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

March 5, 2006

psst: want some Taboo Haiku?

Filed under: pre-06-2006 — David Giacalone @ 7:47 pm

On an Oscar night that features a few taboos of its own, I now

have a copy of Taboo Haiku: An International Selection (Richard

Krawiec, ed., Avisson Press, Greensboro, 2005) in my hot, achy, 

little hands — thanks to haijin-lawyer and f/k/a-friend roberta beary

The anthology features haiku, senryu and haibun from over seventy

poets. 

 

TabooHaikuCover

 

Here’s how the primary editor (poet & author — e.g., Faith in What?)

Richard Krawiec explained this ambitious project, when seeking 

submissions two years ago:


Haiku masters have written poems on every aspect of

life.  But often publishers have been reluctant to print 

haiku dealing with controversial themes such as sexu-

ality, violence, bodily funtions, etc.


Taboo Haiku is a mass-market anthology that will

feature the finest international Haiku dealing with the

themes that often go unexplored in mainstream haiku

publications.

 

We are looking for poems that will move readers emo-

tionally as well as stimulate them intellectually.  Poems

that will make readers pull back their heads and say,

“Whoa!”  Poems that are good, but don’t quite fit any-

where.  Poems that challenge.

 






me in one hand

a belt in the other

dads sings a lullaby


    roberta beary

                                                                                                TabooHaikuCoverN

 

In his introduction to Taboo Haiku, Kracwiez notes that “In many  

of the poems in this anthology, the writers have willingly exposed

their own moral and ethical flaws.  They’ve been willing to risk re-

vealing themselves in public.” He continues: 


“Editing this anthology has brought its own, ad-

mittedly minor, risks for me, too.  I teach a lot

of writing residencies in the public schools, often

working with children in the elementary grades. 

On two occasions I lost jobs because a teacher

googled me and found my name associated with

this book.  The fact that I was involved in an adult-

oriented project apprarently made it “taboo” to hire

me to teach children.”

The 104-page book contains many intriguing haiku and senryu,

plus a handful of haibun.  I think Krawiec has achieved his hope —

an anthology that “stands apart” by reaching out:

 

boy writing neg


“to an audience beyond people who already

study and admire this particular poetic form;

[that] will reach out to everyone who enjoys

poetry for what it has to say about the human

condition.”

Krawiec is a member of the North Carolina Haiku Society,

and you can find a brief review of Taboo Haiku on the NCHS

website. ” The book sells for  $15, plus $2 postage and hand-

ling for single copies, add p&h $1 for each additional copy. 


They can be ordered directly from the publisher

at:


Avisson Press
3007 Taliaferro Road
Greensboro, NC 27408

                                                                                      erasingS

Here are a few selections from Taboo Haiku by some of

f/k/a’s Honored Guest poets:

 

 





the most popular

swin teacher at the Y

– his tight speedo

 


 

 

 

 


after dark

the shape her hands make

of me

 

 

 

     jim kacian

 

 

 

 





figure drawing class —

in the model’s deepest shadow

a thin white string

 

 

      lee gurga

 

 

 

embrace small

 

 

staring

back up   the open eyes

of the suicide

 


 

 

 

 

 





lost love —

          I turn back from the tracks

          going up her arm

 

 

      andrew riutta  

 

 

 

by candlelight

an entire generation

drips down her thigh

 

      ed markowski  

 

 

 

 

tiny check Dealing with matters of taste and taboo is complicated.  For me,

the forum involved is relevant.  There are many poems in Taboo

Haiku that I enjoy and appreciate, but would not (at least not to-

night) post here at f/k/a.  It’s not that I’m personally offended by

them, but that I do not want to offend readers who come here

expecting materials that are perhaps intellectually challenging (and,

at times, annoying) but not profane or unduly vulgar.    I hope you

don’t find my cautiousness offensive.

 

help with mistakes 

 

afterthought: It’s been a taboo around here to

complain about a haiku book we feature.  But, I’m feeling liberated

tonight and have to get two things off my chest:


tiny check To Richard Krawiec: An anthology with over 70 contributors

needs an Index, so that readers (and weblog editors) can

readily find the work of particular poets.  That’s especially

true when only part of the volume has an alphabetical format.

 

tiny check To Avisson Press: Get a website!  It takes about — oh — 15

minutes to set up a free weblog from lots of sources.  Then,

tell people about your publications at the website, and about

how to order them.



If I smoked, I’d have a cigarette about now.

 

                                                                                                   HornHulkJusticeS

                                                                                                       by greg horn

 

update (March 7, 2006): A little taboo law: Yesterday, Howard Bashman


law requiring an adult who has oral copulation with a minor to register with

police as a sex offender is unconstitutional because no such requirement

exists for adults who have sexual intercourse with minors: Today’s ruling,

by a 6-1 margin, can be accessed here.”

 

p.s. On an apparently unrelated topic: The f/k/a/ Gang apologizes to

readers who have subscribed to us through Bloglines.com.  For some

reason, none of our posts have turned up on Bloglines since Feb. 8th. 

Neither their service reps, nor I, nor even Hal Roberts, the ever-helpful

weblog Webmaster at Harvard, can figure out what went wrong.  Hap-

pily, our RSS feed seems to be coming in loud and clear at other 

RSS filters.  If anybody can help fix this, please contact your humble 

f/k/a editor. 


                                                                                                          TabooHaikuCover

 

 

                                                                                                

March 4, 2006

trust, germs, depression, and other lawyerly issues

Filed under: pre-06-2006 — David Giacalone @ 9:10 pm

There are a number of stories and ideas that I want to discuss
here, before they become stale or misplaced.
“fiveDollarBill”
tiny check Making Economists Behave: How often have you been annoyed or
bemused by economic purists, who praise or pan a proposed idea
based on whether it fits their model of economic logic, no matter what
appears to be happening in real life (e.g., our trivializing economics).
Well, the brand new edition of Harvard Magazine has some ammunition
(or solace) for those of us who prefer to deal with the real world and real
people, instead of homo economis.
In “The Marketplace of Perceptions” Behavioral economics explains why
we procrastinate, buy, borrow, and grab chocolate on the spur of the
moment,” (Harvard Magazine, by Craig Lambert, March-April 2006), we
get a brief history of the rise of behavioral economics and its arguments
against Economic Man — the human actor who “makes logical, rational,
self-interested decisions that weigh costs against benefits and maximize
value and profit to himself.,” and who simply does not exist outside classi-
cal economic theory.
honest flip
The article explains that human being are in actuality quite vulnerable
to how the decision-maker describes the choices to himself and, therefore,
to how they are framed by the presenter.  Noting that “persuasion is not edu-
cation,” it asks what the framing concept means in the consumer marketplace
and in politics.  It ends with the hope that “The models of behavioral econ-
omics could help design a society with more compassion for creatures
whose strengths and weaknesses evolved in much simpler conditions.”
“tinyredcheck” I found the Sidebar Games of Trust and Betrayal especially
interesting.  In it, associate professor of public policy Iris Bohnet,
of the Kennedy School of Government, explains that humans are
not merely risk averse, they are trust averse — and, therefore, very
vulnerable to betrayal.  Because of this, people tend to be more
willing to take a risk when the agent of uncertainty is nature than
when the agent is another person. Feeling betrayed is a deeper
hurt than suffering an economic loss.
wolf dude neg
The piece left me wondering if this fear of trusting and betrayal
might help explain why so many nonlawyers have such negative
feelings about lawyers.  When you loudly proclaim yourself to be a
trusted agent and protector, your failure to meet expectations and
keep promises becomes a matter of personal betrayal, not merely
an incidence of a customer dissatisfaction.
spiltBucketG


I first learned about the Clorox Co. study comparing professions to


determine the “germiest jobs” from BenefitsCounsel.   It has been


duly noted elsewhere.  Although no one could be surprised that


teachers have the germiest workplaces, many were surprised


that Accountants were the next germiest, but lawyers were the


least germy out of the ten jobs studied.  I want to raise two points:



– First, why would it be that the “desks and pens of lawyers


had the lowest levels of germs”?  Assuming that germs come


from handling things, contact with humans, and food, can we


conclude that: lawyers don’t use their pens much (or keep more


than they need on their desk)?  that they don’t often touch


or interact with other humans?  that they eat at their desks a


lot less than other professionals?




– Second, I went to the Clorox press page for the study and


found only this dyspeptic disclaimer: Disclaimer The inf-


ormation contained in this document reflected management’s


estimates, assumptions and projections when it was published.


However, Clorox has not updated it since then and makes no


representation, express or implied, that the information is still


current or complete. The company is under no obligation to up-


date any part of this document.”  That sure makes me feel


warm and fuzzy as a consumer.  Even more, it makes me so


happy that I never had to think about or write such drivel as


part of my law practice.



jailbird neg



David Tarvin at Omaha Law and Stan Sipple at Huskerblawgs raised some


good questions last month, after 56-year-old lawyer Attorney Tom Gleason


was charged with stealing as much as $60,000 from clients (ketvNews, Feb.


