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

Last May, we challenged estate lawyers to help create or improve

their States’ online probate websites.  Like the legal reform group

HALT, we believe that Americans needing to probate an estate

should be able find resources online that will allow them to complete

the probate process without a lawyer (or, to come to the well-informed

conclusion that a particular case is too complicated and requires the

use of a lawyer).

.

[Note: HALT has taken some of this information down from its website.]

In its National Probate Web Site Survey, HALT found last year that

Vermont probate courts offers the best self-help website, and that only

three other states  (Maryland, New Hampshire, Connecticut) and the

District of Columbia also provide useful information. See “States Provide Few Probate Resources Online“.

.

f/k/a endorsed HALT’s statement that:

“Probate is not the complex, intimidating process many

people believe it to be. For years HALT has encouraged

states to simplify their probate process- especially for small

estate administration. Simplifying procedures and providing

assistance to non-lawyers would make probate more ‘user-

friendly’ and help more people avoid unnecessary legal costs.

We applaud Vermont’s steps in this direction and urge all

states to follow its lead.”

We still agree with HALT, but are not surprised that estate lawyers

might have a different opinion (e.g., weblogger Joel A. Schoenmeyer‘s

belief that “not hiring an attorney is usually a bad idea”).  What is

surprising, however, is learning from Wills, Trusts & Estates Prof Blog

and Joel’s Death & Taxes that courts in Texas, Illinois and Florida

are requiring that applicants hire lawyers in order to probate a will

(unless the applicant is the sole beneficiary).

Professor Gerry W. Beyer at WTE-ProfBlog, first brought this to the

attention of the weblog world on Feb. 16, 2006, after receiving a heads-

up from Prof. Michael Hatfield. (see Court Mandates Use of Attorney,

and the follow–up post).  At WTE-Prof Blog, Prof. Hatfield has also

done an excellent job outlining the statutory and constitutional reasons

“Why An Attorney Cannot be Required to Probate a Will.”  Death & Texas

has also weighed in, saying the same is very likely to be true in Illinois.

Prof. Hatfield and Lawyer Schoenmeyer have a very good point that

pro se parties can make probate court messy.  As Hatfield puts it:

“The judge can hold a pro se litigant to the same standards

of practice (100+ cases to that effect) but cannot require her

to hire a lawyer.  I don’t blame the probate court judges:  I

wouldn’t want to hand-hold pro se litigants either.   But the

judge’s remedy is to rule against them when they make mistakes,

not deny them access to the judicial system because they find

them annoying.  This is not mythical Judge Roy Bean libertarian

Texas justice; quite its opposite.”

The f/k/a Gang thinks we need a much more positive approach to the

pro se applicant in probate court (or any court).  In Feb. 2004, we quoted

a New Hampshire report on pro se litigants (“Challenge to Justice,” Jan.

2004, pdf) that has the correct attitude.  The Report ackowledges that

“They come into their court, on their own, with a conflict or change in

their lives, and they expect a resolution. That is their constitutional right,”

and that:

“All of the suggestions within this report however, are grounded

on the single principle that meaningful access to justice in today’s

world means a clear recognition by those involved in the system

that many of our constituents want to go it alone when they come

to court. Our obligation is to give these citizens the help they

want, need and deserve.

That brings us back to our opening above, and our 05/05/05 post.

The public in every State, is entitled to user-friendly information that allows

an individual access to probate justice without a lawyer.  With such infor-

mation, many individuals will surely choose to hire a lawyer, but those who

do not do not become second-class citizens and supplicants, and they

surely are not lepers who need to be barred from court.

Vermont’s probate website scored the highest in HALT’s survey,

because: 

“consumers can find a wealth of information about probate,

including a step-by-step guide to administering and settling an

estate, links to local probate courts, links to necessary forms

and instructions for using them, and a complete explanation

of Vermont’s special rules for expedited small estate adminis-

tration.”

With that model, bar associations, state court administrations, law

schools, and other members of the legal community can and must

create similar services in every state. Once, a quality website and/or

at-court assistance program is provided, the “problems” faced by

probate judges in dealing with pro se parties will be greatly reduced.

Probate judges and clerks will be able to point to such resources

and insist that pro se litigants make use of them.   But, they will not

be able to bar the courthouse doors to the people who own the courts.

her estate

dividing

the children

after his death

the width of our

favorite path

spring cleaning
leaving the rosin
on papa’s fiddle

.

W.F. Owen –

“her estate” – The Loose Thread; Modern Haiku XXXII:1;

“after his death” – Selected Poems of W.F. Owen

“spring cleaning” tiny words (March 15, 2004)

HALT has compiled a Best Practices summary which highlights specific actions

state court administrators can take to improve the content and user-friendliness

of their web sites.

