has announced its 2006 Jefferson Muzzles awards, and one of the biggest
“winners” is the Florida Supreme Court, due to its decision banning
posts] (Charlottesville, VA, Daily Progress, “Center Names Muzzle
Winners,” April 11, 2006)
Only Pres. George W. Bush (for warrantless NSA wiretapping),
The Department of Justice (for its COPA search engine inquiries), and
the Federal Communications Commission (for seeking to restrict cable
and satellite programming deemed “indecent”) came in ahead of the
Pit Bull Court, which placed 4th out of thirteen winners.
The Muzzles are announced each year near Thomas Jefferson’s April
13th birthday anniversary, “as a means to draw national attention to abridg-
ments of free speech and press and, at the same time, foster an apprecia-
tion for those tenets of the First Amendment.” This year, there is a special
podcast of the Awards.
Taking aim at the Florida Supreme Court’s November 17, 2005 decision
in Florida Bar v. John Pape and Marc Chandler, the Muzzles board
noted that lawyers have been granted First Amendment protection for
their advertisements. Nonetheless:
“Florida specifically restricts attorney advertising that is ‘sensational’
and that uses ‘slogans’ even to convey factually accurate appeals to
prospective clients. It was on this basis that the Florida Supreme
Court ruled in November, 2005, that two Fort Lauderdale lawyers,
John Pape and Marc Chandler, must stop airing a TV commercial that
featured a pit bull in a spiked collar and listed the firm’s phone number,
1-800-PIT-BULL. Such an ad, wrote Chief Justice Barbara Pariente,
implied that lawyers would ‘get results through combative and vicious
tactics that will maim, scar or harm the opposing party.’ Given the
inherently vicious nature of the pit bull, added the Florida high court,
if such ads were permitted ‘images of sharks, wolves, crocodiles and
piranhas could follow.’
“PitBullLogo”
In response, The Thomas Jefferson Center concluded:
“Regardless how one feels about the tastefulness of such advertising,
the claim that prospective clients could be misled to their detriment by
the pit bull commercial seems outlandish. None of the recognized
Constitutional exceptions to the status of attorney advertising seem to
apply here. For failing to recognize the First Amendment rights of lawyers
to use unconventional appeals in seeking legal business, the Florida
Supreme Court earns a 2006 Jefferson Muzzle.”
No other courts were on the 2006 Muzzles List. Here are the
13 awardees:
1) President George W. Bush
2) The U.S. Department of Justice
3) FCC Chairman Kevin Martin
4) The Florida Supreme Court
5) New York City Mayor Michael Bloomberg
6) Hecklers of the Ann Coulter Speech at UConn
7) The Yelm (WA) Town Council
8) The U.S. Department of Homeland Security
9) The Command Authority of the U.S. Army Base at
Fort Bragg, NC
10) The School Administrations of Tennessee’s Oak
Ridge High School, Florida’s Wellington High School,
and California’s Troy High School
11) Orange County (FL) School District Superintendent
Ron Blocker
12) William Patterson (NJ) University Administration
13) U.S. Representative Joe Barton
Former awards back through 2000 can be accessed at the Center’s website.
The only other judicial winner came in 2004, when the First Place Muzzle went
to Judge Miriam Goldman Cedarbaum for closing the Martha Stewart trial to the
press.
update (5 PM): Pape & Chandler have updated a webpage describing their
experiences since choosing the Pit Bull logo and becoming targets for the
Florida Bar Association. It has links to many relevant documents, plus a
photo of Siegfried & Roi.
invisible fence
. . .
no sign of the dog
cat’s purr
too loud
for poetry
spring morning
my dog marks
a clump of dandelions
“invisible fence” – The Heron’s Nest (Aug. 2003)
“cat’s purr” & “spring morning” – Upstate Dim Sum (2005/II)
April 10, 2006
Fla. “Pit Bull ” Court gets Jefferson Muzzles Award
Blawg Review #52
Tomorrow, April 11, 2006, is Blawg Review’s first anniversary (see
Blawg Review #1, at The Legal Underground). Congratulations to
the named and nameless ones who have made it possible, and
nurtured BR into an institution that (a) gave this weblog a very nice
(stress-inducing) award, and (b) gave f/k/a the honor of rounding out
the first-year run of the original law[yer] weblog “carnival.” If there are
further horns to be blown about this Blawg Review milestone, we should
let its Editor do it.
digital age —
aging digits
at the keyboard
If you’ve been here often, just skip down to that little picture of
Carolyn Elefant for Blawg Review substance. If you’re new here,
click on the About page to learn how we evolved from ethicalEsq
to f/k/a and came upon “our” [Your Editor and his often unruly alter
egos] three-pronged mission:
(1) Nudge lawyers to put their client’s interests first for real —
(2) Bring the pleasures of real haiku to folk who never knew,
forgot, or just want more.
(3) Allow the clowns, curmudgeons, and other characters inside
the Editor to express themselves, despite thirty years lugging
around a law degree. (for example, see Prof. Yabut’s Favorites)
the accused teen
and his lawyer…
dressed for spring
Barry George, J.D.
