inappropriate

and asked by adversarial colleagues to refrain from vulgarity, respondent persisted

in his course of conduct. Such persistent behavior warrants more than a minimum

sanction.”

I hope that Kahn’s 6-month suspension serves as ample warning to other “funny” 

attorney dinosaurs.  But, I have to ask:  Where were the family court judges the past

decade (or three)?  How could they allow these remarks to go on without sending a

prompt message to Kahn that they would not be tolerated?

• 
  
  
  

  e-Shame Meter:  Today, the first Google result for “Robert A. Kahn” is the 1st

  
  

  Dept. decision imposing his 6-month suspension.  I hope this infamy doesn’t rub off

  
  

  on Robert A. Kahn, author of  Holocaust Denial and the Law: A Comparative

  
  

  Study, a full-time Instructor in legal writing at Brooklyn Law School.

 

  After reading an editorial in yesterday’s NYT, “They’re back, and still unworthy,”  Prof.

Dzienkowski at Legal Ethics Forum raises a very good question: why is the President

rewarding judges “who have serious issues about disregard for the law and rules of ethics”

with nominations to the appellate bench? 

 

Like Denise Howell and SoCalLawyer, I don’t believe webloggers should be in such

a panic over the Apple v. webloggers case.  I’m also far from certain that the trial

court is wrong here as a matter of law or policy.  I don’t understand why a person

publishing information obtained illegally — especially commercial information — should

be shielded.  What does society gain?  

 

My interest piqued by the Tech Law Advisor‘s mention of new N.C. vanity plates 

for Shag Dancing, I had to find out what I was missing.  It sounds like a lot of fun —

at least for those R&B fans who are a lot more limber and a lot less clumsy than I.

Now that my sister lives in southern NC, near Myrtle Beach, I’ll have to find out more.

 

  Sorry, Steve, there should be two spaces after periods.  One

space is not enough between sentences.    update (March 14, 2005):  I’m pleased to see

that Jaded JD is a two-spacer!   Also, check out my reply to Kevin, Esq. on this topic.

Comments (6)

March 11, 2005

decloaking the nameless associates

Filed under: pre-06-2006 — David Giacalone @ 9:36 pm

The week, Dennis Kennedy, Carolyn Elefant, Bruce MacEwen and others have decried 

law firms that are removing information about associates from their websites  — e.g., any

biographical and contact information.  Well, why don’t we webloggers do something about it? 

Don’t we have these high-tech pulpits, bulletin boards, file cabinets?  Don’t we get some pretty

snazzy search engine results?

   

Seems to me, we could use weblog-power to undo the undue depersonalization of associates. 

We could post lists of the associates working at the various offending law firms, including as

much information as we can get about each lawyer.  Then, search engines would find the info

and make it available to those wanting to identify the lawyers at a particular firm, or wanting

to contact a particular associate, or one with particular areas of expertise. 

 

Naturally, the anonymized associates would be expected to get this information,

(in as complete, up to date and usable form as possible) to their favorite weblog editors.  If

the nameless ones can’t be bothered, or can’t figure out how to do this, maybe being merely

Ms. or Mr. X, Esq is all the identification they merit. 

 

I know this wall scribbler’s
name…
autumn dusk    

 

    ISSA, translated by David G. Lanoue

 

 

update (March 14, 2005): Kevin Heller at TechLawAdvisor has offered his website as a platform for “decloaking” associates who have been “disappeared” by their law firm websites

 

  #200,000:  Meanwhile, one new associate in California has found herself in the media   

spotlight, and is far from anonymous —  Danika Vittitoe, a 2004 graduate of UC’s Hastings College

of the Law, in San Francisco, works in the litigation department at Arnold & Porter in Los Angeles.

No, she’s not famous for any big mistakes or scandals.  On Jan. 11, 2004, she was enrolled as

Attorney No. 200,000, by the State Bar.  According to the San Francisco Chronicle (Feb. 21,

2005), Ms. Vittitoe described her status as No. 200,000 as being “‘a little embarrassing,” but “said

there’s nothing wrong with being a lawyer.”  [rousing endorsement, eh?] 

• 
  
  
  

  A&P does provide vita and contact information for each of its attorneys, including associate Vittitoe.

  
  

  The consumer nanny in me was a little bit surprised to see Litigation listed as Danika’s “Field of

  
  

  Expertise.”  I don’t know when the page was written, but “expertise” sounds a bit grandiose for

  
  

  someone who joined the Bar 14 months ago today.  “Field of Practice” seems more apt. 