2, 2006).  Gleason’s lawyer has stated that his client suffers from psychiatric


problems, including acute depression and will voluntarily surrender his license.



What makes the case more than a typical lawyer-thief matter is the fact that


Gleason — contrary to the Nebraska Supreme Court’s policy of automatic dis-


barment over misappropriated funds — had been merely suspended from practice


back in 1995, when he was also charged with misappropriating client funds.  The


Court found special mitigating factors, because Gleason was suffering from depres-


sion, had sought treatment prior to having charges brought against him, was coop-


erating fully, and was deemed to be unlikely to repeat his unethical behavior.



tiny check Tarvin says this will now make it harder for other lawyers to show mitigating


circumstances in disciplinary hearings.  Sipple says the case shows the


Court can’t adequately regulate lawyers and  “It’s time an outside state


agency starts disciplining attorneys, one subject to the greater priority the


Courts should have of protecting the public” [rather than protecting the


image of lawyers].



HouseCards


Of course, one case of recidivism does not prove self-regulation doesn’t work.


Nonetheless, what we said three years ago is still true (if you add three years):



Thirty-three years after a blue ribbon panel of the American Bar


Association declared the lawyer discipline system to be in a


“scandalous situation,” and over a decade after a follow-up ABA


report in 1992 found that the system was still “too slow, too secret,


too soft, and too self-regulated” there is very little improvement.


ethicalEsq has consistently supported establishing the reforms urged by the


group HALT, including “Replac[ing] the failed system of self-regulation


lawyers policing lawyers — with disciplinary panels on which non-lawyers have


a majority voice.”  Or, as we discussed here, following the new structure in the


UK might be more effective.   It entails “the establishment of a new Commis-


sioner for legal services complaints, stripping the Law Society of England and


Wales of its ancient right to regulate the profession.”



“tinyredcheck” HALT issued Lawyer Discipline Report Cards to each


state in 2002.  Nebraska received a mediocre C-minus, ranking


it in the 28th spot.  Nebraka’s system got a D+ for Adequacy of


Discipline Imposed.



less than eq s



When mitigating circumstances can justify (even more than the usual) leniency


is a difficult question.  As our prior post, Mitigate This?, states, the policy adop-


ted in the District of Columbia seems about right. — “issues of disability and in-


capacity . . . can significantly affect the choice of an appropriate disciplinary


sanction”, with proof of rehabilitation being very important.  However, if the lawyer


fails to establish that the disability is substantially related to the misconduct, the


lack of a “but for” nexus to the misconduct makes the disability irrelevant. [see


In re Lopes, 770 A.2d 561, 2001]



tiny check It is difficult for me to see how depression can be said to


mitigate stealing from a client. The effects of depression, and


side effects from medication, can certainly lead to missed dead-


lines and similar neglect of clients.  But, depression does not cause


dishonesty and thievery, even if it does lead to lower income and


thus a greater temptation to misappopriate funds. [see Lopes, supra]



[thanks to Walter Olson for telling me about the Nebraska story]



graph up gray




With the economy improving for college graduates, fewer people are


applying to law schools. (Columbia Daily Spectator, March 1, 2006;


via jd2b)  I believe our nation will be better-served if more of its best-


and-brightest seek careers outside the legal profession.  Elite minds


are not needed to perform the vast majority of legal services. Although


there may be many reasons for the drop in law school applications


(4.6 percent last year and 9.5 percent this year), I like the one given


by Laura Rosner, Columbia College ’06.  According to the Spectator:



“She said that she never wanted to practice law and realized


that her interest lay more in political economy and government.


Additionally, she said she was influenced by a group interview


session she attended for Georgetown Law School.



” ‘Seeing the type of people there, these people are really ob-


noxious, I’m not enjoying this at all, and if this is what the core


classes of law school are going to be like … then forget it, this


is really not what I want,’ Rosner said.”




“scrabbleE”



tiny check Finally, I wish the folks at Blawgr well with their new lawyer forum.


And, I respect their decision to keep the “blawg v. blog” debate off of


their website.  However, I must say, here at my website, that the de-


cision to spell their name without the “e” in the “er” suffix — no matter


how humorous or ironic their intent — looks like a sad attempt to be


hip and timely.  Instead, it will only result in a site that dates itself as


born in the e-less malaise of late 2005 and early 2006.  (see our prior





p.s. Yesterday, someone in Charleston, West Virginia, Googled


billionaire plaintiff’s attorney Evan Schaeffer> and ended up at


this weblog.  Last August, I referred to Evan as a “Prospective (and

contingent) Vioxx billionaire plaintiff’s lawyer.”  My apologies to any-


one whose expectations were raised recklessly. Of course, should


my optimism bring Evan some successful business opportunities,


I’ll expect him to remember his Schenectady friend in some appro-


priate manner.




“lipsG”   Randy Brooks never forgets his e’s, p’s or q’s, and


always writes with diligence and zeal.  Here are two very


recent poems and two from his 1999 book School’s Out:




tongue out


the boy guides a new airplane


round and round








I nibble


behind her ear. . .


she stirs the batter










all tongue


the clam in the fire’s


hiss






sisters bent over


the heating vent


adult talk below




“tongue out” – The Heron’s Nest (VIII: 1, March 2006)


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


“all tongue”  & “sisters bent over” – School’s Out (1999)



wolf dude negF


March 3, 2006

heavy breathing over “heavy hitting” lawyers

Filed under: pre-06-2006,Uncategorized — David Giacalone @ 11:36 pm

[Editor’s Note:  Please excuse all of the formatting problems below.  A change in webservers made a mess of many of our early posts.  We just don’t have the time to re-do thousands of postings, many (like this one) with very complicated formatting.  So, please bear with us.]

As Carolyn Elefant (“More Bar Silliness: Heavy Hitter is Misleading“) and Ben Cowgill (“Heavy hitters: here, there and everywhere“) both reported and analyzed today (March 3, 2006), the regulators of Nevada lawyer advertising have outdone even the most harebrained of the bar’s dignity police. (see our post “MO says legal consumers are really stupid“)
“heavyHitterLerner” Glen Lerner, Heavy Hitter
As the Las Vegas Review Journal reported, p/i lawyer Glen Lerner has been told by the Nevada State Bar that Lerner he cannot advertise himself as “The Heavy Hitter” anymore.  Instead:
at bat flip neg He can merely be “a heavy hitter.” “The bar told me by calling myself “The Heavy Hitter,” it was false and misleading because it was stating I’m the only heavy hitter,” Lerner said. “It’s beyond ridiculous.”
Yes, yes it is.  As I commented at My Shingle, Ernie Svenson may have to start calling his weblog “Ernie An Attorney.”  But, seriously, I’m not at all sure that the Supreme Court will find the issue as easy as Lerner’s attorney Dominic P. Gentile suggests. According to the Review Journal, “Gentile said the U.S. Supreme Court has made clear that if speech such as Lerner’s is accurate and not misleading, then it is protected.”  The question is whether the Court will accede to the Bar’s expertise on just what is misleading or deceptive in the context of choosing attorney services.
It’s not at all clear that this Supreme Court will take as realistic a position as the Federal Trade Commission.  In 2002, the FTC staff told the Alabama Supreme Court that “it is best for consumers if concerns about misleading advertising are addressed by adopting restrictions on advertising that are tailored to prevent unfair or deceptive acts or practices. . . . [I]mposing overly broad restrictions that prevent the communication of truthful and nondeceptive information is likely to inhibit competition and to frustrate informed consumer choice.”
.. Martin, Harding & Mazzotti – “The Heavy Hitters
Finally, Ben Cowgill asks “Why am I reminded of the book by Kentucky native Philip K. Howard, The Death of Common Sense?”  I agree that this type of lawyer advertising makes no sense from the perspective of true consumer protection.  But, it makes a lot of sense if — as I contend — the Bar’s real purpose is to create an atmosphere where there is far less lawyer advertising, because they have an enormous emotional investment in the mythic importance and “dignity” of the profession, and an enormous aversion to competition.
update (March 6, 2006):  California solo p/i lawyer Jonathan G. Stein seems to be rallying a posse for the Diginity Police at his The Practice weblog. Complaining that ads like Lerner’s Heavy Hitter commercials make all lawyers look bad, he says the market won’t regulate such marketing.  He concludes:
“[I]f you don’t think that this makes all of us look bad, you are wrong. It gives everyone a black eye. And the only way to stop it is through regulation (and remember, I am a free market economist by education).
Carolyn Elefant has a well-crafted reply today called “Watch What You Wish for.” (via Home Office Lawyer)   Carolyn makes a lot of good points (with examples of marketing Stein praises that Nevada regulators just might deem to be deceptive), and asserts :” I know that the present system isn’t perfect.  But I’ll take free speech and the attendant mess that goes with it any day over regulation by a group of lawyers.”
Ms. Elefant has it right. I’d love to know what kind of regulation Stein would endorse.  If he wants to assure a “dignified” image for lawyers, he should realize that the public has more respect for someone acting tacky than for someone acting pompous.  If he agrees with the Nevada Bar’s specious approach to “deception”  he should indeed worry about what he wishes for.
Someone looking at Stein’s weblog might think that the tagline “Helping law students and lawyers learn everything they wanted to know about law practice management” (emphasis added) promises rather more than it can deliver.  Looking at his law firm website, a consumer seeing an “about us” link might think that this solo firm has more than one lawyer, while his “Law Offices” declaration belies his one location. And, a regulator might question Stein’s definition of a “neighborhood law firm.”  Also, a real “free market economist” might take umbrage at Stein’s touting that part of his educational background.
There are lots of slippery slopes out there once the concept of “deception” is divorced from reality and reasonable consumer reactions, and is instead left in the hands of regulators who mostly don’t much like advertising.