Click here for the Best Practices.

Click here for the Survey’s Grading Criteria.

Click for local probate court Contact Information

Click to learn about small estate non-probate procedures

update (March 14, 2006): Joel Schoenmeyer is not exactly convinced

that lawyerless probate is a good idea.  You’ve got to shoot your way

past an army of strawmen (and worse-case-scenarios) to read the entire

post.  Click for his Thoughts.

follow-up (March 15, 2006):  I have a bit more time to respond today to Joel’s

post.  He says HALT is inconsistent in saying both: “Probate is not complex”

and “For years HALT has encouraged states to simplify their probate process.”

HALT would have been more precise had they said:

“Probate does not need to be a complex and intimidating

process — certainly not in most cases. . . . . “

Joel also faults HALT for giving Connecticut a good score, despite its

probate system having a bad reputation.  HALT was not surveying or

scoring the entire system, only the quality of each state’s website as a

source of information about the probate process.

Using the guild member’s “we’re here for your protection” argument, estate Lawyer

Schoenmeyer then seems to suggest that no estate lawyer has ever swindled a client.

(but see) He also asserts that probate reformers know “the price of everything and the

value of nothing,” and would not be “willing to pay more in taxes to get the things they

want?”   Of course, one does not have to know the value of everything to know that

the price of a particular service is often simply too high.   And, as for the tradeoffs, most

consumer advocates that I know would gladly pay more taxes to improve the court system

(even though we’re usually not anywhere near as wealthy as those trying to hold on to their

privileged position). That is especially true when the improved system may, over time, require

fewer resources, and the users of the system will often be able to avoid significant legal fees.

update (March 16, 2006):  At Death & Taxes, Joel Schoenmeyer posted on this topic again

yesterday with “Pro Se Probate: Some Final Thoughts” (March 15, 2006).  Since he has

previously stated that applicants should have the right to appear pro se, he doesn’t think

he has to answer the question whether they should also have the right to be provided with

user-friendly court websites that adequately assist them in that process.  He does suggest

that pro se wannabees head over to their county’s law library.   The post also lumps all

“probate reformers” together, so that he doesn’t have to deal with HALT’s proposals.  Of

course, you should read the entire post.  Here is part of a reply Comment that I posted

there this morning:

Comment

Joel, the Illinois probate court system (like most across the country) treats

pro se applicants as lepers or nuisances. It woefully fails to meet the standards

outlined by HALT in its Best Practices Guide for Probate Court Websites.

HALT is well aware that many states have their probate services provided at

county or circuit court levels. That is why it provides a page with links to state

and local courts.

Using local administrative units in no way prevents the central court administra-

tion for each state (perhaps with the help of the local estate bar?) from developing

materials thatcan be used at the local level (pehaps achieving a useful uniformity).

Of course, local courts and bar associations might also decide to take the lead,

creating resources that could become the model throughout the state.

Attempting to lump HALT in with less responsible or capable “reformers” is sort of

silly. HALT has existed since 1978, and has over 50,000 dues-paying members,

along with a staff of attorneys and paralegals who believe “that all Americans should

be able tohandle their legal affairs simply, affordably and equitably.” It does much more

than probate-related issues. Its many “Reform Projects challenge the legal establish-

ment to improve access and reduce costs in our civil justice system at both the state

and federal levels.”

My original post on probate was headlined “Whose Court is It?” My answer is that

probate, like all courts, belongs to The People, not The Lawyers or The Judges.

flag on the coffin . . .

her gloves off to hold

the child’s hand tight

estate auction–

can’t get my hand back out

of the cookie jar

Randy Brooks

from School’s Out (Press Here, 1999)

“complaint BillN”

 

Maybe I should reconsider yesterday’s assertion that I do not tend

to be envious.   Only a small amendment is needed, though. 

 

You see, the Merriam-Webster Online Dictionary defines envy as: 

“painful or resentful awareness of an advantage enjoyed by

another joined with a desire to possess the same advantage.” 

Similarly, the OneLook Dictionary‘s “Quick definition” of envy includes:

“a feeling of grudging admiration and desire to have something possessed

by another.” 

 

From the perspective of those two definitions, I must confess that (1) I have

lately “envied” people with good memories; and (2) for quite awhile, I have

been painfully aware that the children of my friends Bert and Esther Foer 

are a few decades (or maybe a lifetime or two) ahead of me in the “achieve-

ment” department.  

early Alzheimer’s

she says she’ll have . . .

the usual

 

  John Stevenson

   from Quiet Enough

 

 

These factors came together today, when I saw the Washington Post

article:  “D.C. Writer Gives Unforgettable Performance: USA Memory

Championship Winner Entered Contest as Research for Book.” March

13, 2006.  It seems that, without really trying much, 23-three-year-old

Joshua Foer won the U.S. Memory Championship, on Saturday in NYC.