 

first snowfall–
“A B C D E F…”
she practices

 

    ISSA, translated by David G. Lanoue

Comments (6)

mourning Judge Barnes

Filed under: pre-06-2006 — David Giacalone @ 8:04 pm

One or twice a year, I read or hear tributes to a man who has died, and I think:  “judgeBarnes”

“I wish I could leave such a legacy, for having touched lives in a positive and

personal way.”  I do not know Rowland W. Barnes, but the words of his colleagues

and friends today, reacting to his death on the bench in an Atlanta courtroom shooting,

gave me that feeling.  Rowland Barnes sounds like the kind of lawyer and judge that I

would be grateful to know as a colleague and to have as a friend.  (see 11alive.com,

“Judge Rowland Barnes Mourned;” Mar 11, 2005; CNN.com, “Slain judge inspired others,

colleagues say, “March 11, 2004)

 

Judge Barnes, it is way to soon for your eulogies; your death is tragic, but your life

surely was not.

• 
  
  
  

  I learned about Judge Barnes’ death in a particularly webloggish way.

  
  

  Checking the “came from” page of my StatCounter, early this afternoon,

  
  

  I was puzzled that so many visitors were coming from Google queries for

  
  

  “Judge Rowland W. Barnes.”   You see, I mentioned Judge Barnes in a post

  
  

   about the Atlanta lawyer-tax-case fee fight, which was before Judge Barnes.

  
  

  I then remembered a news alert on the radio about an Atlanta judge being killed

  
  

  in his courtroom, and I checked Google News to confirm the victim.

 

today again
death draws nearer…
the wildflowers

the death bell
tolls at the temple…
winter seclusion

 

 

ISSA, translated by David G. Lanoue

Comments Off on mourning Judge Barnes

jumping to confusions

Filed under: pre-06-2006 — David Giacalone @ 12:49 pm

 

music two centuries old—

the color flows

out of the tea bag

 

 

another day of snow–

the statue’s fingers

broken off

 

 

 

 

her hospital room–
snow filling the small field
next to the big one

 

 

  Gary Hotham from breathmarks: haiku to read in the dark  

except, “her hospital room“ from The Heron’s Nest (May 2001)

 

• 
  
  by dagosan:  

new eyeglasses —

there’s a duck,

or a boot, on the ice 

                              [March 11, 2005]

 

potluck

 

 Mr. Retained Rights, Mike Cernovich has jumped to the conclusion that the American 

justice system is to blame for the public’s jumping to conclusions about Matt Hale and

the Lefkow murders.  Michael paints a scenario where law enforcers ended up convicting

Hale because they only looked for evidence that would prove Hale’s guilt.   If that’s how

Michael’s mind works, I’m pleased that he is not a prosecutor or police detective.  The ones

I know — even if they have a prime suspect, or want the public to think so — keep their minds

and options open.    Surely, the media gets to speculate about who a perp might be.  And,

surely, the American public has retained the right to jump to conclusions.  There’s too many

real problems to work on, Mike, for you to be grieving or “losing fiath” because of the Lefkow

case, where Hale was never arrested and the case has apparently been solved.

 

  Prof. Bainbridge noted a couple days ago that Democrats have big problems with Catholic

voters.  He ended by saying 

 “Perhaps more worrisome, however, is the prospect of the further division

between the parties between people of faith and the non-religious. I’m not sure

that’s a good thing. Indeed, I’m pretty sure it isn’t.

I don’t think such a division would be good for the country. But, I believe it would quickly

backfire on the Republican Party, should they give the impression that they only want

“people of faith” who are “fundamentalists” — accepting a certain brand of orthodoxy and

related political agenda.  Moderate believers might head back to the Democrats in droves.

 

I agree with Monica Bay’s stance against web-payola: individual webloggers cannot

retain their reputation for independence if they take anything from vendors in exchange for

coverage of a product.  Like her commentor, Matt McCarrick, The Litigation Support Guy,

I believe there is no blanket answer to the question “are wegloggers journalists?”  Like a

telephone, Xerox copier, or pencil, the technology is used by many different people for

man different reasons.  Nonetheless, you don’t have to be a journalist, nor have any pretense

that you are, to heed Monica’s rule “don’t do it!”   If you want a reputation for objectivity, you

must be staunchly independent.   Disc jockeys weren’t journalists when they created the payola

scandals of the ’50s and ’60s.

 

Many Americans are lazy grasshoppers.  A recent study discussed in yesterday’s New York

Times shows that many of us use cellphones as phone books — never writing down information 

for contacting people in any other place.  (NYT, “Think of a Number … Come On, Think!,”

March 10, 2005)  This means, oh-my-god!, that losing a cellphone becomes a social catastrophe. 