RumpolePenge

afterthought (Noon, March 3): Early this morning, I finished listening to the audiobook of John Mortimer’s 2004 novel Rumpole and the Penge Bungalow Murders. Throughout this enjoyable memoir of Rumpole’s first big case, he is chided by Queen’s Inns and Equity Court versions of the bar’s dignity policepompous Heads of Chamber, like Wynset and Ballard, worried more about their own perquisites and appearing in the finest traditions of our great profession” than in working diligently to keep a client from the death sentence or in helping to nurture the career of a young “white wig” lawyer.


RumpolePengeUK

UK audio version

Rumpole, of course, refuses to see his role as being “a safe pair of hands” wearing the correct color of pants.   Yes, he never does become rich or famous, or even Head of Chambers, but he serves his clients and profession with his zeal and his soul intact.
tiny check In the haiku world, you can find true heavy-hitter haijin in the Haiku Society of America’s journal, Frogpond.  For example, our mail carrier brought the newest Frogpond (XXIX: 1) to my mailbox today, and it contains this pair from Michael Dylan Welch:
update (March 10, 2006): Is Walter Olson a secret member of the Dignity Police Posse?
foul-up follow-up (March 15, 2006): n.y. heavy hitters get dumped: who you gonna sue?
update (March 27, 2006): In the Syracuse and Rochester region of Upstate New York, the firm of Alexander & Catalano has the Heavy Hitters franchise.  In a recent article, in the Central New York Business Journal (“State Bar Association tackles attorney advertising practices,” March 18, 2006),  James Alexander responds to the crackdown on lawyer advertising proposed by the NYS Bar Association (NYSBA Press Release, Feb. 1, 2006):
“I think lawyers are very sensitized to advertising by other lawyers,” he says, estimating that about two-thirds of complaints about advertising are lodged by lawyers. “There are many lawyers who don’t approve of advertising and think it should only be done in their idea of a dignified manner.” The problem arises when different lawyers have different opinions of what constitutes a dignified manner.
at bat neg “Our avertising tends to be friendly and entertaining, for the most part, and informative,” Alexander says of the television spots that appear on all major network affiliates and cable stations in Central New York. (Alexander and his partner Catalano are often shown with baseball bats to illustrate their slogan.) Other may not agree, but it doesn’t mean the advertising is inappropriate or misleading, he says.
roses on the casket
shaking
at the lowering
wedding reception —
the weight of her bottle
on the lip of my cup

frogpond (XXIX: 1, Winter 2006)

bonus: one by michael from the newest edition of The Heron’s Nest:
beached kelp –
we examine
each other?s life lines
The Heron’s Nest (VIII: 1, March 2006)
dodoG

quick, count to six

Filed under: pre-06-2006 — David Giacalone @ 1:29 am

A few days ago, we told you the tale of our Schenectady Spider-man’s

jail break.  Edwin Ortiz got out of a recreation yard fence and did some

fancy rooftop jumping to make his escape.  Somehow, Ortiz’s escape

was not discovered for two hours — despite his having been marked

down as “counted” six times on his tier, after he supposedly returned

from recreation.


tiny check Ortiz was a known flight risk and had been on “extraordin-

ary watch,” according to Sheriff Harry.Buffardi, who faces re-

election this year.

The names of the responsible guards were finally released on Wednesday,

along with the news that they were being fired.  (Schenectady [NY] Gazette,

Sheriff fires 2 after jail escape,” March 2, 2006, reproduced here, reply 15;

Albany Times Union, “2 guards lose jobs after jail escape,” March 2, 2006)

 

                                                                                          jailFence

 

Sheriff Harry Buffardi announced that he had fired Deputies Gerald Treacy

and Jayme Paul, after they completed interviews with the State Depart-

ment of Corrections.  Non-criminal, disciplinary actions were also filed alleg-

ing that they failed to make proper counts and engaged in other actions that

wasted time and energy in discovering the escape.   Paul failed to notice that

Ortiz escaped from the rec yard and was not among those returning from the

yard.  Paul also went through the gate from which Ortiz made his escape, but

never noticed that Ortiz left it “grossly deformed.”  Teacy reported that he saw/

counted Ortiz six times after Ortiz had escaped, and then delayed reporting

the disappearance once he realized Ortiz was not present.

 

When he was interviewed after being re-captured, Ortiz said it wasn’t 

Deputy Paul’s fault for not noticing his absence or getaway.

 

2+3g 

 

According to Gazette reporter Steven Cook:


“There were supposed to be six inmates on Ortiz’s

tier, Buffardi emphasized.

 

‘I don’t think it’s a difficult or tremendous burden

for us to require a count to six people,‘ Buffardi said.”

The County Sheriff’s Benevolent Association said it wouldn’t have com-

ments on the firing until after the Department of Corrections issued its

report.  Paul and Treacy were not available for comments, but could grieve

the disciplinary charges and take them to an arbitrator.   Buffardi said he

did not want to make it sound like the deputies did not usually do their jobs,

but that there was enough “gross negligence” to warrant firing them.  Paul

was hired in April 2004; Treacy has been on the job for 5 years.


blackboardAdd

 

Joseph Suhrada, a Republican county legislator and frequent critic

of the sheriff, said Treacy and Paul were being used as scapegoats

to take heat for the sheriff. Suhrada also questioned why it wasn’t

until two hours after Ortiz was noticed missing that surrounding police

agencies were alerted to the escape.  “Whoever made that decision

should be fired,” Suhrada said. [Times Union]




 


“tinyredcheck”  Here are a half dozen haiku from our

Alaska haijin friend, Alice Framption.  That’s right,

3 plus 3. 

 

 


Lenten rose
I let loose
his hand

 

 

 

 

 









fog all day
the whiteness
in my ears

 

 

 

 

 






his Christmas package . . .

the icy steps

of the post office

 

 

 

 

 

 

 

in the sickroom

winter sunlight

on the mountain picture

 

 

“snowflakeSN”

 

 








blossoms . . .
I dust off the last
jar of cherries

 

    

 

 


eviction notice —
a moth ricochets
in the lampshade

 

 


“Lenten rose” Haiku Canada Newsletter

“his Christmas package” – The Heron’s Nest (March 2006


“fog all day” – Frogpond XXIV:2; World Haiku Assn

“in the sickroom” – Stone Frog; New Resonance 3

“blossoms”- winner, 2006 Vancouver Cherry Blossom Festival

“eviction notice” —  The Heron’s Nest (March 2004) 

 

                                                                                                       jailNeg

 

March 2, 2006

wedgie opportunity: poor advice for associates from Juris’ CEO

Filed under: pre-06-2006 — David Giacalone @ 9:41 am



Wedge” (Feb. 24, 2006), Bob Coffield of Health Care Law Blog pointed to a

posting that day by Tom Collins, calling it “Great advice for everyone — not

just law firm associates.”  Collins was the founder of Endata and is the CEO

of Juris, Inc., which he says is  “the leading brand of law office business soft-

ware for midsize law firms.”

 

“slicingThePie”


Admission: It’s hard for me to avoid skepticism about a weblog

named MorePartnerIncome. However, my mediation practice

gave me lots of practice in maintaining objectivity and withholding

judgment, so I tried to read the Collins post with an open mind.



The Collins’ post is titled “Achievement Concepts for the Young Attorney“, and 

it focuses on the concept of the Opportunity Wedge.  After taking Bob Coffield’s

advice to “consider” it, I’ve come to a serious conclusion: From the perspective

of law firm management and career development/balance for young lawyers, it is

both very scary and very silly.

 


                                                                               Opportunity greater than eq s

                                                                                                                           less than eq s Time

 

Because I want to go through Collins’ piece closely, and you deserve the chance

to read it as first written, I’m going to present the short essay here:


Achievement Concepts for the Young Attorney

 

by Tom Collins, MorePartnerIncome, Fri 24 Feb 2006

 


Instill these concepts in your young team members, and they will increase


per-partner income and firm success.