![]()
Scrolling down our homepage will give you a good taste of what it’s like
around here (except that the four-part series on Contingency Fees is even
more thoughtful and provocative than usual). This Blawg Review edition
is set up like most of our posts: a lot of white space, a little organization,
some graphic images for contrast, and a bunch of haiku (which relate humans
to nature) and senryu (which focus on human nature), touched off with occasional
insights and/or wise-cracks from the alterred egos. So, don’t expect techno-
Spring arrives —
peeps
melting on the dashboard
Here we go Blawg Review #52:
General Praise: Bob Ambrogi and Carolyn Elefant are doing a great
job with their new assignments at Law.com’s Inside Opinions. They
cull the most interesting-substantive posts from the Law.com stable,
plus other weblogs, giving helpful excerpts, often along with their
own reaction to the issue or news. I wish they would leave posts on
the homepage longer, for those who can’t get back as often as we’d like.
(And, is that Comment function working, or is it just me?) In between
Blawg Reviews, Bob and Carolyn help keep us focused on the best in
lawyer weblogs.
using his nose
the dog searches
the violets
When I grow up, I’d like to have a weblog like the Volokh Conspiracy.
Every single day, you can find interesting, substantive posts on topical
law issues, written by Prof. Eugene and his distinguished cabal. They
don’t just toss out opinions or quips; you get reasoning and even legal
citations. If I could read only one weblog for legal substance, it would
be VC — even though I tend to think of myself as more liberal (and sen-
sitive) than most of the contributors. [my alter egos are aghast at their
Editor gushing; it does not happen often]
“eschewSN” eschew obfuscation
After learning about Georgia’s lewd language law last week,
it was a relief to find out from Prof. V that the DeKalb County
prosecutor realized the statute had been declared unconstitu-
whose bumper sticker read “I’m Tired Of All The BUSHit.”
General Prays: More weighty, is Eugene Volokh’s discussion of the
March 14, 2006 Resolution by the San Francisco Board of Supervisors,
which urges “Cardinal William Levada, in his capacity has head of the
Congregation for the Doctrine of the Faith at the Vatican, to withdraw his
discriminatory and defamatory directive that Catholic Charities of the
Archdiocese of San Francisco stop placing children in need of adoption
with homosexual households.” Thomas More Law Center has filed a
lawsuit, on behalf of Catholics in S.F., seeking to strike down the Reso-
lution under the First Amendment, as an attack on a particular religion
or religious belief. (also, see Religion Clause & Mirror of Justice) This
raises important and difficult legal and political issues. While others have
merely stated the claims on both sides, Prof. V. explains both why he
believes the Resolution is constitutionally permissible and why he none-
theless finds it troubling.
“tracyMarchInherit”
What would Henry Drummond or
Matthew Harrison Brady say?
Grace Plays: Speaking of Catholics, RiskProf Martin Grace wonders
Do Catholics Get a Better Deal on Life Insurance? Having recently covered other
insurance risk classification issues, Martin uses his customary humor to explore
the ramifications of a new study showing “a positive relationship between regular
church attendance and life span.” Naturally, he weighs the opportunity costs of
Church attendance and exercising to increase life span — and combining the two.
[exorcising is not explore, however]
squinting to see him —
another generation
sent to right field
Gosh, Professor: Christine Hurt, at the Conglomerate Law Blog, brought up an
intriguing professor-student issue this week, in On Poaching & Transfer Law Students,
asking:
“Does anyone out there have a policy of not writing letters
of recommendation for students seeking transfers to higher
ranking law schools? I do not, but I have heard strong argu-
ments from people I admire that they have begun refusing
writing these letters of recommendation.”
The Comments, from professors and students, are quite varied.
William Henderson of Indiana Law does some major axe grinding,
and is quite willing to keep law students right where they are, in
order to stop those evil Top 15 law schools from poaching.
![]()
What would Charles W. Kingsfield say?
Good Point/ Good Pointer: A number of webloggers pointed us to articles
or studies of interest this past week.
Solo Cheerleader-in-chief Carolyn Elefant reminds readers in the post
“The Solo Majority“ that “a majority of firms in the U.S. are solo and small
practices, a whopping 89 percent in fact.” Carolyn points to the article
Small Shops Do the Heavy Lifting (NYLJ, April 6, 2006), by Lovely Dhillon
who explains why “Solo and small-firm practitioners, who comprise so
much of our legal profession and perform so much of the legal work for
people in every nook and cranny of America, deserve to be adequately
trained, supported and mentored.”
Evan Schaeffer’s Illinois Trial Practice Weblog summarizes
and points to “Video Can Be Risky Business“– an article at Law Technology
News, by James McKenna and Jo Haraf. Brandon Bass offers a calming
Comment. What would Vincent Gambini say?
and Ted Frank points to a guest post at Legal Underground that clearly rankled
him. The anonymous young writer was complaining about people who
complain about lawyers. Ted replied (sounding a lot like ethicalEsq —
“I’ve long said that attorneys upset that their profession is held
up to ridicule would have much less of a problem if attorneys were
more concerned about the behavior that led to the ridicule than about
the ridicule itself.”
There are scores of Comments at the Legal Underground
post. Not much fun, though.
Responding to student requests, Prof. Steve Bainbridge has listed
with the idea of putting class learning about corporate law and
governance into a real-world context.
