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

June 28, 2005

listening to the music in me

Filed under: pre-06-2006 — David Giacalone @ 6:58 pm

I had hoped to post my Music Baton by now, but other things keep

interfering.  I’ve also been trying to articulate why I listen to so much

less music now than I did in the first 50 years of my life.   It may indeed

be the influence of haiku — the desire to focus on one thing at a time,

to be receptive to enjoying and appreciating the small moments of life,

and (please excuse the Kiki Dee reference, Evan), to listen to the

music in me, rather than someone else’s recorded music. 



juke box neg   John Stevenson and Peggy Lyles would understand (and

say it better):





his power out,

my son calls to talk about

nothing special





morning sun enters

   the sleeper’s










border of sleep

   the sound of nearby breathing

   . . . mine






a deep gorge . . .

   some of the silence

      is me




the mime

in our mittens











before there is any

tune in my head






“his power out,” & “dawn” –  Upstate Dim Sum (2005/I)

“applauding the mime” – Quiet Enough (Red Moon Press, 2004)

“morning sun enters” & “some of the silence” & “border of sleep” – Some of the Silence (1999)





New Year’s Eve —

the harpist’s hands

still the strings



distant jazz

a calla lily

catches the rain



“distant jazz” – To Hear the Rain (Brooks Books, 2002)

“New Year’s Eve –” – Upstate Dim Sum (Special Guest, 2005/I)




  • by dagosan                                               


for a wedding ring —

seeing she has one




sticky, hot and hungry:

five politicians

at my front door


[June 28, 2005]



balloons small  HAPPY 5th BIRTHDAY to James Arthur Giacalone (DOB June 28, 2000)!!


tiny check  Eugene Volokh sparked an interesting conversation yesterday by

asking about “Terms That Have Become Unmoored from Their Etymology in

Our Memory.”   (e.g.,  “dialing a phone number”without a rotary dial,  or using

“cc” when not sending a carbon copy).  


A couple of the Commentors — and I really do appreciate the      music staff

civility and focus shown by his readers in their comments — suggested that

the term “album” no longer makes sense, now that we have music coming

out on CDs.   I disagree.  We need a word to designate a collection of songs

released together as a unit under a particular title.   The collective noun used

should not depend on the medium used for recording the songs — which is

and will be ever-changing.  Thus, you are buying a particular Beatles “album” on

vinyl, or cassette, or CD, or DVD, or in some MP3 format.   And my Emmylou

Harris album “Luxury Liner” did not stop being an album when I recorded it

on a tape cassette from vinyl in 1976, nor when I recorded it onto a cassette

from the newly-released CD format in 2004. 

  • juke box The relevant Quick Definition of “album” at the OneLook Dictionary is:   

    “one or more recordings issued together; originally released on 12-inch

    phonograph records (usually with attractive record covers) and later

    on cassette audio tape and compact disc.”

  • Online Etymology Dictionary states that albums used to be used to hold

    autographs of celebrated people; that the term “photographic album” was

    first seen in 1859, and meaning “long-playing gramophone record” is from

    1957, because the sleeves they came in resembled large albums.   

PPE  While thinking about the Music Baton, I recalled the very first song from

the radio that I really, really, really liked.  I was 8 years old, in 1958, when Sheb Wooley’s

Purple People Eater” was the #1 song for six weeks.  You can read the lyrics, hear Sheb

perform and see the PPE by clicking the link.

when outsourcing, just pass on the cost

Filed under: pre-06-2006 — David Giacalone @ 3:18 pm

Carolyn Elefant of MyShingle has asked “Is There An Ethical Obligation to

Pass On Cost Savings from Outsourcing?”  After checking my own viscera,

and confirming them with Model Rule 1.5, and Comments thereto, and with the

Statement of Principles [in Billing for Services and Disbursements] of The Task

Force on Lawyer Business Ethics (ABA, 1996) (excerpts via, I’ve


Every arrangement for fees related to legal services and  

disbursements must be premised on “at the least, a fully

informed client.” Statement of Principles


A law firm that plans to outsource a client’s legal services

must fully disclose the arrangement to the client, and must

receive the client’s agreement. (see Model Rule 1.5(e) re

division of fees; Principles on Staffing)


“complaint Bill”  “It is the obligation of the lawyer and law firm to

assure that the client fully understands and agrees to the basis for

billing for disbursements and other charges.”  This includes

“whether overhead other than direct charges paid to the

vendor are included.”   Principles on Disbursements/Costs.


A lawyer shall not make an agreement for, charge, or collect . . .

an unreasonable amount for expenses” (Rule 1.5 (a)), but may

only charge “a reasonable amount to which the client has agreed

in advance or . . . an amount that reasonably reflects the cost

incurred by the lawyer.” (Comment [1] to Rule 1.5)

A law firm wouldn’t charge a client a “profit margin” above the fee of an expert

consultant or witness, and therefore should not do so with fees for outsourced

legal services.  If it chooses, it might allocate reasonable overhead for arranging

the outsourcing (which is a “cost” to the firm), but it is difficult to imagine that this

amount is anything but de minimis. (I presume that attorney time spent within the

firm reviewing the work-product from out-of-firm sources will be billed to the client

or has otherwise been factored into the fees be charged.) 


Therefore, I agree with George Washington University law professor Thomas  complaint billFN

Morgan, who is quoted recently saying that ethics rules require law firms to pass on to

clients cost savings from outsourcing.  (see Made in India By Daniel Brook, Legal

Affairs (May/June 2005).  Unless Lisa Solomon is equating a “reasonable measure

of profit” with “properly allocated overhead,” I disagree with the promotional materials

written by Lisa, where she says that an “attorney may charge the client a premium or

reasonable measure of profit in excess of the research and writing provider’s cost to

the attorney, as long as the total charges to the client are reasonable.” 

  • You can find relevant excerpts from the ethics materials cited in

    this post, here


city life–
even melting snow
costs money

spring rain–
hitting the windows
that cost me so much


saved from the fire
a nest in its beak…
the crow moves on

ISSA  translated by David G. Lanoue      



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