It also means — thanks to speed-dialing — that many of us have not bothered to memorize anyone’s

phone number for a long time.  Since loss of memory comes with my chronic illness and my advancing

age, but can be staved off by exercising my brain’s memory cells, I’m pleased to say that I have not

speed-dialed anyone in at least 8 years.  Like those worker-ants, we techno-retros have our memory

cupboards well-stocked, while the grasshoppers fiddle away their capacity to produce important

numbers as needed.

 

Don’t miss Walter Olson’s coverage of an Illinois lawyer who ended up suing himself.

 

  Martin Grace has an explanatory post on the new Texas Medmal study.  Ted Frank ofers a very   “rx”

different perspective here.

 

  If anyone needs further proof that George Wallace is the king of weblog punditry, please go

here.  Of course, some curmudgeons would say that many of our lawyer-Fool’s headlines deserve

expungement.

Comments Off on jumping to confusions

March 10, 2005

recess bell

Filed under: pre-06-2006 — David Giacalone @ 1:39 pm

icy morning
a small crackling
from the woodstove

 

 

recess bell–
frost on the rungs
of the slide

 

 

Lenten rose
I let loose
his hand

 

 

Alice Frampton 

“icy morning” – The Heron’s Nest (May 2001)

“recess bell” – The Heron’s Nest (Feb. 2002)

“Lenten rose” – Haiku Canada Newsletter

 

• 
  
  by dagosan:  

my childhood barber shop–

nothing’s changed

except the mirror 

                              [March 10, 2005]

potluck

  Nancy at Stark County Law Library pointed to an excellent post at Reid My Blog,

where Reid Trautz explains why a rate calculator is worth the effort for a law firm to create and  

is an “opportunity to capitalize on one of clients’ biggest fears:  uncertainty over legal fees.”  

(see the Fee Calculator at Rosen Divorce in NC; and the 2003 ABA eJournal article on the subject).

 

Prof. Bainbridge doesn’t think that using the “nuclear option” in the Senate will be

enough to prevent the appointment of imperialist judges (or those who become imperialists

due to the D.C. “Greenhouse Effect”).  So, Steve says “Term limits?  Maybe. I’m starting to

think it might not be a bad idea.”  He link to a Cornell Law School  Newsflash about the

proposal by Professors Crampton and Carrington for 18-year term limits, with justices

revolving off the court thereafter to other positions in the judiciary.   Interesting stuff.  [Of

course, I believe that “judicial imperialism” comes from both extremes of the political spectrum.]

 

Chris Bury’s “Closing Thoughts” at Nightline on webloggers, journalists and credibility are 

brief but cogent.

 

There was interesting testimony yesterday in U.S. v. Andrew Capaoccia, from former office

manager Jerry Forkey.

Comments Off on recess bell

March 9, 2005

we shift our feet

Filed under: pre-06-2006 — David Giacalone @ 1:27 pm

winter sun

lifting his round face

to catch it

      

 

waiting in line
for the ballet
we shift our feet

 

 

 

 

tomato blossoms

a breeze lifts the hair

on my arm

 

 

 

W.F. Owen “tomato blossoms” – frogpond: XVII:2;

“waiting in line” – Modern Haiku, XXXII:1 (2001)

“winter sun” Manichi Daily News, March 5, 2005 (No. 669)

 

• 
  
  by dagosan:  

filling the pan

on the radiator —

icicles drip                 

                   [March 9, 2005]

 

 

potluck

 

Tim Chinaris of sunEthics spotlighted a Florida Supreme Court ruling last week holding that 

ADA does not preclude disbarring a lawyer with a serious drug and alcohol addiction.  The

lawyer did not contest the finding of his misconduct, including misappropriation of client funds,

neglect of a client matter, forgery of a judge’s signature on orders, and mortgage fraud. 

According to Chinaris:

The Supreme Court approved the disbarment recommendation, noting that under

the facts of this case any less severe discipline would be “insufficient to fulfill the

threefold purpose of attorney discipline.” . . . (discipline must be fair to society,

fair to respondent, and severe enough to deter others).

The lawyer did not argue that ADA barred discipline, but instead that his mitigating

circumstances deserved more weight, making a five-year suspension more appropriate.

The Florida Bar v. Gross, ___ So.2d ___, 30 Fla.L.Weekly S133 (Fla., Nos. SC01-

1403, etc., 3/3/2005). ethicalEsq discussed disabilities and discipline at length here.