HR Lawyers’ Blogger Chris Mckinney points to an npr story on the “Importance of
. . . . Slowing Down.” The “rest step” practice of a professional mountain climber
has a haiku-vian feel to it.
school photo
the frown my sister
grew into
Roberta Beary, Esq.
penumbra 2004 haiku contest, hon. men
[More] Good Posts:
“superManBeanball”
via The Comic Treadmill.
Using his head at Declarations & Exclusions, George Wallace fills us in
on three Appellate cases from California that deal with assumption of risk
in sports activities. “espn meets courtTV” discusses the Avila intentional
beanball case, plus a ski hydrant decision and a personal trainer suit.
In Katrina Revisited, Robert Ambrogi reminds us of the importance of disaster
planning, with a pointer to Steve Terrell’s Hoosier Lawyer, which focuses on the recent
mess in Indianapolis, and another to both a special issue of Law Technology News,
on Katrina’s impact, and to this week’s Coast to Coast, podcast, which focuses on
New Orleans’ legal community.
the city recovers
restaurant
by restaurant
blown away by the hurricane
every stripper
I knew
![]()
Michael Harris at George’s Employment Blawg has put together the latest in a series of
Forget the Search Engine Optimization strategies of the big law firms, Michael has made
their website the search engine favorite for anyone interested in “OFCCP Definition Internet
Applicant.”
My only plea to George and Michael: “Help the ignorant
who aren’t familiar with your acronyms.” Clicking on 5 posts
did not reveal the meaning of “OFCCP,” so I finally Googled
it. (For the similarly clueless: it’s The Department of Labor’s
Employment Standards Administration’s Office of Federal
Contract Compliance Programs.
“spiltwine”
one glass of wine –
Google keeps asking
“Did you mean _____?”
It’s great seeing the wonderful placement weblogs can
achieve in search engine results. Our Inadvertent Searchee
pages are filled with amazing examples of 1st place results
for f/k/a — from weblog culture>, lawyer value billing>, and
tax-whiner> and boomers blind date>.
blossoms
past their peak –
boomers’ first date
Thompson of Cyberlaw Central voices his hope that the important
Net Neutrality issue can be resolved based on a discussion of its merits,
rather than stereotyping it as a “Republicans versus Democrats” fight.
Kevin gives a quick description of the actors and issues. [the skeptics
here at f/k/a haven’t seen any reasons yet to think that Kevin’s noble
wish will come true]
Up to PAR is the weblog of the Project for Attorney Retention, in Washington, D.C.
On March 31, Cynthia Calvert posted “New Partner Classes: Good News and Bad News.”
The Project has been taking a close look at whether firms are actually retaining and
advancing women lawyers. They see mixed evidence this year. Firms say they are
trying to retain and advance women, but are they really doing it? Evidence from the
number of women promoted to partner this year is mixed. The latest report states
“If the women aren’t staying at the firms long enough to make partner, the
issue isn’t the pipeline but rather the culture at the law firms. “
[The f/k/a gang continues to believe that women refusing to stay in large law firms
may be a sign of their wisdom and advanced priorities. And see Prof. B.]
“witherspoonAsWoods” What would Elle Woods say”
fallen blossoms —
soon
just another tree
mom’s arthritis
acting up again–
I take two Advil
dagosan – Roadrunner Haiku Journal (V:4, Nov. 2005)
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In “Burn in the U.S.A, “Norm Pattis of Crime & Federalism gives us a criminal
defense lawyer’s perspective on the death penalty — seen through the smokey
glass of the Zacarias Moussaoui case. As usual, Norm has a unique way of
looking at issues he cares about greatly.
What would Arthur Kirkland say?![]()
first murder trial–
the D.A. arrives
in new gloves
his quiet funeral—
a man who did
most of the talking
Barry George, J.D.
Two thoughtful posts dealt with a topic frequently discussed at this weblog —
alternatives to the billable hour. Of course, we’re a little bit skeptical that changing
the pricing format will make much difference without changing the profit goals of
law firms and their lawyers. [see, e.g., the value-billing babysitter (March 23, 2006)
and chronomentrophobia (Jan. 7, 2005)] But, I digress.
Greatest American Lawyer, who always takes a balanced approach to the subject, wrote
“Is It The Hourly Bill Or The Lack Of Budget Which Is Most Harmful To The Client Relation-
ship?” GAL tells us how his firm handles billing various matters and explains why he’s
come to believe that maximum bugets on projects may be the solution to the hourly
billing crisis.
Meanwhile, Dan Hull at What About Clients? writes about Exemplar Law Partners,
the fixed-price-only Boston law firm. The post Catching Up With Exemplar Law:
“No Hourly Bills, No Hourly Bull,” is quite up-beat, and starts up a lively debate
in the Comments section on the viability of a fixed-price model in a world where
good talent is very expensive (and not much interested in taking risks or less
income).
her eyes narrow,
seeing for the first time
my little house
Before we go, here are a few pointers from the f/k/a Gang. Prof Yabut
is always complaining about being stuck here in Schenectady, NY. He found the
series this week from Scotland and Wales by J. Craig Williams to be a great
change of pace. We all learned some interesting history, too.
the train picks up speed
in a paper coffee cup
concentric waves
haikuEsq is usually reluctant to delve into poetry that has more than three
to five lines. However, he recommends the humorous, PG-13-rated, “constitutional
law” poetry of the anonymous Canadian law student who haunts the Lawyerlike weblog.