I’m pleased for him, of course, and pleased to see, that this has not gone

to Josh’s head:

“Although Foer set a national record for memorizing a shuffled

deck of cards — one minute and 40 seconds — the world record,

he said, is 30 seconds.  “I can’t even turn over the cards in 30

seconds,” he said.”

Yes, there is a touch of envy in my heart right now.  As his father has

already pointed out, however, it will now be much more difficult for Josh

to give excuses about having forgetten tasks he should be performing as the

webmaster and Chief Information Officer of the American Antitrust Institute.

 

If I could remember a few, I might tell you the embarrassing memory lapses

I had over this past weekend.  As I’m fairly sure I’ve said before: peridementia

is not a pretty thing.

 

                                                                                                             “everythingMovie”

  Bert and Esther’s other children are New Republic editor and

author Franklin Foer and wunderkind novelist Jonathan Safran Foer,

both of whom have been discussed in prior posts at this website.

Bert is founding president of the American Antitrust Institute. Esther

is the good-looking, brainy and talented parent.  

late night —

a waitress repeats

the list of pies 

 

  John Stevenson 

   The Heron’s Nest (March 2006)

 

 

 

widower –

who will finish

his sentences?

   

   dagosan

    (with a nod to Tom Painting)

 

 

 

can’t remember

the pretty one’s name –

tip of my tongue

 

   dagosan

    

  Happily, I have not forgotten how much

I like the one-breath poetry of John Stevenson: 

 

 

 

after midnight

getting some of my thoughts

into the lifeboats

 

 

 

 

 

midwinter

hoping the symptoms

will pass

 

 

 

 

 

 

jury room –

multiple errors

in a discarded crossword

 

 

 

 

eightieth birthday

still playing

the numbers

 

 

 

John Stevenson 

Upstate Dim Sum (2005/II)

 

                                                                      deadly sins: envy  

 

The Washington Post has a major article today about the 200+ area

schools that did not meet the No Child Left Behind standards this

year. WaPo asks principals Why Is Your School On This List?,

March 12, 2006). As an important public service, there is a sidebar

piece entitled “No Reader Left Behind: A Guide to the Law,” by Jay

Matthews. Since I learned a lot (and have already forgotten a lot) from

the column, I’m posting a link here for my future reference, and for the

edification of other readers and lawyers who have no idea of the intri-

cacies of this legislation (and the resultant regulations, state-by-state)

According to Matthews, the three key letters in any

dicussion of NCLB are AYP: adequate yearly progress.

 

 

Envy has never been part of my personal make-up (I don’t think). So, the

many achievements of my many talented friends do not evoke the green-

eye monster in me. Nonetheless, occasionally, I see what Larry Rohter

gets to do for a living, and wish I had headed for journalism school instead

of law school, after we left Georgetown in 1971. See, e.g., New York Times,

“Chile Inaugurates First Woman to Serve as Its President, March 12, 2006.

On the other hand, I hate work-related travel, and am functionally mono-lingual.

 

Catholic Bishops are apparently easing the consciences of a lot of the

faithful this week, so that St. Patrick’s revelers can have guiltless corned beef on

Friday, March 17, despite it being Lent. My local Sunday paper (The [Schen-

ectady, NY] Gazette, March 12, 2006, $ub. only) has one theologist, Tom

Dickens at Siena College, explaining:

“More theologically, Catholics believe God is not legalistic.

God does not insist on strict obervance of rules strictly for

the sake of observing rules. The point of fasting and doing

without is to make room in our hearts for the love of God and

the love of neighbor.”

 

Note, though, that not all bishops are being so flexible. According to The

Saginaw [MI] News, March 11, 2006:

“No such luck, however, in Brownsville, Texas. Bishop Raymundo

Pena, who heads the diocese, which is 85 percent Hispanic, is

sticking with the penitence.

 

“In Portland, Maine, Bishop Richard J. Malone, has given the OK

but is requiring parishioners to fast the Wednesday prior to the

holiday if they consume meat, says diocese spokeswoman Sue

Bernard, director of communications.”

As an ex-Catholic and born skeptic, I really don’t believe that a large per-

centage of American Catholics would have skipped their corned beef, if

the local bishop failed to offer his [not, or her] dispensation. I’m also a

little bemused by the statement from Siena’s Dickens. After noting that

abstaining from meat should be seen by Catholics as serving a larger

end, Dickens says:

“It ought not be onerous; it should be a joy to fulfill.”

In my experience, watching some very serious Catholics close-up,

abstaining from meat on certain prescribed days has very often been

done with much joy — resulting in some of the most savory fish, sea

food and vegan meals I have ever shared.

