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

May 9, 2005

born there, darn that

Filed under: pre-06-2006 — David Giacalone @ 8:13 pm

I hope your Mother’s Day was as sunny, warm and fuzzy as mine, which

included a rare joint appearance in the city of my birth, by all three of

Mama G‘s offspring, and half of her grandchildren.  


mother dog
testing the depth…
snow-melt river


    translated by D. G. Lanoue


napper gray sm To my amazement, I spent an entire weekend without thinking or talking 

about anti-consumer bar association chicanery — until I noticed a tiny blurb in

the Rochester, NY, paper this morning.  It said the Monroe County Bar Ass’n

was releasing new “advertising guidelines” today that would help maintain the

image of the profession, and would also start a campaign to educate the public

on how to choose a lawyer.   My trustbuster genes were immediately activated,

but I had to ignore than until returning home this afternoon.  I have now located

(May 9, 2005).  (see the NYS Code of Lawyer Ethics, DR 2-101).


My rusty-but-trusty antitrust opinion:  MCBA, which is a voluntary bar group,  

whose conduct is considered to be “joint” or “concerted” activity under antitrust

law, is running the risk of violating those laws with subjective and overly-restrictive

guidelines, especially by linking them to a compliance-and-monitoring system. . . .


— read the rest of the lawyer ad story here


at bat neg   As usual, my trip to Rochester has inspired me to find a few good haiku

by Tom Painting (an amazingly easy task)) So, here we go:


drama class

the novice

botches a death scene



the gardener’s sleeves

rolled to the elbow

spring equinox




dry heat

a hawk corkscrews

the sky


credits: “gardener’s sleeves”: frogpond  XXIV:2;

“dry heat” from  from Walking the Same Path; Heron’s Nest VI:4

“drama class” – frogpond XVII:3 (2004)


from  dagosan

Saturday sunset

four geese fly by


               [May 9, 2005]



tiny check  Brad Wendel at Legal Ethics Forum asked today whether there are any  donkey

good hooks for seeking bar discipline when a lawyer acts like a jerk in public, outside

of the practice of law.  The story started at Eric Muller’s website Is that Legal? 

and revolves around a silly, insulting comment sent by lawyer David L. Gearhart,

J.D., CPA, MBA, who is a member of the Illinois and Indiana bars, and a 2001

graduate of John Marshall Law School.  [Brian Leiter first suggested referring

Gearhart to the Illinois Grievance Committe.] As I commented at LSF, this seems to

be an instance where e-shaming — letting the world discover David Gearhart’s

conduct through Google, Yahoo! et al — is both sufficient and appropriate.

  • One thing I will say for Gearhart:  he at least was willing to put his

    name to his email statement — that’s a couple steps up the maturity and

    evolutionary ladder from the lawyer (and law student) worms who

    slur and insult others anonymously.

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