The Annual Joel Bakan Constitutional Poetry Contest is the inspiration.
Your humble editor thinks Are Law Firms Manageable? at David Maister’s Passion
deserves the attention of many of the folk reading this weblog. Some of you might also
want to check out the Whisper weblog’s discussion of the difference between branding
and advertising. [Then, check out our rather jaundiced perspective on law firm branding
in Brand LEX — just how is the client better-served?]
up late update (3PM): Just got back to my keyboard after my
first “all nighter” in a very long time. A few things are clear, now
that I’ve had my first mug of coffee of the day:
(1) Ben Cowgill’s soloblawg did finally go public very
early this morning (it hadn’t the last time I looked). Ben’s
reputation for putting together excellent content and
resources, bodes well for this new venture, which will
provide information of interest to solo and small firms,
and “focus to a large degree on legal technology and
the Internet-leveraged practice of law.” Best wishes
to Ben on this newest venture (and thanks for your
kind words about this edition of Blawg Review).
(2) I forgot to mention my hope that 3L Epiphany will
reconsider the decision to leave “inactive” weblogs out
of its very helpful legal weblog taxonomy. With the internet
being as close to eternal as things get on this planet, even
“inactive” sites can be the source of useful information and
historical perspective. Sure, indicate that a weblog has been
“inactive since ______”, but don’t leave sites like BeldarBlog
or The Curmudgeonly Clerk out of the main categories of
the Taxonomy.
(3) You should see “Court TV’s 15 Most Memorable Movie Lawyers“
and our related post.
(4) BWD: Blogging While Drowsy leads to many infractions, inclu-
ding my omitting a pointer to Dennis Kennedy’s April 4th post on
associates’ salaries and the Wired GC’s hyphenated word “price-
fixing.” [Related post: check out the results to Adam Smith, Esq‘s
poll “Are Associate Salaries Justified?] Although I wish Dennis
had not added “I’m just raising the question to see what people
think, not necesarily as a reflection of my own opinion,” I am
pleased to see him point out examples of recent “ratcheting up
of the ‘protections’ of the legal profession from within” — leading to
[and, sorry Carolyn, but I refuse to use the newest cliche “money
quote”] the question:
“Is the legal profession begging for outside (governmental)
investigation, intervention and antitrust regulation?”
the son who
argues everything
I study his face in a puddle
Sadly, we think, in a nation with such a fragmented system of attorney
regulation (and with so much politcal influence held by the legal profes-
sion over many of the consumer advocates most likely to otherwise lead
a charge), outside intervention — such as that recently begun in UK –
seems highly unlikely.
me in one hand
a belt in the other
dads sings a lullaby
“PriceReducedN”
(5) If this old trustbuster had been more awake, he would have pointed
his arthritic digits at Dan Crane’s Antitrust and Presidential Politics post
at Antitrust Review. Dan points out that one Italian candidate for Prime
Minister, Romano Prodi (an economics professor, I believe), has made
antitrust law a major campaign issue. Dan then goes on to show how
little antitrust comes up in the public discourse of American presidents.
“dgITsm” Let me take this opportunity to point out yet again
for Mr. Berlusconi and is alleged to have “received a personal
payment of more than $300,000 for his part in having the so-called
Mammi Law enacted favoring Berlusoni’s media empire. (The Nation,
“Emperor of the Air,” Nov. 11, 1999) [even The Nation misspells our
name!] Berlusconi’s Giacalone has a website, policamente scorretto,
which means “politically incorrect” in Italian.
On the other hand, Berlusconi’s Giacalone has been known to
insist that, back in 1971, he was not this David Giacalone.
one button undone
in the clerk’s blouse I let her
steal my change
sunrise
I forget my side
of the argument
stepping on
sidewalk ants the boy
everyone bullies
George Swede – Almost Unseen (Brooks Books, 2000)
“TaxDayN”
Next week’s Host will be tax professor Jim Maule of Mauled Again. Jim has taken
a good look at the issue Is It Time to License Tax Return Preparers?, setting out many
of the pluses and minuses of regulating these service providers.
old dog and master
jostling
for the tiny spot of shade
storm alert
every kind of cloud
in one sky
white to pink–
who painted the clouds while
we shopped for wine?
his death notice . . .
the get-well card
still in my briefcase
baby-boomer
all-nighter —
not the fun kind
April 9, 2006
host/schmost
In about ten hours, this website will be hosting Blawg Review #52.
Like any good procrastinator-Host, I’ve been finding lots of ancillary
things to do before preparing the appetizers and entree (or even
doing the grocery shopping) for the expected crowd of visitors tomor-
row. Spring cleaning has meant clearing out a few weblog cobwebs
and stuffing some items into closets and under rugs. (even re-did the
introduction to f/k/a on the About page)
the mirror
wiped clean
for a guest
from Quiet Enough
![]()
Naturally, I’ve had no time for Sunday punditry (nor checking out
collected links regarding Avila v. Citrus Community College
District, the “intentional beanball” decision, which fans, players,
and parents should all find quite interesting. The Supreme Court
of California (S119575) held:
“For better or worse, being intentionally thrown at is a
fundamental part and inherent risk of the sport of baseball.