Back to envy. If I ever were to get caught up

in the cardinal sin of envy, it would probably happen after

seeing that Andrew Riutta can achieve so much haiku

excellence on just one page of Simply Haiku:

 

 

 

a soldier’s burial—
the first leaves to fall
still green

the slow ferment
of a darker beer—
summer solstice

countless stars—
my daughter paints herself
alone

infinite stars—
a brown toad rests
at the doorstep

fall colors—
the distant asylum
black and white

andrew riutta

Simply Haiku 3:4 (Winter 2005)

“blackboard ABCN”

 

potluck update (March 12, 2006): Three days after the “best

day” yet in his professional career (dismissal of charges against

teen Rachel Waterman for the murder of her mother), Alaska

Public Defender and AlaskaBlawger Steven Wells has announced

that he will soon be leaving the Office of Public Advocate, where

he handles defense of the most serious crimes across the State,

in order to enter private solo practice.  In “I’ve Got to Be Moving On,”

March 11, 2006, Steve writes why three years is about right to stay

in a particular position that “will ultimately burn out whoever has it,” and

outlines his other goals. 

 

though I’m loving
these travels of mine…
it’s cold!

  Issa

    translated by David G. Lanoue

 

Steve plans to keep writing his weblog, knowing he might just have more

time to do so as he nutures his private practice.  I hope he’ll write about

what this kind of turnover means for the proper defense of indigent defen-

dants. (thanks to Blawg Review “Ed” for the pointer).

 

I’ve never been to Alaska.  The next best thing for me is

thinking about Billie Wilson as she experiences the

coming of Spring in Juneau.

 

evening calm–

a kayak glides the moonpath

to midlake

 

 

 

huddled sparrows–

the spring green

of winter wheat

 

 

 

 

 

 

lonely today—

I search the hollow

for first violets

 

 

 

 

 

breathing space—

the deepening pink

of alpenglow

 

 

 

 

 

evening calm–

a kayak glides the moonpath

to midlake

 

mud-spattered pickup-
four dogs watch
the tavern door 

 

 

Billie Wilson

“evening calm” – Hermitage Vol. 1 (2004)

huddled sparrows –” – Shinzounokodou 1 (2004)

“lonely today” – Modern Haiku 35:1 (2004)

“breathing space –” The Haiku Society of America Newsletter XIX:1 (2004)

“mud-spattered pickup”-  The Heron’s Nest (February 2001)

 

It’s not Sweeps Week, but I thought I’d send

you off on your weekend with three poems by

george swede from Taboo Haiku:

 

“tabooHaikuCover”

 

After the abortion       she weeds the garden

 

 

 

Clothesline

the widow’s black lace panties

covered with frost

 

 

 

 

 

Warm breeze

the colt’s erection nuzzles

a daisy

 

George Swede 

from Taboo Haiku: An International Selection (Richard

Krawiec, ed., Avisson Press, Greensboro, 2005)

 

See our prior post for more information on

Taboo Haiku.

 

 

and a bonus from George:

 

Alone again

under the stars

the village drunk

 

      Frogpond  XXIX: 1 (Winter 2006)

 

                                                                     “cloHangerN”

 

This is one of those days when being a non-employed person is a plus.

My energy level and attention span are both de minimis.  If I were still

practicing law, I’d have to be one of those non-hourly billers.

 

Since I’m just an old weblogger, I can get away without doing any heavy-

lifting – a lightweight story and some tiny poems, to match my level of

productivity.

  Speaking of heavy-lifting: three different companies

have left large phone books on my stoop in the past two weeks

(Verizon, TransWestern, and TalkingPhoneBook).  They all

purport to cover the New York Capital Region (Albany, Schen-

ectady, Troy, Saratoga Springs). I see piles of each of them

everywhere.  What a waste of paper, advertising expenses, etc. 

I’m glad I don’t pay by the pound for my trash removal.

 

                                                                               

 

Naturally, personal injury law firms are all over the covers and

pull-outs for each book.  That’s fine, they have the right to ad-

vertise and to be tacky.  However, I can’t help but think that

those full-page ads are cost-effective for them, but not for other 

types of lawyers, because p/i lawyers are taking far too much

money from many of their clients.  The standard contingency

fee cheats lots of clients. (There, I’ve said it again.)

 

In light of our recent discussion of “the” Heavy Hitter lawyer from

Nevada, I was curious to see a fullpage ad (in the telephone book

that arrived today) by a fellow in Albany, NY, who’s tagline is:

                                                                       “A” Real Plumber

                                                                                          detail

                                                                                            TheTalkingPhoneBook/AlbanyNY

 

I don’t think there is a Plumber Advertising Commission that banned

the term “The Real Plumber.”  So, I figured this was just another

telephone book editing error.  Just to make sure, though, I went to the

website of Winston J. LaPierre, Master Plumber.  To my surprise, he

really did want to say “A” Real Plumber, as his trucks have those

words painted in large red letters, over white.  See photo.

