{"id":10487,"date":"2009-01-16T00:50:35","date_gmt":"2009-01-16T05:50:35","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/ethicalesq\/?p=10487"},"modified":"2011-08-05T14:53:12","modified_gmt":"2011-08-05T18:53:12","slug":"phoenixes-and-beginners-mind","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2009\/01\/16\/phoenixes-and-beginners-mind\/","title":{"rendered":"phoenixes and beginner’s mind"},"content":{"rendered":"

reprise<\/a> (from Dec. 13, 2007): \"\"
\nMarilou Awiakta says “I think most of what I learned about being a woman and a poet can be summed up in one poem”:<\/p>\n

On Being a Female Phoenix<\/strong><\/em><\/p>\n

Not only do I rise
\nfrom my own ashes,
\nI have to carry them out!<\/em><\/p>\n

by Marilou Awiakta, from Selu: Seeking the Corn-Mother’s Wisdom<\/em><\/a> (Fulcrim Publishing, 1993)<\/p>\n

\n

\"\" .. D<\/strong><\/em>espite my allergy<\/a> to Blawg Review<\/em><\/a> themes, so<\/a> many<\/a> people have mentioned Susan Cartier Liebel<\/a>‘s phoenix-themed version of Blawg Review<\/em> #194<\/a>, with its focus on innovation in the practice of law, that I had to head over there, even if belatedly.<\/p>\n

Although there’s nothing new about the f\/k\/a<\/em> Gang flying around from topic to topic, that’s what we’re gonna do in this post about fresh starts and fresh eyes.<\/p>\n

\n
\n

January storm
\nlast year\u2019s snowbank
\nslowly whitens<\/p>\n

\u2026\u2026\u2026\u2026 by dagosan<\/em><\/a><\/p>\n<\/blockquote>\n<\/blockquote>\n

\"\"<\/a> Kinky’s Presidential Phoenix<\/em><\/strong>:\u00a0 After Hurricane Katrina, former presidential candidate (and chronic comic, author<\/a>, and canine rescuer) Kinky Friedman<\/a> had a few words to say that I would like to recycle and edit slightly, as the GWBush Administration ends and Barrack Obama’s rises:<\/p>\n

A Message from Kinky<\/em><\/p>\n

I wish to express my sincerest sympathy to those who lost loved ones, homes, jobs or hope as a result of hurricane Katrina<\/span> [8 years with George W. Bush as President]. We should keep in mind that from every tragedy emerges valuable knowledge for our future, allowing us to correct those things that didn\u2019t work as well as they might have. There also arises a Phoenix-like renewal of faith in the human spirit, when people give of themselves and their resources to help.<\/em><\/p>\n

\n

\n
\n

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .<\/p>\n

unemployed
\nthe uneven edge
\nof a quahog shell<\/p>\n<\/blockquote>\n

a spring wind
\ncoins in the cup
\nof a sleeping beggar<\/p>\n

\n

\u2026\u2026. by paul m.<\/a>
\n\u201cunemployed\u201d – The Heron\u2019s Nest<\/em> Award<\/a> (Sept. 2005)<\/span>
\n\u201ca spring wind\u201d – The Heron\u2019s Nes<\/em>t (June 2000)<\/p>\n<\/blockquote>\n<\/blockquote>\n

\"\"<\/a> Chuck Newton on Clear Speech<\/strong><\/em>: Blawg Review<\/em> #194 and some of its fans have mentioned third-waver Chuck Newton’s weblog posting “Clarity (Or The Lack Thereof)<\/a>,” as a plea for lawyer innovation based on the use of plain English.\u00a0 Chuck says:<\/p>\n

“What is wrong with some lawyers (many lawyer) (maybe most lawyers).\u00a0 We are suppose to be the epitome of argument and persuasion, and we just lack clarity.\u00a0\u00a0 Argument is not the opposite of clarity.\u00a0 Clarity should be the basis for any good argument.”<\/p>\n

He then skewers a lawyer he calls Bob for his lack of clarity in a telephone conversation that related to a settlement negotiation, where “The Defendant had previously offered $2,000.00 to resolve the matter and I countered at $4,000.00.\u00a0 The cuss never had the resolve to call or email me back as promised, so I called him.”\u00a0 Here’s the core of the discussion:<\/p>\n

Chuck: “Where do we stand on the settlement offer”.<\/p>\n

Bob: “Presently, all I have authority for is $2,000.00”.<\/p>\n

Chuck: “What does that mean, Bob?”<\/p>\n

Bob: “What do I mean?\u00a0 I do not know how I can be more clear”.<\/p>\n

As an early proponent and practitioner of mediation, I agree with Chuck that gamesmanship is rarely good negotiation.\u00a0 But, I’m not at all sure that the problem with Bob was lack of clarity.\u00a0\u00a0 Here’s my take:<\/p>\n