 

 

 

“tinyredcheck”  Thanks to John Steele for pointing to a Reuters Alert that raises whether the Tsunami  

lawsuit shows “the need to curb lawyers” (March 8, 2005).  Prof. Lester Brickman opines that the suit

against atmospheric forecasters, “perfectly illustrates” the need for U.S. laws to hold lawyers

liable for the economic damages they inflict on those they sue.  Walter Olson noted last month

that

Aside from the fact that NOAA owes no duty to vacationing Germans in Thailand,

NOAA did try to notify other countries of the tsunami potential of the earthquake.

If the affected nations failed to act after NOAA’s warning, perhaps some kind of liability does

exist.  Of course, NOAA shouldn’t be a named defendant, and might better be brought in for

discovery.  The Reuters article notes “Victor Schwartz, general counsel to the American Tort

Reform Association, said he doubted the tsunami case would succeed but it would help bring

attention to related legislation aimed at punishing lawyers who bring meritless cases.”

 

 

  Despite our making light of it, Prof. Althouse and others seem to take the issue of

“potty parity” and single-gender rest rooms quite seriously.  See Althouse here and here,

plus links and comments.  Like Ann Althouse, I think single-gender and single-user rest rooms

are best.  [I wonder if George Wallace would have successfully avoided making OutHouse

puns, as I have done so admirably today.]

 

 

  Bruce MacEwen’s Adam Smith, Esq weblog is the newest member of the Law.com network.   

Although I often disagree with what I see at his website (including his broad condemnation of hourly billing

and his divorce of ethics from economics), I find Bruce’s commentary timely and thought-provoking.  One

warning, however, for those who rely on his statistics: announcing his membership in the Law.com line-up,

on Monday, Bruce refers to “The other half-dozen-plus members of the network.”  There are eleven other

members — a full dozen, with Lisa’s Legal Blog Watch.  We may have to check Bruce’s math before we pass

it on or act on it.  [emoticon deleted]  On the other hand, we sure do agree about those ads.  

 

Comments Off on we shift our feet

March 8, 2005

dagosan’s scrapbook — March 2005

Filed under: pre-06-2006 — David Giacalone @ 11:18 pm

 

– below are haiku and senryu written by “dagosan“, this weblog’s Editor, David A. Giacalone. most have been on the Home Page, some are outtakes and rewrites. each is a work in progress. i hope they show improvement over time and encourage others to try writing haiku –

 – click here for dagosan’s archive –

 

 

snowbank

becoming

compost

 

 

                  [March 31, 2005]

 

 

 

 

 

 

 

 

 

 

empty coffee pot

gotta go

gotta go

                  [March 30, 2005]

 

 

 

 

 

one small patch

of muddied snow —

the creek keeps rising

                  [March 29, 2005]

 

 

 

 

 

 

 

 

 

her chocolate breath

mingles with mine —

easter sunset

 

 

 

 

 

hills behind

snow mist —

tailgater in the mirror

 

 

 

 

 

our chilly hug —

ice encircles

the island

 

[March 28, 2005]

 

 

 

more gray heads

at the easter meal —

withered cattails in the yard

 

 

 

 

 

 

 

easter monday:

three baskets

late but full

 

        [March 27, 2005] 

 

 

 

giant chocolate bunny!

solid

or hollow?

 

 

 

 

 

 

 

when we were kids

it smelled bad —

decorating easter eggs

 

 

 

 

                                              [March 26, 2005] 

 

 

podcaste pariah –

can’t hear

the compliments

 

 

 

 

 

 

 

Good Friday

the apostate

sees crosses everywhere

                                              [March 25, 2005]

 

 

 

 

 

 

 

floes jam

below the trestle —

a flood of warnings

 

 

                  [March 24, 2005]

 

 

 

 

 

 

 

 

the duckling

skirts the ice floe —

our river rendezvous

 

 

 

         

mom’s voice long distance    

first thought,

who died?

 

[March 23, 2005]

 

 

 

big thaw overnight –

reflections

on the river

                                   [March 22, 2005]

 

 

 

 

 

 

 

last snowbank —

the soccer ball

re-emerging

                                        [March 21, 2005]

 

 

 

 

 

 

 

 

 

spring arrives —
new snow brightens

old snowbanks

 

        [March 20, 2005]

 

 

 

frozen river–

snow hides

the elm’s reflection

 

             from Manichi Daily News

                  March 5, 2005 (No. 669)

 

 

 

 

I hesitate —

the plumber’s

offered hand

 

                          

 

 

 

new leaves

soon!

savoring the winter view

 

 

 

 

 

 

St. Patrick’s Day —

drawing the

designated-driver straw

 