 


Opportunity Wedge: There are two certainties in life





  • Change is constant.


  • We are always judged by others


OWg


What we are is determined by how others see us. The Opportunity Wedge

illustrates that life is a journey involving constant change.  

 

At birth, our opportunities are the greatest. We can become a bum or a great


achiever.  Our final destination is determined by our own decisions and actions. 


As we journey through life, one decision after another narrows the alternate op-


portunities available to us.  For those who have already sacrificed their best op-


portunities through bad decisions, the opportunity wedge is an unpleasant and


fatalistic concept. Thus, I am always reluctant to introduce the Opportunity Wedge


to an audience.  But for the young associates entering the firm, it is an important


concept for their mentor to convey.  Where the associate goes from here will be


determined by the associate?s own decisions and actions.  Make the right decisions,


and the future is a bright one.  We are the captains of our own destiny. 


 


It is an organization?s culture (its core beliefs) that gives that organization its character


and personality. The Opportunity Wedge is a part of ours and the following catch


phrases and short descriptions identify others. I recommend them to you.



Make My day: You are the person who decides what kind of day


     you will have.


Pros Play Hurt: Show up and play your best.


Keep on the Gas: Don?t let up just because you are almost there.


Presentation Counts: A cake is one thing; one with icing is altogether


     another.


Finish, Don?t Quit: Achievers bring things to a conclusion.


Listen to be Heard: Great conversationalists ask and let others talk.


Dress for Success: Clothes may not make the man, but they make


    an impression.


It Is All About Giving: Relationships are built by helping others.


Two Words to Use: ?Thank you.?  ?You?re welcome.?  ?I?m sorry.?


People Bank: Save them; they pay a great return.


Smile: People can hear yours.


 


Humor: It is disarming.  laughing man small


Miss Manners: Behavior counts.


Persevere: Never throw in the towel.


Standing 8: Take the time to refocus.


Play Offense: Act, don?t react.


True Believer: Be a ?can? vs. a ?can?t? person.


Practice/practice: Stars aren?t made?they practiced.


We, Not I:  Great things are accomplished through others.


Collaboration Trumps Competition: Personal contribution is valuable,


    but it took collaboration to build the Pyramids.


“tinyredcheck” Ignoring some of the harmless aphorisms for a moment, does this all sound inspiring and


helpful to you as a partner or associate in a law firm?  Is there one word about personal


and professional fulfillment? life balance? finding your own values and practicing them within


the profession?  bringing professional ethics into your practice life?  putting the client’s inter-


ests (rather than the firm’s) first?



tiny check Frankly, if you are a young lawyer in a firm that has adopted the OW   OWsv 


(appropriate acronymn, yes?), you need to ask whether you belong there.


If you blindly buy into the OW concept, you might want to consider flipping


it over and wearing it as a hat.  Read on to see why.


sleuthSm


 


Let’s quickly go piece by piece through Collins’ “Achievement Concepts for the Young


Attorney.” I’ll give my reaction, while you ask yourself just what the young attorney might


hope to achieve by following the concepts.


 


– Instill these concepts in your young team members, and they will increase


per-partner income and firm success.-   


 


Ed.: Clearly the firm doesn’t show this sentence to the young associate.


 


Opportunity Wedge: There are two certainties in life





  • Change is constant.


  • We are always judged by others –

Ed.: There seem to be quite a few other certainties but, yes, change is constant,


even when it seems as if everyday is the same and you’re in a rut.  The potential


for change is, of course, the potential for creating new, better opportunities.  Always


being judged by others might be a certainty for human beings, but what that means


for the young attorney remains to be seen — except, we should keep in mind that


trying to please others and live up to their expectations is what brings many thought-


lessly into the legal profession and keeps them at jobs not suitable for them (see our


1L of a decision).  Let’s see what Tom Collins thinks about such judgments.



OWs


What we are is determined by how others see us. –    

 

Ed: I’m an old guy by weblog standards, but this notion seems mighty old-fashioned

to me — as in feudalism or maybe an exotic caste system.  What we are is deter-

mined by what we do, what values and priorities we choose to live by, what talents

and personality traits we choose to nurture, what friends we make and cultivate, and

much more.

 

 

– The Opportunity Wedge illustrates that life is a journey involving constant

change. –    

 

           Ed:.  I’m no great illustrator or creative artist, but the Opportunity Wedge

image used by Tom Collins seems to “illustrate” virtually nothing.  I’m not even

sure if a ceaseless reduction in “opportunities” over time is actually a “change.”

 

 

At birth, our opportunities are the greatest. We can become a bum or a great


achiever.  Our final destination is determined by our own decisions and actions. 


As we journey through life, one decision after another narrows the alternate op-


portunities available to us. –


 


Ed.:  Call me a silly optimist — or perhaps a practical realist — but, it seems to me that,


for many members of our society, opportunities appear quite limited at birth, and for the


vast majority, they look rather mediocre, with little or no chance to be “a great achiever.”


Nevertheless, with choices and commitment, opportunities can grow — even beyond those


that seem the most obvious at the time one graduates from law school or is shunted aside


by a law firm.  We can create new and better opportunities even past middle age.



tiny check Tom Collins seems to be imaging a world where you enter one career track and stay


there for the rest of your working life (unless thrown out, I guess).  In the 21st Century,


people will change jobs, and even careers or professions, often — or, need to be ready


and able to do so.


                                                                                                             pawn horiz


 


For those who have already sacrificed their best opportunities through bad decisions,


the opportunity wedge is an unpleasant and fatalistic concept. Thus, I am always


reluctant to introduce the Opportunity Wedge to an audience.  But for the young


associates entering the firm, it is an important concept for their mentor to convey. –


 


Ed.: So, fatalism is an important concept to convey?  Having no options, keeps the


sheep docile.


 


 


Where the associate goes from here will be determined by the associate?s own


decisions and actions.  Make the right decisions, and the future is a bright one. –


 


laughing man small  Ed.:  This is a joke, right?  Who has less control within a law


firm than an associate?   Which “right decisions” ensure a “bright future”?


 


 


We are the captains of our own destiny. –


 


Ed.:  Nice royal “we” hear.  Even many equity partners have a shaky hold on their


own destiny within a law firm.  Only if you look to the future, keep your options open,


and are willing to make hard decisions concerning leaving a firm, can you have a good


grasp on your own destiny (still, of course, with no guarantees).


 


 


It is an organization?s culture (its core beliefs) that gives that organization its character


and personality. The Opportunity Wedge is a part of ours . . –


 


Ed.: A prospective associate should find out whether a firm subscribes to the OW   “questionDudeS”


concept — if the firm does, its “character and personality” may be fixated on maximizing


partner income and maximizing associate obeisance and “performance.”



tiny check On Feb. 27, Mr. Collins had a post on Associate Salary in Mid-sized Law Firms.


He advises (emphasis added):



“Given the continuing rise in Associate compensation ($75,000 to $145,000


depending on firm size and location), it is now more important than ever to set


targets and measure performance in order to ensure that the firm?s investment


will generate a profitable return. 


 


All the talk of balanced life aside, law firms have to fund operations from current


performance.  Associates have to pay their way.  That means setting targets for


revenue production and holding new additions accountable.” 


tiny check As for Collins’ aphorism list, many that are positive or harmless seem quite obvious,


 and many others suffer from the same myopia as the OW.  The following ones, however, appear


rather ironic, given the primary goal of Tom Collins’ weblog: 




Make My day: You are the person who decides what kind of day


  you will have.


 


It Is All About Giving: Relationships are built by helping others.


 


We, Not I:  Great things are accomplished through others.


 


Collaboration Trumps Competition: Personal contribution is


valuable, but it took collaboration to build the Pyramids.


I especially like the last one.  If I’m not mistaken, the pyramids were built with the “collaboration”


of slaves (many of whom died during the process), and were constructed for the honor and glory


of one human being, who deemed himself to be a god, and accumulated obscene amounts of


treasures and wealth.  Hmm.


 


watch step sign


 


Sorry, Tom and Bob, the Opportunity Wedge looks (and probably feels) much more like a


Wedgie Opportunity.   Whether the young lawyer is subjected to the humiliation of an under-


wear wedgie, or is merely under the heel of a partner’s wedgie boot, OW! is the likely outcome


for the associate.   Life and careers look a lot more like decision trees than like Collins’ Wedge.


Perhaps the better analogy is to a Scrabble board — where a shoot off a deadend position can


branch into new opportunities for triple-word scores, creativity and personal satisfaction, with a


large element of luck thrown in.


 


Let’s hope all those mid-sized firms that use Jurist, Inc. software don’t also subscribe to the


Jurist OW concept.  Just to be safe, though, job seekers or current associates should do a


little probing.  You have choices.