 

  My preference, as his marketing advisor, would be

A “Real” Plumber.   But, this is the “real” haiku

advocacy website.

Thinking Plumber LaPierre might be trying to get to the front of the

alphabet with this tagline, I flipped through all three of my new phone

books.  In each, however, AAA Marc’s Plumbing and A A Sewer &

Drain snuck in ahead of LaPierre’s A Real Plumber. 

 

 

That notion led me to wonder whether we have any AAA or AA lawyers

in our region.  As a matter of fact, we do: AA Stephen Commins, on

Wolf Rd. in the Albany suburb of Colonie, NY, is the first listing in all

three yellow pages under lawyers. [he has no website, but see his on-

line directory listing here for an example.]  As a Scrabble player, I know

that “aa” is a word (meaning “rough lava”). To make sure “AA” isn’t act-

ually Commins’ given name, I went to the NYS Attorney Registration page. 

To my surprise, there was no result for either “AA Stephen Commins”

or “Stephen Commins.”  I’ll try his office tomorrow to see if Mr. Com-

mins goes by another name.

  I wonder how many A’s you’d have to put in front of

your name in the phone book before the Nevada

Attorney Advertising Commission claimed the con-

sumer is being misled. 

                                                                                                       

                

You’re going to have to take my word that I had a lot more topics

as interesting as the one above, that I had hoped to share with

you today.  However, I have run out of steam. 

 

“tinyredcheck”  Luckily, haijin Ed Markowski never runs out of poetic

inspiration – especially when it comes to round balls 

(and food) (and romance).  Here are a few from Ed for

a March evening:

 

 

 

long rebound

crossing mid-court

she crosses my mind

 

 

 

 

 

 

Indiana farm

one tractor

three hoops

 

 

 

 

 

calligraphy class

the point guard

pens a nike swoosh

 

 

 

 

 

 

        rained out

                the ticket scalper

                    panhandles for bus fare

 

 

 

 

 

 

 

 

new neighborhood

   i strike out another

      invisible man

 

 

 

 

 

 

 

 

rain delay

the length of the lines

at the stadium restrooms

 

 

 

 

late innings

the shortstop backpedals

into fireflies

 

 

 

 

 

distant thunder

the home run hitter

drops a bunt

 

 

 

  “red hots!”

for an instant i’m ten

           and

  father’s still alive

 

 

 Ed Markowski

  “distant thunder”   – from games (pawEprint 78, Nov. 2004)

 

                                                                                                                                            

 

West Virginia law professor Jim Elkins has done it

again — produced a mammoth collection of poetry by

lawyer-poets and poet-lawyers, in an edition of The

Legal Studies Forum (Vol. XXX, 2006). (see this post, and that post)

 

LSF XXX Cover (2006)

 

Vol. XXX (which should not be confused with Taboo Haiku)

contains more than 700 pages, 500 of which present

poetry from more than sixty living poets, who happen to

have earned law degrees: from New Hampshire public

defender Seth Abramson to Illinois appellate judge Warren

Wolfson. Click here for an image of the cover that lists all

of the contributors.

 

I’ll have more to say about the legal mind and poetry

soon. Until then, you might want to see what Jim

Elkins has said about the topic and about his labor

of obsessive love, Rattle #23 “In Search of the Lawyer

Poets,” 2005. A newer version of the Rattle essay

appears in LSF XXX.

Hint: Find subscription information

for the Legal Studies Forum here. Don’t

forget: it looks like a law review journal

on your desk or book shelf.

For my taste, of course, there are not enough haiku

poets represented, so I hope f/k/a visitors who are in the

legal profession will take up their pens and start writing

haiku or senryu (click for tips). Meanwhile, here are haiku

from LSF XXX, by two of my favorite poet-lawyers:

 

 

 

harvest moon

the long pull

of faraway children

 

 

 

 

 

 

quiet rain

. . . the deeper quiet

of uncut roses

 

 

 

 

 

my daughter’s hands

mend the link

on my earring

the latest skill

I never taught her

 

roberta beary – Legal Studies Forum XXX (2006)

“harvest moon” – The Heron’s Nest

“quiet rain” – Paperclips (Press Here 2001)

“my daughter’s hands” – Tanka Anthology (2005)

 

falling blossoms —

soon

just another tree

 

 

 

 

Adirondack chair

upholstered

with snow

 

 

 

 

frozen river —

snow hides

the elm’s reflection

 

david giacalone – Legal Studies Forum XXX (2006)

“Adirondack chair” – Simply Haiku (Vol. 3, No. 4, Winter 2005)
“frozen river” – Mainichi Daily News No. 669 (March 5, 2005)
“fallen blossoms” – Roadrunner Haiku Journal (V:4, Nov. 2005)

 

“zenJudaismR” “For this you went to Harvard Law School?”

bonus: a bit of Zen Judaism from David M. Bader

“Let go of pride, ego and opinions. Admit your errors
and forgive those of others. Relinquishment will lead
to calm and healing in your relationships. If that
doesn’t work, try small-claims court.”