It is not the function of tort law to police such conduct.”
I’m afraid they’d come to the same conclusion if I sued the anony-
mous Blawg Review Editor for the headache this little project is giving
me. So, I shall make the best of it. Maybe baseball haiku will soothe
my migraine (or yours).
proud host
his orchard bursting
with fireflies
from Some of the Silence
Enjoy this lovely April day of rest. Here are a few poems
relating to Palm Sunday (If doing Blawg Review is an accep-
table reason for missing Church, it may be worth it afterall.):
Saturday night
a priest crosses the road
with an armful of palms
Palm Sunday
following the plow
to church
“Saturday Night” – Some of the Silence (Red Moon Press,1999):
“Palm Sunday” – Quiet Enough, Red Moon Press, 2004
the boys giggle
when the priest say “ass” —
Palm Sunday
April 8, 2006
“staffordfshire terrier” lawyers scolded by Florida Bar
Florida Bar Association President Alan B. Bookman, whose “primary clients are real estate developers, bankers, and investors,” became chief mouthpiece yesterday for the State’s legal and judicial Dignity Police. Bookman administered the Florida Bar’s official reprimand to Ft. Lauderdale motorcycle-accident lawyers John Pape and Marc Chandler. (Florida Sun-Sentinel, “Lawyers Chastised for Pit Bull Ads, April 7, 2006; Law.com, ‘Pit Bull’ Lawyers Reprimanded by Fla. Bar, April 10, 2006);
AKC: American Staffordshire Terrier a/k/a: American Pit Bull Terrier [UKC]
Ten days after the U.S. Supreme Court’s decision (see our prior post) not to review the disciplinary matter of Florida Bar v. Pape & Chandler, Bookman read a three-page admonishment to John and Marc, before all 52 members of FBA’s Board of Governors, and additional witnesses. Like the Florida Supreme Court, Bookman accused the lawyers of demeaning the legal profession, and utilizing misleading, manipulative, and objectively irrelevant advertising techniques, by having the image of an American Staffordshire Terrier — a/k/a pitbull — in its ads and on its masthead, and by using the phone number (800) PIT-BULL. Sun-Sentinel reporter Robert Nolin says that Pape & Chandler used a “fierce-looking pit bull in a spiked collar.” He quotes Bookman (emphasis added):
“The advertising devices would suggest to many persons not only that you can achieve results but also that you engage in a combative style of advocacy,” Bookman chastised. “Permitting this type of advertisement would make a mockery of our dedication to promoting public trust and confidence in our system of justice.”
Please click this link for the actual banned banner masterhead, which contains the “demeaning,” “misleading,” “vicious” pit bull image condemned by the Florida legal establishment, including its Supreme Court. The pitbull image appeared as P&C’s ampersand, and in the tv ads, too.
The P&C pitbull image doesn’t look fierce or vicious to us. Perhaps, it was the motorcycle-riding, suitless lawyers who the Florida Bar really thought looked overly-combative and “demeaning.” Click for the larger, full-color tv image.
Now, compare it to the masthead of one of Florida (and America’s) most famous and successful personal injury lawyers, Robert M. Montgomery, JR (who was lead counsel for Florida in its 13.5 billion dollar settlement with Big Tobacco):
We’re not sure whether we’d say Bob Montgomery’s lion “suggests combativeness,” but we will point out that his website opens with the lion’s head and the words:
“we pride ourselves on being fierce trial attorneys.”
Similarly, the f/k/a Gang does not claim to have expertise in comparative animal ferocity (nor dignity), but we feel considerably more menaced by the pair of lions in the Searcy law firm masthead, than by P&C’s terrier. (Are folks in West Palm Beach more or less timid than motor cycle riders?) And, the two panthers prowling the website of Miami’s Panter, Panter & Sampedro, are pretty darn menacing, according to a snap poll at the haikuEsq homestead. You judge:
PANTER PANTER & SAMPREDO
You might want to let Arne C. Vanstrum, Advertising Counsel for The Florida Bar, know your comparative assessments on the dignity+combativeness scale among the various law firms. [email Vanstrum at avanstru@flabar.org] If you’re a member of FBA, you might consider becoming a volunteer for his Dignity Posse. It seems “Statewide advertising grievance committee needs new members,” (Florida Bar News, April 1, 2006) According to Law.com, you’ll help decide whether Hispanic lawyers can call themselves “doctors of law,” and whether FBA is going to have a presence regulating internet ads. I simply can’t understand why lawyers aren’t just lining up to do the work of the FBA Advertising Grievance Committee.