 


 









solstice sunset

beside dad’s pink slip 

her christmas list

 

 

 

 

 

christmas evening

the goose she raised

all summer

 


ed markowski 


 


 


 






the great lord’s wood fire
rises
first


 


 



translated by David G. Lanoue

                                                                                                                                   OWsv


 

March 1, 2006

don’t give up THN for Lent

Filed under: pre-06-2006 — David Giacalone @ 10:43 pm

As I promised yesterday, the first edition of The Heron’s Nest

for this year went online today – Volume VIII: 1 (March 2006).

In it, you will find 12 pages of haiku, by 99 haijin. Please, don’t

give up THN (or f/k/a) for Lent.

 

 Naturally, many of our Honored Guests Poets can be found in the newest edition. Gary Hotham had two of his haiku selected:

 

garden path —

the same weeds

in their country

 

 

 

 

no old habits —

the newborn’s

cry

 

 

gary hothamThe Heron’s Nest (VIII:1, March 2006)

garden path” & “no old habits —

 

“thnLogoF” Because she is an associate editor for THN, the

poems of Peggy Lyles do not appear on its pages. To make

up for that sacrifice, you can enjoy four haiku from Peggy, right

here, that seem to fit right in on the day after Fat Tuesday:

 

 

 

chasing butterflies . . .

the girl with Wednesday’s ashes

on her brow

 

 

 

 

no thought

of air until

that blue feather’s drift

 

 

 

 

 

umbrella vert

 

passion flower

your faith

or mine?

 

 

 

 

 

 

distant jazz

a calla lily

catches rain

 

 

 


Peggy Lyles, from To Hear the Rain (Brooks Books, 2002)

deskCalG

February 28, 2006

get that lawyer out of my shower

Filed under: pre-06-2006,viewpoint — David Giacalone @ 8:23 pm

Is “My Mommy made me do it,” a defense for bringing a frivolous claim?  How about, “Plaintiffs threatened to disown me”?  I have a feeling that Colorado lawyer Sheldon H. Smith may find out in a few weeks (March 22), when his Noisy Bather lawsuit comes before Denver District Court Judge Ronald Mullins. (Denver Post, “Lawsuit: Baths swamp sleep”, by Mike McPhee,  Feb. 21, 2006; Overlawyered.com, “Early Bather Lawsuit,” Feb. 27, 2006)

 

As usual, Walter Olson has summed up the case pithily:  WOlson
“Shannon Peterson, a special education teacher in the Arvada, Colo. public schools, “can’t believe she’s being sued for bathing before leaving for work.” But the elderly couple who lives upstairs from her Denver condo unit have been complaining about noisy pipes, and unfortunately for Ms. Peterson they happen to have a son, Sheldon Smith, who’s an attorney at the large law firm of Holland and Hart.

 

   SheldonHSmith
    Sheldon Smith, Esq.  “Represented by their son, the Smiths ‘sued Peterson just before Christmas, citing the ‘reckless and negligent use of her bathtub.”’  Before that, the younger Smith had fired off a letter to Peterson, saying her ‘intransigence … and tortuous conduct have resulted in incredible sleep deprivation for Mr. and Mrs. Smith. Your obstinacy has ruled the day. That will now cease.’    According to the Denver Post, his demand letter insisted that that Peterson not run water in her bathtub before 8 a.m.”  

showerTubF 

Peterson told the Denver Post:  

 

“I’ve done everything I can think of to work this out,” she said. “I’ve had maintenance men remove all my tile and insulate the pipes. I’ve had sound engineers measure my unit and others in the building. Nothing’s abnormal. Even the homeowners’ board investigated and told the Smiths they should install sound barriers in their unit.”  

 

The Post reported that “the homeowners’ association stepped into the fray and wrote Smith a letter that his request didn’t comply with the building’s rules.” Fortunately, Peterson is getting help from a friend, lawyer J. Michael DowlingFrom what I’ve read, I have to agree with Dowling’s assessment: “This is the most frivolous lawsuit I’ve seen in 30 years of practicing law.”  

 

 

bathtubG So far, coverage by Overlawyered has provoked a chorus of webloggers rightly decrying the lawsuit.  It will be interesting to see if this negative publicity gets all of the Smiths to back down.  Of course, only Lawyer Smith has to worry about violating professional ethics rules against bringing frivolous claims — claims that have no colorable basis in fact or law. 

showerHead At first, I thought Sheldon Smith might be a tenderfoot, too young to say “no” to his parents’ request for legal assistance.  But, his firm bio page suggests that he’s in his mid-50s, and is a respected lawyer in his specialty of employee and executive benefits.  (He’s worked as an adjunct faculty member at Denver Law School and as a CLE presenter.)  What I don’t understand is how his partners at the Rocky Mountain mega-firm of Holland & Hart could have let this matter get out of hand. 

 

showerHead     Certainly, someone in H&H’s Real Estate Litigation practice group could have told him how lame his claims are.  Also, H&H has an Alternative Dispute Resolution section that could have come up with options short of litigation and national infamy.   More to the point, however, H&H’s Water Rights practice group boasts: “Our water law practice involves commercial and other transactions that routinely require skilled negotiations and first-rate administrative experience.”  Couldn’t they, or someone, at H&H have stopped this silly lawsuit?  I have a feeling that somebody there just might be leaning on Sheldon Smith right now.  I sure hope so.

tiny check Once again, I’m learning legal practice tips too late.  Forget about noisy showers.  When I moved into my first condo, in Alexandria, VA, two years out of law school, I could hear love-making from three other condo units (above, below, and on the otherside of my bedroom wall).  Talk about keeping a lonely guy up.  I wonder if H&H had a D.C. office back in 1978.

donkey 
update Thanks to Suz-at-Large for pointing (March 11, 2006) to this post. Suz had an earlier piece on the case (Feb. 22, 2006), with the sub-headline: “The Law is Not An Ass, But No Thanks to Some Lawyers.”   Suz points out that the new weblog Leadership for Lawyers is written by Mark Beese, the marketing director for Smith’s firm, Holland & Hart.

update (April 26, 2006) see our water-torture bathtub suit still afloat  bathtubG 
in the shower
an economy size bar of soap
lands on my toe
. . .. by Tom Clausen from Homework (Snapshot Press 2000)
meteor shower
a gentle wave
wets our sandals 
. .. by michael dylan welch,  HSA Henderson Contest; a glimpse of red:rma 2000   
   
from the shower
a sad love song –
bathtub cricket
the shower massage
finds her navel —
buddha smile
showerHead

 

headful of suds
the shower
turns cold.

. . . . .. . . . .  . by  dagosan

the heron’s nest haiku mardi gras

Filed under: pre-06-2006 — David Giacalone @ 2:54 pm

If you love to read or write haiku, Mardi Gras might be best celebrated

with a parade of some of the best haiku published in 2005.  Yesterday,

Feb. 27, 2006, The Heron’s Nest made that easy — it announced the

winners of its Readers’ Choice Awards Vol. VII  (2005).  There are two

categories, Best Poem and Most Popular Poet.  All those participating

in the poll agreed to read all of the poems published at THN in 2005.

 

                                                                                               MardiGrasG

 

tiny check  We at f/k/a are celebrating extra hard, as four of our Honored Guest

Poets were among the six winners — with Carolyn Hall topping both

categories.

 

Here are the contest results:


“THNLogoG” 

 

Best Poem Vol. VII (2005)

 

GRAND PRIZE (120 points)

so suddenly winter
baby teeth at the bottom
of the button jar


            — Carolyn Hall  Commentary

 

 



FIRST RUNNER-UP (94 points)

– Click to see Rick Tarquinio‘s haiku

 

 

 

SECOND RUNNER-UP (75 points)

unemployed
the uneven edge
of a quahog shell


            — paul m. Commentary

 

 

 

THIRD RUNNER-UP (58 points)

– click to see David Lindsey‘s haiku
 

 

Popular Poets Vol. VII (2005)  “THNLogoF”

 

GRAND PRIZE

Carolyn Hall (5 of 7 poems received votes – total = 163 points)

– click to see each of Carolyn’s Vol. VII poems: 0701 EC#1,  0701 5#8,  


 


FIRST RUNNER-UP


paul m. (6 of 7 poems received votes – total = 141 points)

– click to see each of paul’s Vol. VII poems 0701 1#10,  0701 7#5,  


SECOND RUNNER-UP (a tie)



Rick Tarquinio (4 of 6 poems received votes – total = 135 points)

-click to see each of RIck’s Vol. VII poems: 0701 9#9,  0702 EC#1,  

0702 3#90703 6#1,  0704 10#3,  0704 12#8

John Stevenson (8 of 8 poems received votes – total = 135 points)

– click to see each of John’s Vol. VII poems: 0701 11#4,  0701 7#1,  



 

THIRD RUNNER-UP


Yu Chang  (4 of 4 poems received votes – total = 93 points)

– click to see each of Yu’s Vol. VII poems: 0703 7#1,  0703 7#7,  

0704 12#3,  0704 7#3.  (Being an engineer and a stickler for

precision, I bet the ever-humble Prof. Yu would point out that

a tie for Second makes him the Fourth Runner-Up.)