Legal Studies Forum XXX (2006);
from Zen Judaism : For You, A Little Enlightenment (2002)

When we featured a few of Bader’s Haikus for Jews
at Passover last year (see “haiku schmaiku“), we had
no idea that he was a graduate of Harvard Law School.
Finding him just a couple pages from dagosan‘s work in
LSF XXX was a pleasant surprise.

According to an article, from 2000, in the Harvard Law
Bulletin , Bader disliked the “boredom and adrenaline”
at his two post-degree law firm jobs. “He has heard vari-
ations on the theme of: ‘For this you went to Harvard Law
School?’ . . . Writing humor books was not what he ex-
pected to do when he enrolled at HLS. But he also didn’t
expect that he would not like his job practicing law. So
he plans to continue writing professionally. Because even
though ‘you can make a bad living out of it,’ he said, ‘the
hours are much better’.”

You can find samples from Zen Judaism at Amazon.com
and at the Random House website, including:

If there is no self, whose arthritis is this?

Bader’s latest best-seller is Haiku U.100 Great Books in 17
Syllables (2005). I hope David wouldn’t mind my saying that
they’re fun and funny, but they ain’t haiku (except perhaps
by accident).

 

The legal reform group HALT has issued its 2006 Lawyer Discipline Report Card,

following up on its original 2002 Report Card. (click for a map linked to state-by-

state results; click for compared rankings)

 

You can go directly to the Report Card for any particular state by replacing

the “XX” in the following URL with the state’s two-letter abbreviation:

 

                                                                                                              

 

http://www.halt.org/reform_projects/lawyer_accountability/report_card_2006/pdf/XX_LDRC_06.pdf

 

 

In its Introduction, HALT explains that the group “produced the 2006 Lawyer

Discipline Report Card to assess whether states have taken any meaningful

action to improve the lawyer discipline system since our last Report Card in

2002.”

“Unfortunately, few states showed any improvement, and many states’

systems actually saw their grades decline!

 

“Consumers today are still not adequately protected by state systems

that investigate only a fraction of cases, almost never impose sanctions,

attempt to intimidate and silence victims, hide misconduct behind a veil

of secrecy, and often take years to process cases,” stated HALT Associ-

ate Counsel Suzanne Blonder. “After years of ignored calls for reform by

our organization, the American Bar Association and ethics scholars around

the country, the situation is not getting any better.”

Summarizing “What’s New Since 2002,” the report notes that there has been little

overall improvement.  Three noteworthy exceptions, however, did shake up the grades.

Pennsylvania‘s disciplinary body, which HALT rated as worst in the nation four years

ago, ascended to fifth in the nation in 2006, and was deemed Most Improved. “While

the system is far from perfect, Pennsylvania’s dedication to reform should be a model

to the rest of the nation,” stated HALT Associate Counsel Suzanne M. Blonder.

  Massachusetts and California ‘s discipline systems

also changed significantly, but they both fell dramatically in

the rankings.

Another important improvement is the increased use and functionality of grievance

system websites:

“While disciplinary bodies are not publicized in court-houses and local media

as much as they were four years ago, their online resources have dramatically

improved since 2002. Today, most disciplinary Web sites offer downloadable

complaint forms, information about upcoming hearings and clear explanations

about the disciplinary process – features that most states lacked four years ago.”

                                                                                                                           

Connecticut ranked #1 and won as the Best Disciplinary Agency in the Nation Overall.

“Although Connecticut does not shine in any one category, the state, as a whole, offers

the most effective system of attorney discipline in the nation. The Statewide Bar Counsel’s

office is investigating more complaints and disciplining more attorneys than most states,

offering more complete information about its disciplinary process than the average jurisdiction,

and processing complaints faster than the vast majority of disciplinary bodies.”

 

 

  Utah had the lowest ranking, coming in 51st with the only F (after a showing

of 19th in 2002).   Next-to-last was North Carolina, with the only D. 

 

Here are some other rankings:

Rounding out the Top Ten:

 

#2 Colorado: “Colorado’s ranking jumped from 13th to 2nd in the nation. The

Office of Attorney Regulation Counsel now processes complaints more promptly

and the system more widely publicizes case outcomes than it did four years ago.”