Staffordshire Bull Terrier: Temperament From the past history of the Staffordshire Bull Terrier, the modern dog draws its character of indomitable courage, high intelligence, and tenacity. This, coupled with its affection for its friends, and children in particular, its off-duty quietness and trustworthy stability, makes it a foremost all-purpose dog. [per American Kennel Club]
Meanwhile, if you’re a consumer wondering just what the Florida Bar has done for you lately, click here. (Daily Business Review, “About Face,” April 5, 2006). It seems FBA has “derailed a Republican-sponsored bill that would have placed paralegals under the oversight of the state Department of Business and Professional Regulation. State Rep. Juan Zapata, R-Miami, has withdrawn his proposed Paralegal Professional Act, which paralegal groups favored but the Bar strongly opposed.” Apparently, the Bar is against any system that would set up educational or experience criteria before lawyers can call a staffer a “paralegal” and bill for his or her services.
lightning flash–
only the dog’s face
is innocent………………………………. by Kobayashi Issa, translated by David G. Lanoue
Oh, yes, definitely time for a haiku break with randy brooks:
black panties–
she lifts one leg,
then an eyebrow
neon light flickers
on a crumpled beer can —
yellow jacket at the hole
circle in the dirt . . .
shadow of a thundercloud
stops the shooter
he opens his cupped palm . . .
a small tadpole with
a little wiggle left
door left open
there he goes
with his knife
show me yours.
you first.
barn roof creaks
……. by Randy Brooks – from School’s Out (Press Here, 1999)
April 7, 2006
wind-shaped trees
I’ve got to run, but you can take a stroll in the woods
with paul m:
wind-shaped trees
a young hawk
measures the sky
a lark’s song
the thinning creek
above the falls
morning chill
trout fingerlings
in the shallows
paul m – finding the way (Press Here, 2002)
contingency fees: ethical duties
This post is part four of a 4-part essay. It has been moved to contingency fees (part 4 of 4): ethical duties (April 7, 2006). Don’t miss the rest of this series:
- contingency fees (part 1 of 4): market failure April 2, 2006
- contingency fees (part 2 of 4): risk matters April 3, 2006
- contingency fees(part 3 of 4): do “standard” fees still exist? April 5, 2006
April 6, 2006
haiku — you collect, no contingency
At f/k/a, you get all the haiku you deserve —
Every visit is free. No contingencies. No fine print.
Here’s your reward today from andrew riutta:
“snowflakeSN”
darkening more
and more in morning light,
one crow
snow melt . . .
her only footprint
touches the earth
holding her umbilical cord
at the middle . . .
each end already taken
“darkening more” & “snow melt” – Acorn 2005
“umbilical cord” – Presence 2005
Not enough? Try a few Tanka by Andrew, from
Simply Haiku (Spring 2006) Click for more.
days
become months
become years . . .
in moonlight
my beer stays cold
drunks stumble in and out of her
like cartoon characters—
wet with fallen leaves
this dark road home
peeking into
this wormhole in my apple
I see a poet
thirty years from now
still dressed like a plumber
at my age
falling in love
with the person
she thought I was—
autumn graveyard
“snowflakeSN”
yesterday
I bought myself a new hat
with ear flaps . . .
today, myriad thoughts
muffle the falling snow
one lone cricket
louder than all the others—
not one of us
has ever found the words
to comfort the living
April 5, 2006
lyles to the rescue
Woe is me. I spent a sunny, brisk Spring day, at my
laptop writing about contingency fees. Even if you had
more fun than that, you get to enjoy five poems from
Peggy Willis Lyles, along with the (re)tired haikuEsq.
watermark
the way the master’s brush
strokes the wings
dawn light
on white camelias
the fever breaks
attic sun
from Grandmother’s gown
a grain of rice
a backhoe
stalled in goldenrod–
low sun
the net
into deep water
clearing sky
“attic sun,” “dawn” & “watermark” – To Hear the Rain (2002)
“a backhoe” & “the net” – Roadrunner Haiku Journal (VI:1, Feb. 2006)
April 4, 2006
our baseball (haiku) team undefeated
The Major League Baseball 2006 season opened yesterday (April 3),as many readers surely know. No matter how enthusiastic or indiffer-ent you (or we) may be about MLB, we hope you’ll agree that f/k/a‘sBaseball Haiku Page still inspires and delights both young and old.G.W.Bush
Charles Dharapak/APThe Detroit Tigers, Ed Markowski‘s homeboys, won their opener,but the lifelong fan in Ed is not yet ordering World Series Tickets.Like last year, Ed continues to be inspired by baseball, when heswitches to his haijin hat.