 

MGstuff  Celebrate Mardi Gras with a pair of poems from each of f/k/a‘s

Honored-Guest winners from Vol. VII of the Heron’s Nest:


 



 

Arlington
the tulips
wide open 

 







rain-streaked windows
    how to paint
    the finch’s song

 

 


 

 

 






pull of the moon
I am not myself
tonight

 

 

 

fallen sycamore —
the chess players move
to another tree

 



 

dandelionClock


 





daffodil shoots–

all these years

as an accountant

 

 

 



drifting seed fluff . . .

the rented horse

knows an hour’s worth

 

 


 

 

 

 

evening light
a loaf of bread
on the cutting board

 

 

 

 






fresh snow
for the hands,
for the face

 


 

 

 

MardiGrasN  There’s one big difference between The Heron’s Nest

Mardi Gras celebration and traditional ones: THN will still be feasting

on Ash Wednesday — with its first edition of 2006 (Vol. VIII). Check

it out on March 1st.

 


tiny check  By the way, in April, THN‘s first annual paper edition

will be published, containing all of the poems that

appeared online in 2005, plus the Reader’s Choice

Awards result.  It’s only $15.  Details here, in the left-

hand margin.

 

p.s. dagosan didn’t win any THN awards this year, but still felt like a

winner a year ago, when this poem appeared in Vol. VII: 1 — his

very first haiku in a haiku journal:

 







alone —
hugging
warm laundry

 

      david giacalone

 

 

LanoueSelf On Feb. 17, we wrote that New Orleans resident

David Lanoue planned to go all out this year celebrating Mardi

Gras post-Katrina.  We hope the good professor has a great

time and brings something more than a headache to his

creative writing class on March 1.

 

 



somebody’s little sister

     Bourbon Street

        stripper

 

 

 







the city recovers
restaurant
by restaurant

 

the city Care forgot
is drowning, Care
remembered

 

 


                                                                                         MGstuff

 

too much to read, too much to write

Filed under: pre-06-2006 — David Giacalone @ 1:42 am


I may have to stop reading Blawg Review every week. No, it’s not

because of its cutesy title.  It’s far more practical: The darn “carnival”

of law-related weblogs keeps adding to my to-do list of things to read

— and then, naturally, of things to write — at a pace that can never be

accomplished.

 

computer weary

 

For example, Sean Sirrine hosted Blawg Review #46 at DeNovo this

week, and there are simply too many recent postings that sound inter-

esting and/or entertaining, not to mention the must-reads.  (Go, see for 

yourself.)  I used to hope that Blawg Review would introduce me to one

brand new weblog each week.  Now, to be honest, I hope it tempts me

to read no more than one or two postings each week. 

 

This week, I’m going to check out Bruce MacEwen’s look at 

BigLaw in 2015, at Adam Smith Esq. and follow the pointers

at David Jacobson’s Other Interests weblog, regarding the

lack of optimism among lawyers. (By the way, David surely

doesn’t have to worry about low-esteem — check out his

About page and “signature strengths.”)


carCoupeG However, I wish I hadn’t clicked on the AutoMuse

link at BR #46.  To save myself aggravation, I am going to refrain

from explaining antitrust law, competition policy, monopoly 

power, conspiracy theory and consumer choice and welfare,

to E.L. Eversman, who seems to be a little confused in a post on


weblog can educate old E.L. — including pointing out why the issues

raised are not really caused by the McCarran-Ferguson Act’s antitrust

exemption for the business of insurance.  This former antitrust lawyer

(who spent a lot of time trying to get rid of that exemption) just hasn’t

got the time or the energy.

 

Link Love?  No thanks.  Before leaving the topic of Blawg Review, I want to

respond to Sean Sirrine’s plea that we all start “giving out permanent links” to

eachother again.  Sean wants us to put more weblogs on Blog Rolls, when we see

a post that is well done.  He likens the process to tipping for good service. 

 

Sorry, it’s not for me.  Perhaps it was because Blog Rolls seemed so gimmicky

when I started weblogging (meant to create a clubby feel and to goose search engine

placement), but I have never had one and don’t plan to start.  As the number of law

weblogs multiplied, it became impractical to keep a list of every weblog that seemed

worth a look.  And, once a list is started, pruning out the deadwood becomes rather

touchy, and distinguishing between their quality and scope is impossible.

 

                                                                                                laptop in bed

 

Sean worries about law-oriented weblogs becoming static and “talking about the

same things,” but I still see lots of topics and choices — while wanting the best

weblogs to keep doing what they do best.  Perhaps, this gets back to my opening

theme at the top of this post: Who has time for reading ever-more weblogs?  When

do law students study?  When do lawyers practice law?  When do they have lives

away from their computers? 

 

There are many ways for those in search of new weblogs to find them.  Browsing

long and un-annotated blog rolls — created by bloggers who are promiscuous with 

their Link Love — seems like one of the least efficient ways to do so.   Taking a

look at the weekly Blawg Review is a pretty good place to start — but don’t feel

you have to “Read them all,” like Sean says.   You don’t have to catch every

fish in the sea.

 


 “MGStuff”  Brevity is one of the best things about haiku.  Here to

show you how to do it right is composer-professor-poet Hilary Tann:

 



on his daily walks

my father’s steps

shorter now

 

 








hotel room –

trapped

in reflections

 

 

“MirrorG”

 

 



queene anne’s lace

   the tiny

       dark heart

 

 

 

 

 

first

snow

then

rain

then

snow

 

 







first date

she buys an extra

lottery ticket

 

 

 

above the embers

   fireflies

     and stars

 


 

                                                                                             iglooG

February 27, 2006

a spidey-tale in the schenectady jail

Filed under: pre-06-2006,Schenectady Synecdoche — David Giacalone @ 12:29 pm

You may have heard on Friday that the famous Wall-Crawler will be dressed

in a new black costume, in the 2007 Sony film “Spider-Man 3,” instead of his

old, nerdy red and blue suit. Here in Schenectady, NY, we had a Spidey of

our own this week, but he was dressed in bright prisoner orange. [articles

and local comment collected here]

 

The Schenectady County jail is right next door to our main County Office Building

and courts, at the edge of our downtown district, and a little over a mile from my

home. Operated by the Schenectady [NY] County Sheriff’s Department (SCSD),

and Sheriff Harry Buffardi, the jail had its first escape since 1987. The story would

be rather entertaining, if it didn’t suggest quite a bit of ineptitude in an agency that

is important for public safety.

 

OrtizGaz Edwin Ortiz

photo: P.R.Barber/Gazette

 

The star of the show is 41-year-old Edwin Ortiz, who has been out of prison only

about half a year out of the last 20. When released in March 2005 from a Penn-

sylvania prison, he and his girlfriend (Rhonda L. Nickell-Spearman) went on an armed

robbery spree that ended last October in Schenectady, after a dangerous, high-speed

vehicular chase. At that time, he allegedly threatened to kill the arresting officer, saying

he would not be taken alive. His jailors soon learned that Ortiz had escaped from a

Pittsburgh juvenile detension center in 1982, using a knife to threaten his “house mother.”

After his arrest, Ortiz admitted to gun-point robberies in Herkimer County, Syracuse,

Philadelphia, New York City, Erie, Pa., and Bergen, N.J. (Newsday/AP, Feb. 22, 2006)

tiny check Sheriff Buffardi has had a distinguished career in SCSD,

rising from jail guard to Sheriff, and has written a well-regard-

ed History of the Office of Sheriff. Given Ortiz’s history, Buffardi

assured the public this week that “we had him on extraordinary

watch.”

jailNeg

 

Tuesday night, however, it was Ortiz who acted extraordinarily. From news stories,

including interviews with Ortiz after his capture, here’s a quick summary of the

tale [see “Inmate Escapes from County Jail: authorities consider man dangerous,”

Schenectady [NY] Gazettte, by Kathleen Moore, Feb. 22, 2006, $ub. only, but, repro-

duced here; “Jailbreak details provided;” Gazettte, by Steven Cook, Feb. 23, 2006, re-

produced here, at Reply 8); “Ortiz talks; Buffardi stews,” Gazettte, by Steven Cook,

Feb. 24, 2006,r eproduced here, at Reply 12); “No plan doomed fugitive: Edwin Ortiz

details desperate attempt to flee . .,” by Jordan Carleo-Evangelist, Albany [NY]

Times Union, Feb. 24, 2006; CapitalNews9, “Inmate who escaped now in police cus-

tody,” Feb. 23, 2006]:

jailFence The recreation area of the Schenectady County Jail , which is

located on the roof of the jail’s kitchen — surrounded on three sides by building

walls and on the fourth side by a fence; it is also enclosed on the top by fencing

that is 35′ above the ground.