 

[March 18, 2005]

 

 

 

 

 

Saints Patrick

and Christopher  —

sharing a brew and a ride

 

                         [March 17, 2005]

 

 

 

 

 

 

 

March sunrise —

back pain

interrupts

                              [March 16, 2005]

 

 

 

 

 

 

 

 

 

 

 

first warm day

her pale

gloveless hands                

                       [March 15, 2005]

 

 

 

 

the lawyer

represents himself —

the widow’s raised fist

 

                              March 15, 2005

                              Versaci v. Ritchie

 

 

 

 

 

 

 

 

 

 

 

 

 

 

where the man

fell in yesterday —

more thin ice

 

                              [March 14, 2005]

 

 

 

 

 

 

 

 

they point out

the differences —

meeting twins

[March 13, 2005]

 

 

 

 

 

 

 

 

 

 

 

 

 

mid-March thaw —

et tu,

(snow) buddha?

 

 

 

 

          

 

St. Paddy’s parade —

at the curb

green and yellow snow

                                                       [March 12, 2005]

 

 

 

 

 

 

 

 

 

 

 

new eyeglasses —

a duck,

or a boot, on the ice 

                              [March 11, 2005]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

my childhood barber shop–

only the mirror

is different 

                              [March 10, 2005]

 

 

 

 

 

 

 

 

 

 

filling the pan

on the radiator —

icicles drip                 

                   [March 9, 2005]

 

 

 

 

 

 

 

 

 

 

 

just as slippery

in March —                 

icy roads                 

                         [March 8, 2005]

 

 

 

 

 

 

March snow

wanting more

not wanting more                 

                   [March 7, 2005]

 

 

 

 

 

 

men’s room sink —

avoiding

the mirror 

 

 

 

 

 

“snowflakeSN”

 

 

March —

those big fat

snowflakes

                                [March 6, 2005]

 

 

 

 

 

 

the dog

gets all her kisses —

chilled by a wagging tail 

                                [March 5, 2005]

 

 

 

 

 

 

 

 

saffron flags  

above and below the bridge —

duck feet paddle by

 

 

 

 

 

 

 

 

 

the runner’s vest

blends in  —

through The Gates of central park

 

 

 

               [March 4, 2005]

 

 

 

 

 

setting a timer

to remember

to set the timer

 

 

 

 

 

 

first sunny day

in March —

her first smile this month

                           [March 3, 2005]

 

 

 

 

 

 

 

 

 

 

charming the pretty

bookstore clerk — one more

skill learned too late

 

 

 

 

 

 

 

 

winter wind —

i’m tired,

why aren’t you?

                           [March 3, 2005]

 

 

 

path to the river —

“fresh scent” wafts

from the dryer vent

 

 

 

 

 

 

he calls two inches

eight —

embarrassed weather man

 

                               [March 1, 2005]

 

 

Comments Off on dagosan’s scrapbook — March 2005

blame bar counsel for letting Capoccia harm clients

Filed under: pre-06-2006,Schenectady Synecdoche — David Giacalone @ 4:31 pm

The federal fraud trial against disbarred and disgraced attorney Andrew Capoccia started today,

March 8, 2005,in Brattleboro, VT. (see WNYT.com, Albany, NY, “Capoccia’s federal fraud trial begins: Accused of stealing millions from clients”) Capoccia is charged with massive fraud — for allegedly

cheating his debt-reduction clients of $23 million and then conspiring to hide the booty and his other

assets. His partners have already pled guilty. (Rutland Herald, “Fraud case reveals ‘deal with the devil‘“,

Feb. 10, 2005; Vt. AG press release)

 

update: March 9, 2005: see Albany Times Union, “At trial, lawyer seen as predator or protector“; Bennington Banner, “Sinnott to take stand in former partner’s fraud trial.”

Whatever the outcome of the criminal trial, I believe that the Capoccia Scandal — the enormous harm that lawyers perpetrated on their clients — could have been prevented if bar counsel had done their duty in 1997 and 1998, when Capoccia’s debt-reduction business was launched and spread across New York State. Instead of acting, they found excuse after excuse for not even investigating, leaving many thousands of clients to the wiles of Andrew Capoccia and his law partners.

 

– read the rest of this story here —

 

you look too
robber! dewdrops
in the grass

 

Issa

 

the mountain moon
gives the blossom thief
light

 

Issa

 

 

 

crying its cry
in vain…
the stepchild sparrow

ISSA

all haiku translated by David G. Lanoue

Comments Off on blame bar counsel for letting Capoccia harm clients

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