snowflakes tumble & curvethe baseball seasonbeginstoday“snowflakeSN”“snowflakeSN”April snowthe home team falls7 games backApril chillthe hitter blowson his batting glove“InfielderF” You’ll find about 20 ed markowski baseball poemson the Baseball Haiku page. Here are a few samples fromthree other Honored Guest Poets:nearly dark–
snow deepens
on the baseball field
Billie Wilson – “nearly dark” – Acorn 15 (2005)
sting
of the old man’s
fastball
my so-called friends
send in my sister
to pinch-hit for meJohn Stevenson – “extra innings” – Quiet Enough
two outs in the ninth–
the reliever bangs the ball
against his cupbehind barbed wire
the banter of baseball
in two languages“potluck”You may recall that Joel Schoenmeyer of Death & Taxes and
I had a debate last month on making probate court more user-friendlyfor pro so litigants. See probate and pro se: whose court is it? Ona related front, the legal reform group HALT announced yesterday, inits April 3, 2006 e-Journal that the Consumer Federation of Americahas endorsed the following proposal:Enhancements to Probate Web Sites
CFA urges states to improve the content and user-friendliness of their probate court Web sites. Consumersshould be able to go online and easily find plain-languageinformation and forms for settling a small estate.[thanks to Prof. Gerry Beyer of the WT&EProfBlog forlinking to this post and covering the topic of probate websites.]“spiltwine” You might want to ponder, along with Tom Wark of theFermentation Daily Wine Blog, “Why Are Drinkers Smarter?” (tipfrom A Fool in the Forest and his Blawg Review 51 Prequel) Plus,see Tom’s blurb — Divorce and Wine — pointing to Jeff Lalloway‘sCalifornia family law weblog and its discussion of taxes, wine & divorce.this body of minepart templepart tavernthe old priest dineshis winejust wine“this body” – Dewdrop World (2005)“old priest ” – the thin curve:; Modern Haiku XXX: 1Some poor soul Googled how to get out of the legal profession>
yesterday (and again today). Out of 152 million results, the first twoare from us. You could do a lot worse than reading them thisgray (and even snowy) afternoon, if you need inspiration or betterpriorities:Law As Daily Passion, Not Default Profession (quotes from NewJersey Appellate Judge Jose L. Fuentes) andis Canada’s legal profession different? (probably not)“snowflakeSN”
April 3, 2006
contingency fees: risk matters
Many members of the personal injury bar argue that you have to be
a tort-reformin’, insurer-lovin’, consumer-hatin,’ ethics whore — or
a dupe of the above — to assert that contigency fees should relate
to the risk being taken by the lawyer in a particular case. I don’t
know if the tort lawyers really believe their own propaganda, but
they do profess this belief, while reminding the world that they “earn”
their above-hourly-fee premimum precisely because they are taking
the huge risk of working hard, and fronting litigation expenses, without
being compensated at all, or enough.
The main components of the risk are, of course, how
likely the client is to succeed with the claim, how much
is likely to be awarded and collected, and how much work
and resources the law firm is likely to put into the case. The
risk is lower, and the fee should therefore be lower, when
the case is likely to be a winner with a big jackpot, and when
relatively fewer hours and dollars will be expended to win.
“slicingThePieF”
When legal ethics experts espouse the link between the reasonable-
ness of a contingency fee and the perceived risk at the time the fee
arrangement is being entered, they are called captives of evil forces or
simply insensitive simpletons who will destroy the American justice
system and deprive the injured Little Guy of competent legal counsel
(see, for example, this Jan. 2004 article from the Miami Herald, and this
press release by Public Citizen, for sample p/i rhetoric).
The p/i bar points to the ubiquitous use of what appears to be — but
they no longer acknowldge to be — a standard percentage rate in most
jurisdictions, and the lack of disciplinary action against such fees. That
is supposed to settle the debate.
Well, before I give up, I thought I would point out again just who — besides
people like Lester Brickman, Derek Bok, Howard Phillips, and myself, plus
lots of state and federal judges — is on record saying that risk is central
in evaluating the reasonableness of a contingency fee.
In case you have a short attention span or are in a hurry, I’ll start with my
Big Gun: The American Trial Lawyers Association. . . . .
. . . . please click to read the rest of this post,
which is part II of a four-part series, that includes:
Part I: contingency fees: market failure April 3, 2006
Part III: contingency fees: do “standard” fees still exist? April 5, 2006
Part IV: contingency fees: ethical duties April 7, 2006
more honorary haijin gumbahs
Talk about too much punditry and not enough poetry!
Sunday was a poetic loss for me.
Before I crawl toward my bed this night, I’m going to make
up for it with haiku and senryu from my semi-paisano in
Michigan, Ed Markowski, and my Rt. 9 Haiku gumbah-neighbors,
Hilary Tann and Tom Clausen. As I explained late Saturday night,
concerning the original honorary pair, not all of my “gumbahs” are
Italo-American.
hilary tann
some branches
remained bowed
this spring
March wind —
more garbage
in the trees
the path of a canoe in parted duckweed
river mist
shadows of the geese
I hear
snowmelt
my dog’s nose
to the ground
spring morning
we argue about crab apple
and cherry blossoms
within the red wine
a nap in my chair
spring wind –
the kid in the neighborhood
has a new whistle
steady rain
a pickle
in the parking lot
Discovery channel —
an older male vanquished
heads for the hills
in the middle
of some construction
a lilac blooms
just arrived —
their dog sniffs
our tires
every
* other
* pales
*in
*its
*wake
*falling
*
*
*
*
*
*star
“ThreeQuarterMoon”
afternoon nap
i fall asleep
in a dream
organic grocery
the question in her eyes
when i ask for Tang
spring fever?
i’ve had it
for 36 long years
ed markowski (2006)
Speaking of poets and honorary gumbas, George M. Wallace has
been very busy the past few days, preparing both a [shudder] April
Fool’s Blawg Review Prequel (at his award-winning Fool in the Forest
weblog) and the actual Blawg Review #51 (at his “serious” Declarations
& Exclusions insurance law site). Apparently, lawyers can choose between
beer-bellies and six-packs, wineskins and lambskins in their pursuit of personal
and professional fulfillment. From the tenor of some of the links presented, dollar
signs seem to be getting in the way of either form of satisfaction.
update (11 AM): I just realized it is Armenian Appreciation Day
(according to this list, at least). Best wishes to my favorite Armen-
ian-American and bocce teammate, Leta Hunter of Scotia, New York.