 

About a month ago, Ortiz “noticed a flaw in a chain-link fence obscured from

the lone guard by a steel beam. An assiduous runner, Ortiz said he kicked the

fence as he jogged past everyday, jolting it free from a broken hook.” [TU] He

also began a vigorous exercise routine (running in place in his cell and deep-

knee bends, accourding to Buffardi) and a weight-loss program.

Ortiz later told the TU that he plotted to exploit a weakness in the

jail’s rooftop exercise yard, convincing himself that even plummeting to

his death in the attempt would be better than never seeing freedom again.

 

Sheriff Buffardi BuffardiH

 

According to CapitalNews9, Sheriff Buffardi “said he knew the fence

was loose in the rec yard but he never imagined an inmate could get

out.” However, Buffardi told the Gazette that “the rec fence was com-

promised and that went undiscovered.” The Sheriff assures County

residents that fences will now be checked regularly.

At 5:08 PM, on Feb. 21, 2006, Ortiz and a group of prisoners were escorted to the

jail’s recreation area. Ortiz recalled to the TU reporter:

As dusk approached Tuesday “I paced the yard for a couple of minutes to

hype myself up for the jump,” Ortiz said, knowing what was ahead. Then

he slipped his fit, 5-10 frame through the hole and scaled the cage unseen

by anyone except fellow inmates, authorities said.

 

OrtizTU Edwin Ortiz

by Lori Van Buren/Times Union

 

Standing on top, 35 feet above the pavement, Ortiz said he briefly contem-

plated the 10-to-12-foot gap that separated him from the roof of an old

dormitory. He stepped back a few feet and made a running leap, crashing

onto the adjacent roof and spraining his ankle. He then had to scramble

to different levels of that roof to reach its lowest point, where his grip slipped

and he fell 12′ straight to the ground, again hurting his ankle — an injury that

would hobble him during his tour of the “Electric City.”

Like the “real” comics-movie Spiderman, who often acts without a plan (or enough

spidey-web), Ortiz found himself “A fugitive in a strange city, injured and searching for

railroad tracks so he could hop the first train ‘anywhere out of Schenectady’.” Also,

like Spidey, he shrugged out of his work clothes and was running around in under-

wear (wearing a sweat shirt, long johns and boxer shorts). Oritz says he had no

inside or outside help, and merely found (in a bag on State Street, our main down-

town thoroughfare) the jeans, jacket and other clothes he was wearing when captured.

Sheriff Buffardi is quoted saying: “We did not anticipate that he could make

this miraculous spider-man-like jump from the top of the recreation area to

the top of another building 12 feet away.” (CapitalNews9, Feb. 22, 2006)

 

Buffardi told the Gazette: “I can understand his reluctance to divulge the

people who were helpful to him.”

handcuffsG

 

Ortiz hobbled off, after his escape, believing that he probably had a 15-minute head

start. However, he didn’t realize that he was dealing with SCSD. Here’s what was

going on inside the jail:

6:12 p.m: the other inmates were escorted back to their cell blocks from

the rec yard and an officer recorded Ortiz to be back on the floor

 

– that same officer, who was required to make his count by visual

inspection of each inmate, recorded Ortiz (who was, after all, “on

extraordinary watch”) as present in the cell block 5 additional times

in the next hour

 

7:15 p.m: according to the officer’s log, he finally realized that he was

one man short.

escapeCount

“Forty-two, forty-fwee plus one missing,

that makes forty-four!” [Gazette, Feb. 26, 2006

orig. at 14]

7:38 p.m. : said officer gets around to notifying his supervisor of the

problem

“tinyredcheck” Because Ortiz had supposedly come in from the rec yard, and

no one could conceive of an escape off that roof, almost three

hours were spent looking inside the jail for Ortiz. “We took apart

every wiring conduit. We had to get keys to locks we haven’t

opened in years,” Buffardi said. . . . “Then we found the breach

in the recreation yard fence,” and realized they had an escape.

(Gazette, Feb. 22, 2006, B1)

9 p.m.: neighboring police departments alerted;

 

10:15 p.m.: general alarm sounded of the escape

Ortiz9

 

Although Schenectadians went to bed Tuesday night, and awoke Wednesday

morning, knowing that a dangerous felon was at large, the Schenectady Gazette

went to bed with an edition that told of the danger in a lengthy story, but did not

bother to run a picture of Edwin Ortiz. TV stations did run photos on their local

news shows on Tuesday night.

 

The residents of Schenectady County were lucky. Ortiz had escaped into a city

he did not know, where he had no personal contacts; he was also very cold and

confused. (When he found the apartment of a girlfriend of one of his prison-mates,

she slammed the door in his face and told him where he could find some Puerto

Ricans) Nineteen hours after his escape, Ortiz was captured, only ten blocks from

the jail, and without injuries to the arresting officers. He apparently committed no

crimes while loose. [You can see a video interview in which Ortiz says the brief

escape was worth it. WNYT13, Feb. 23, 2006]

 

Luckily, Ortiz had no guns or other weapons. He told the Times Union reporter:

“I wish I would have had a gun yesterday. Just to shoot it out … to get

lucky and not have to face it anymore. . . . Guys who are facing the rest

of their lives in jail, I don’t know what holds them back.”

jailNeg

 

The TU reporter got it right:

In addition to a cinematic jailbreak story, Ortiz’ 19-hour vanishing

act has left serious questions about security at the downtown jail.

Chief among them is how a veteran guard counted Ortiz as being

in his cell block six times in the hour after he’s now believed to

have escaped.

At this point, both an internal investigation and one by the state Commission of

Correction are continuing. Sheriff Buffardi says that any disciplinary action against

the [so far unnamed] guard, who repeatedly miscounted the inmates, and others,

would stem from those investigations.

 

update (March 3, 2006): See quick, count to six, to learn that deputies Gerald

Treacy and Jayme Paul were fired for their negligent counting, and more. Per the

Gazette (“Sheriff fires 2 after jail escape,” by Steve Cook, March 2, 2006, repro-

duced here, reply 15):






“There were supposed to be six inmates on Ortiz’s


tier, [Sheriff Harry] Buffardi emphasized.



‘I don’t think it’s a difficult or tremendous burden


for us to require a count to six people,‘ Buffardi said.”

 

jailbird neg

 

 

Prison fence:
the razor wire glints
with first light

 

George Swede Simply Haiku (Sept. 2003, I:3)


restored prairie . . .
where the grasses end
the prison’s outer fence

postal chess —
he moves me
from his cell

rook horiz

winter sun begins
to warm the steering wheel
prison visit day

another Christmas . . .
my parents visit
the son in prison

lee gurga from Fresh Scent (1998)

SpiderManBlackF

 

February 26, 2006

happy birthday, dad!

Filed under: pre-06-2006,q.s. quickies — David Giacalone @ 7:24 pm

DadMay05s [larger] Today is my father’s 87th birthday. Arthur P. Giacalone was born in Lodi, NJ, to Italian-immigrant parents, on Feb. 26, 1919. For most of his working life, “Art” was a “mail man” for the U.S. Post Office (on walking routes in neighborhoods in Rochester, NY). In retirement, he drove a school bus until hitting the maximum age limit of 70. (With his perfect safety record, why didn’t his two lawyer sons fight that ageist rule? He probably would have told us to mind our own business).

I wish it were possible to give Dad his good health back. Instead, the best I can do is to let him know how much his three children, his wife, and his five grandchildren love him, and appreciate how hard this humble man worked to raise his family and set us off into the wider world.

Click here to see my Dad with his three children on Easter 1954.dadEaster54s

 

  And click here to see him in 2005 with his two youngest grandchildren. 

 

I’m a lucky man to reach the age of 56 and have both of my parents alive. Dad, as always, I send my love and wish you all the best.

My friend Yu Chang has written many poems that set an appropriate tone today.

 

old passport
the tug
of my father’s smile

pumpkin patch —
this one is big enough
for my son

winter woods
seeing myself
in black and white

early bird special
rubbing elbows
with strangers

old birch
the cracked heart
still shows

winter solstice
so glad
you got home safely

mountain lake –
basking
in your reflection

………………….. Yu Chang – all from Upstate Dim Sum
“old passport” – (2001/II); The Loose Thread: RMA 2001
“pumpkin patch” & “winter woods” – (2005/I)
“old birch” – Upstate Dim Sum (2001/I)
“early bird special” – (2004/II)
“winter solstice” – (2005/II)

dagosan has penned a few, too, that are dedicated to Art Giacalone.