 

from 3rd to 10th: Arizona, Tennessee, Pennsylvania, Vermont, New Jersey, District

of Columbia, Georgia, Mississippi.  (the top 3 had a grade of B-; the remainder of

the top 10 received C+) 

 

 

 

Ben Cowgill‘s home state, Kentucky, came in 13th.  It’s best grade [C] was for

public participation; its worse [F] was for promptness.

 

Florida – 14th

 

Massachusetts fell from 1st to 17th.  “Four years ago, HALT ranked Massa-

chusetts’ attorney discipline system as best in the nation. Since then, Massa-

chusetts’ system has stopped widely publicizing its system and has been

hamstrung by shameful delays in processing cases.”

The worst discipline systems: 

From 40th to 44th: Oklahoma, Delaware, Iowa, Alaska, South Carolina,

 

                                                                                                    

 

California  At 45th, California’s ranking dropped dramatically — from 12th

in the nation four years ago. “The state’s 2002 grade of C also fell, primarily

because California now only investigates a third of the complaints received.

In addition, the Bar’s automated telephone system has become more confusing,

preventing consumers from obtaining prompt answers to specific questions from

a staff member.”

 

From 46th through 48th: Arkansas, Alabama, Hawaii

 

#49: Montana   “Montana’s disciplinary system has changed less than any disci-

plinary body in the country, holding firm at an abysmal 49th in the nation overall.

The state’s system continues to withhold information and still threatens complain-

ants with criminal contempt charges if they choose to publicly disclose any infor-

mation about a disciplinary matter.”

 

North Carolina – got the only D in garnering its 50th spot. “North Carolina’s Grievance

Committee holds steady as the country’s second-worst attorney discipline system.

The state continues to withhold critical data about its handling of complaints against

lawyers and still fails to make its discipline system known to the public.”

 

Utah – got the only F, and is ranked the lowest, 51st place. “In four

years, Utah’s standing plummeted from 19th in the country to worst

attorney discipline body nationwide. The disciplinary system no longer

releases as much information to the public, utilizes procedures that

are biased in favor of lawyers, fails to mete out sufficient discipline and

lags behind most states in processing complaints”.

 

HALT graded lawyer discipline systems in six categories: Adequacy of Discipline,

Publicity and Responsiveness, Openness, Fairness, Public Participation, and 

Promptness.  Click here for brief summaries of the results in each category. 

 

HALT Executive Director James Turner had this wrap-up of the Lawyer Discipline

situation in 2006:

“American legal consumers deserve a system that investigates promptly,

deliberates openly, and weeds out unethical or incompetent attorneys,”

stated Turner. “Until there is meaningful reform, the legal profession has

only itself to blame for the widespread public mistrust that mars every

attorney’s reputation.”

 

p.s. The f/k/a Gang has written plenty about our inadequate system of lawyer

discipline.  See, e.g., Sustained Objection, David Giacalone, Sunday Gazette

(Schenectady, NY), June 22, 2003; and this page of the ethicalEsq archives.

 

afterthought (March 10, 2006): There’s a thoughtful post at Ben Cowgill on

Legal Ethics titled “Turnover Contunues at Office of Bar Counsel,” March

9, 2006), on the obligation of mandatory bar associations (and, we add, all 

bar counsel) to give attorney discipline top priority — which includes budgets

adequate to hire and keep excellent staff counsel.

 

                                                                                                                  

 

 

 

her leg

swinging, swinging:

the test still incomplete

 

 

   Randy Brooks

    from School’s Out (1999)  

 

 

spelling test

the teacher’s

squeaky shoes

 

  Barry George

  A New Resonance 2; Frogpond XXIII:3

 

september morning

none of the students

has failed

 

John Stevenson   

 Upstate Dim Sum (2003/II)

 

 

 

For the reasons given here (scroll down to Link Love?), I have never

had a “blogroll.”  Nevertheless, tonight I did place a link in the f/k/a 

Sidebar to the myHq law weblog page, which originated with the un-

identified Editor of Blawg Review, and is being maintained by said Ed.

and BR‘s associate editor-elves. 

 

 

“SantaListF”

Nice List: The myHq aggregation of law-oriented weblogs is

comprehensive, presented in alphabeticized columns, on one

page, and divided into useful categories: e.g., Lawyers, Law

Students, Law Professors, Judges, Law Libarians, Humor,

and more.   I plan to use it to quickly find weblogs I don’t

have bookmarked on my computer, and to browse for sites

that may offer needed information or diversion, as appropriate.

 

The myHq compilation will be even more useful, if the list of web-

logs is broken into subject-matter categories.  Any such list

should, I think, be separate from the current list (perhaps further

down the page), so the current, broader designations can be kept.

  If you have a weblog, and your status

changes from student to lawyer, or professor to

public intellectual and rock star, you should do

everyone a favor and let Ed and the guys know.