You might want to mark your calendars for one
of more of the following “special” remembrance or
celebration days:
5- National Mule Day
7- National No Housework Day
9- National Chicken Little Awareness Day
12- Vote Lawyers Out of Office Day
13- Blame Somebody Else Day
14- Moment of Laughter Day
15- Type 3 Product Day [??]
17- National Blah Blah Blah Day
“multo bene”![]()
April 2, 2006
contingency fees: market failure
Ted Frank of Overlawyered and Point of Law usually approaches contingency fee
issues a bit differently than I do. He is far more steeped in economics than I, and
he brings the perspective of a “tort reformer.” As ethicalEsq said in July 2003,
tort reform is a matter of political and social policy, not legal ethics, and it is not
my fight. My perspective — by temperament, and after a dozen years practicing
antitrust law at the FTC — is that of a consumer and competition advocate. I want
legal clients to receive the benefits of both professional responsibility rules (with
related fiducial rights) and competition, and I believe that a well-informed client can
protect his or her interests far better than one treated like a mushroom (viz., kept
in the dark and covered with manure).
ATLA: at leastbar association
Personal injury lawyers, however, seem to get just as upset with me as they do with
tort reformers, even though I have never advocated limiting the right to sue (except when
a claim is truly frivolous — that is, without a colorable basis in fact or law), nor capping
the amount paid out in damages. However, although I want clients to get all that they
deserve, that means having their lawyers take only the fees that they deserve. That’s
what has gotten me in hot water with the personal injury bar from the very first time I
questioned whether application of a “standard” or customary contingency fee to virtually
every client is ethical — before I had ever heard of a tort reform movement.
What does this have to do with the title of today’s post? Well, this week, Ted Frank
wrote at Overlawyered (“Search Engine Index,” March 27, 2006) about the interesting
(but not surprising) fact that:
“Six of the eight most expensive Google AdSense search terms are for
attorneys . . . with “mesothelioma lawyers” topping the charts.” [per
In addition, at Inside Opinions, Robert Ambrogi pointed to Ted and pointed out that:
Other chart-topping search terms include “tax attorney,” “car accident lawyer” and
“auto accident attorney.”
Ted concluded that the lawyers were willing to pay very high click-through rates
for AdSense “because there is a lot of easy profit to be made.” He then asks:
“The interesting question is what market failure has occurred such that
this gigantic profit is not being competed away by, say, offering clients
a smaller attorneys’ fee. This is surplus that should be going to clients,
not to Google.”
“googleSign”
That’s where the tort-reforming economist in Ted starts sounding an awful lot
like the ethicist-trustbustin’ consumer advocate in me.. . .
. . . . please click to read the rest of this post,
which is part I of a four-part series, that includes:
contingency fees: risk matters April 3, 2006
contingency fees: do “standard” fees still exist? April 5, 2006
contingency fees: ethical duties April 7, 2006
.
honorary gumbahs: yu and john
Not all of my “gumbahs” are Italo-American. Over dim sum, carrot cake,
haiku, and lawn bocce, John Stevenson and Yu Chang have become, in
the words of The American Heritage Dictionary:
Goombah: n. Slang. A companion or associate, especially an
older friend who acts as a patron, protector, or adviser.
[Think of “older” as in “wiser,” “more mature.”]
Let me tell you, these gumbahs can write haiku and senryu!
yu chang
sunrise
the new guppy
fans its tail
mountain trail
my heart beat
louder than I remember
mountain pass
sun
on every windshield
waiting for you
another pair of headlights
through the fog
circuits lab
his mistake
in the air
evening silence
cat food for the stray
untouched
drainage ditch
first frog
of spring
Yu Chang from Upstate Dim Sum (2003/I)
except: “drainage ditch” – (2003/II)
![]()
his spotless
new office
my dermatologist
home
and homesick
all-night diner
satellite image
of my childhood home
. . . the woods
Monday morning
putting the point
on a pencil
![]()
a touching movie
the ushers wait
for us to leave
kayak
to the point
a bent reed
dinner for one
a view
of the ocean
Darn, I forgot all about Spring Break and swimsuits, when I
ate that entire bag of Hershey’s Dark Chocolate Kisses at 3 AM
last night. Good thing the NYT reminded me to start dieting again.
“Before Spring Break, The Anorexic Challenge, April 2, 2006; via
Althouse).
Please: Spare me from power-hungry political webloggers and from
liberal Democrats who think we can win elections by becoming ideological
all fools day
my daughter gets in first
with a pinch and punch
matt morden – morden haiku
Gumbah-haijin Matt Morden linked yesterday to a piece discussing
the origins of April Fool’s Day – All Fools Day.
Only Pres. George W. Bush (for warrantless NSA wiretapping),






Grace Plays: Speaking of Catholics,
Evan Schaeffer’s 






Before we go, here are a few pointers from the f/k/a Gang. Prof Yabut



The P&C pitbull image doesn’t look fierce or vicious to us. Perhaps, it was the motorcycle-riding, suitless lawyers who the Florida Bar really thought looked overly-combative and “demeaning.” Click for the larger,





This post is part four of a 4-part essay. It has been moved to 

G.W.Bush
“snowflakeSN”




You might want to mark your calendars for one
bar association