WWII
dad rather not
talk about it

dad’s 87th birthday
emphysema
and dementia

visiting parents —
faces and refrains
gettin’ old

rainy night drive —
squinting at glare
through dad’s eyes

[haiga here]

that little grunt
dad always made–
putting on my socks

frogpond (XXVIII: 2, 2005); inside the mirror: RMA 2005

……………………….. by dagosan

February 25, 2006

wallace & rushdie, stevenson & hall

Filed under: pre-06-2006 — David Giacalone @ 10:29 pm

My friend George Wallace at Fool in the Forest tries to keep

his “personal and cultural” weblog apolitical.  However, he is

willing to head out on the choppy seas of political punditry in

pursuit of a bad pun.  Thus, a few days ago he opined on the

Dubai Ports World controversy, in order to use the headline:

Scubai-Dubai To-do (Feb. 22, 2006).  Having stuck his neck

out that far, George decided to rally on the side of freedom

of speech regarding publishing the Danish cartoons of the

Prophet.  George says:


HideGoTree  “I am inclined to be an absolutist when it

comes to matters of free speech and free expression,

let it gore whose ox it may.  On that score, I quote

approvingly this weekend commentary from Colby Cosh:


“What I want to know is, how come our other

constitutional freedoms are never hogtied and

thrown onto the psychoanalyst’s couch like this? 

. . .

 

“But let anyone exercise freedom of the press, or

freedom of speech, and suddenly his motives are i

nterrogated — suddenly the ‘right’ is only available

to the well-meaning, which is to be defined none

too broadly.”

I left a lengthy Comment disagreeing with George (and Colby),

George replied thoughtfully, and I responded (not persuaded

by George’s quoting from William Bennett and Alan Dershowitz

in the Washington Post).

 

                                                                             watch step sign

 

       Now that we’ve had a little more time for reflection and the

(totally unjustified) violent riots have died down, it would be

great if others joined the discussion.  It seems to me that no rea-

sonable person in the Western World is questioning the right

of Flemming Rose, editor of the Danish Jyllands-Posten, to

publish those cartoons.  We have been questioning the wisdom

or appropriateness of the decision to publish.   As I noted at

Fool in the Forest, having the right is not the end of the decision-

process for responsible citizens, publishers, speakers: 


When exercising the free speech right is likely to lead

to violence or great offense to others, I would hope that

there would at least be a balancing of interests — what

is the benefit from exercising the right, and what are the

probable ill effects? Saying the benefit is proving the ex-

istence of the right is not particularly useful.

 

newspaperS

 

Since the cartoons say nothing that could not have been

said (much better) with words, and they would predictably

offend even moderate Muslims (who would not dream of

reacting with violence), their original publication makes little

sense to me. Re-publishing makes even less sense. No

matter how shocking or tame, republishing in the USA adds

little to the discussion — Muslims will still be offended; all but

extremists will condemn the violent reactions; and, more people

are very likely to be victims of violence at the hands of extremists.

What do you think?


tiny check  Although I think Colby Cash has greatly exaggerated the

threat to free speech (especially since that right exists vis-a-

vis the government, not as protection from the opinion of private

persons), I heartily agree with him that the United Church of

Canada was completely off-base concluding — with nothing

but speculation to support their claim — that the only reason

the cartoons were published is “simply racial hatred.”

 









empty bottle

a few words

I would like to take back

 


 

tiny check With George Wallace on my mind, I should point you

to his Declarations and Exclusions, an insurance-oriented 

legal weblog, where he has started a new feature called

Beyond the Bar — which will have George’s gleanings from

non-law-oriented weblogs that seem to be worth a look by

lawyers. The first selection for BtB is a post from 3quarksdaily 

by Michael Blim, who teaches anthropology at the Graduate

Center of the City University of New York. Blim examines the


the U.S. Supreme Court.   

 

update (Feb. 26, 2006): Speaking about free speech in a

“free country”, please check out this tale of police station

intimidation when an undercover reporter tries to get a

complaint form in Miami. cbs4.com, “Police State Intimidat-

ion,” Feb. 4, 2006 (via Mike Cernovich).  I don’t think this

could have happened in Schenectady.

 

“rushdieNYT”  salman rushdie

from nyt

 

tiny check  In thinking about the free speech issues raised by the Danish

cartoons, and wondering when it is wise to speak up against bullies

who are prone to react with violence, I naturally thought about author

Salman Rushdie, who was placed under a death fatwa, over the sup-

posed insults to the Prophet in his novel Satanic Verses.  In so doing,

I remembered my own connection with Mr. Rushdie. 

 

Two weekends ago, I finally got around to trying the Facial Recognition

software demonstration at MyHeritage (which I learned about through

Bob Ambrogi).  You can upload a photo and the MyHeritage folks will 

compare it with a data base of 2500 past and present celebrities.” 

You are then told which celebrity you most resemble. 

 

                                                                                                DAGMay05 

 

Well, I submitted this 2005 photo, and was told that I most looked like Salman 

Rushdie — based on a photo of Rushdie where he, unlike me, has a beard. 

I then tried a 1980 photo of myself and was told I most resembled Harry 

Houdini.    A week later, my same 2005 photo was matched with Colin

Powell.   Interesting.  (Back around 1980, one of my best friends remarked

that I looked like whichever ethnic group you most disliked that week. In 

1970, I was told I looked like “Omar Sharif on acid.”  Omar and I were both

a lot younger then.

 

I had a lot of fun with MyHeritage.  Three female friends of mine were very

pleased to hear that they looked like Julia Roberts, Katherine Hepburn,

and Isabella Rossellini.  I was a little surprised that a male friend, despite

his mustache, most resembled  “The Little Flower of Jesus,” St. Therese

de Lisieux.

 

 









 
 

under the

blackest doodle

something unerasable

 


erasingS

 

 


 

 

 



their laughter

is not about me

but would sound

just like that

if it was

 


“empty bottle”& “their laughter” – Quiet Enough (2004)

“empty bottle” – Upstate Dim Sum  (2002/I)

 


sunglassesG  Now, it’s time for something non-controversial.

The excellent haiku of Carolyn Hall:

 


 

sudden gust?

the book opens to a poem

I like even better 

 

 







icicles drip on the sill

   a pile of bills waiting

        to be paid

 

 

 

            winter sunset

        in the shrimp boat’s wake

pink pelicans  

 

 

 

 

 

                                                      sunglassesR

 

 

 

over the top

of my sunglasses

blue sky    

 

 

 

 







spilt milk

spreading along the grout lines

morning chill

 


 “spilt milk” – Heron’s Nest (11:5, May 2000); A New Resonance 2

 “icicles drip” – Acorn 3; A New Resonance 2:

“winter sunset” – The Heron’s Nest (II:5, May 2000)

“sudden gust” – The Heron’s Nest (II:10, Oct. 2000)

“over the top” – The Heron’s Nest (II:1, Jan. 2000)

 

                                                                                                                                          newspaperS

 

February 24, 2006

penalver questions bush’s culture of life

Filed under: pre-06-2006 — David Giacalone @ 6:55 pm

a Blue Light Special: coming soon to your law firm?

Filed under: pre-06-2006 — David Giacalone @ 5:42 pm


If any partners in your law firm get Harvard Magazine (on paper or by email),

you might want to intercept the current edition (Jan.-Feb. 2006), before they 

see an article reprinted in it from the Harvard Gazette.  By William J. Cromie,

it’s called When the Blues Keep You Awake: Blue light can reset your biological

rhythms,” (Harvard Gazette, Feb. 9, 2006),  Here’s the opening paragraph:


“Your eyes do more than see. Researchers at Harvard Medical School

demonstrated this by showing that your eyes are part of a light reception

system that can keep you alert when sleep starts to fog your brain. When

the researchers exposed people to blue light at night, this system imme-

diately increased their alertness and performance on tests.”

greater than eq blue 

 

Steven Lockley, an assistant professor at Harvard Medical School and a researcher

in sleep medicine at Brigham and Women’s Hospital in Boston. says:


“Men and women exposed to blue light sustained a high level of alertness

during the night when people feel most sleepy. These results suggest that

light may be a powerful countermeasure for the negative effects of fatigue

for people who work or study at night.”

So, if you think your billable-hour or fee-generation total is already too high, just

imagine what it will be when your firm buys a few Blue Light Special lamps or

cubicles.  If you’re late, and the managing partner has already seen the article,

maybe you can point out potential health problems and appeal to the firm’s moral

values:

 

                                                                                                             skaterSign


“Because blue light contains more energy than white, concern exists

that long-term exposure may damage the eyes. Too much blue light

might cause problems like age-related macular degeneration, progressive

damage to the retina common in older people. ‘This is a warning that we

should not just use blue light without thinking carefully about the timing

and duration of exposure and monitoring any routine exposure,’ Lockley

says.”

Sure, that should work.  Meanwhile, I can offer no assurance that the pushy 

associate down the hall isn’t bathed in blue light right this minute.

 

 

“uranusB”                                                                                                              

 

 

 


even the horses
sleep in light green
mosquito nets!

 

 

 

 





little snail, no different
asleep
awake

 

 


translated by David G. Lanoue

 



everyone asleep

except the one sleeping alone–

distant train whistles

 





 

 

 


summer dawn–

the curve of your body

under the sheets

 

 

 

 

 

 

snowbound–
firelight on the face
of the sleeping boy

 

 


my dream

awakens me . . .

I wake you

 

 



 

                                                                                         “BoxerSignB”

 

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