                                                                       

first tree buds
the list of baby names
not chosen 

 

   W.F. Owen 

    tiny words (March 10, 2004)

 

Naughty: I do want to clear up one thing, however.  Editor “Ed”     “devil G”

is better at some things (e.g., picking award winners) than others (i.e.,

characterizing my positions).   In the post announcing the myHq page,

Ed correctly referred to me as their “favorite curmudgeon,” but he

incorrectly states that

“David Giacalone thinks lawyers, law professors, and

law students have better things to do with their time than

everyone creating and maintaining similar blogrolls on their

law blogs.” (emphasis added; but see update below)

As editor of f/k/a. and in real life, I do have a lot of opinions.  How-

ever, I do not take it upon myself to tell other adults how they

should spend their time (at least, not outside a small circle of

supervisees, family, and friends).  That is especially true after my

being mightily annoyed, when others told me a couple months ago

not to waste my time fighting the use and spread of the word “blawg.”

 

samurai–
even the nightingale
gives orders

      Issa

After describing Sean Sirrine’s campaign to increase blogrolls, in

my post “too much to read, to much to write,” I stated my opinion,

starting with the words: “Sorry, it’s not for me” and gave my

reasons.  It is not my intention to tell anyone how to spend their

time and energies.

 

update (March 8, 2006):  Mr. “Ed.” has graciously made corrections

to the original post at Blawg Review announcing his myHq project:

. . . our favorite curmudgeon David Giacalone thinks lawyers,

law professors, and law students have he has better things

to do with their his time than everyone creating and main-

taining similar blogrolls on their law blogs.

 

 

 

the samurai is ordered
to shoo the flies…
Sir Horse

 

     Kobayashi Issa

        translated by David G. Lanoue

                                                         

  Ed should add the brand-new tonight, totally-

redesigned Kansas Family & Divorce Lawyer Weblog

to the myHq family.  It’s published by Grant Griffiths

of Home Office Lawyer.  As I had my family law and

divorce mediation practice located in my home for

several years in the early 90’s, I particularly hope

Grant’s projects are successful.

                                                                                       “SantaList”

 

 

Legal Undergrounder Evan Schaeffer focused on one of

my greatest language grievances yesterday, at his Illinois

Trial Practice Weblog: the excessive use of pronouns, 

the resulting confusion and lack of clarity. (“When Taking

Depositions or Making Oral Arguments, Beware Pronoun Soup,”

March 6, 2006).  Evan stresses how pronoun prolixity can

foil comprehension, confound judges, and prevent the effec-

tive use of depositions for impeaching witnesses.

 

We all love quoting our Contracts professors, and Evan

tells us that his would often turn red in the face and

sputter: 

“questionDudeS”   “They! Who’s they? He? Who’s he?

Quit using pronouns!”

The f/k/a Gang thinks pronouns used promiscuously are a

bane outside the legal context as well.  Perhaps your Editor

is simply working with too few pronoun-oriented synapses

this decade, but it seems to me that, more and more often,

I need to interrupt a conversation and ask for directions back

to the person being denoted by a pronoun.  Even if doing so

makes people say, “stop being such a lawyer,” I plan to

fight for fewer pronouns and clearer communication.

 

they say

he’s married to her –

we wonder to whom

 

                    dagosan

 

   High school language-arts teacher Tom Painting

certainly knows how to keep his pronouns under control

 

 

graveside

the mourners stand

in a wintry mix

 

 

 

 

deep winter

I search the lease

for a loophole

 

 

solstice
after a long walk
I shake off the snow

 

 

Tom Painting 

“graveside” – frogpond (XXIX: 1, Winter 2006) 

“deep winter” –  loose change: HSA Members’ Anthology 2005

“solstice” – from his haiku chapbook piano practice 

 

 

   Who’s on 1st?  I bet Tom’s thoughts are turning to

baseball these days.  Here are some of his poems on the topic:

 

 

 

moths circle

the stadium lights

seventh inning stretch

 

 

 

 

all day rain

on the playing field

a stray dog

 

 

 

 

 

 

 

the toddler

runs to third base

first

 

 

 

 

 

 

 

 

 

bases loaded

a full moon clears

the right field fence

 

 

 

 

 

the foul ball lands  

in an empty seat

summer’s end

 

 

Tom Painting 

“moths circle” from A New Resonance 2: Emerging Voices

“the toddler” & “all day rain” – from the haiku chapbook piano practice  

“bases loaded” from the haiku chapbook piano practice      

“the foul balls lands”- Modern Haiku 35.2 ; spiess comp. hon. mention (2004)

 

 

See the f/k/a Baseball Haiku Page, if you’re thinking balls and strikes again.