f/k/a . . .

 

• 
  
  North Jay Street was once the home of a thriving Italian immigrant population.
  
  
  The children of those immigrants long ago joined the Brain Drain out of Schenectady
  
  
  County, or have moved to the City’s suburbs.  A handful of the original immigrants
  
  
  may, along with their devoted offspring, survive on the block. However, I have
  
  
  never seen any signs of life at the remaining half dozen residences.
  
  
• 
  
  Two years ago, the first prong in the Metroplex plan to “support an Italian heritage   
  
  
  neighborhood” came to fruition, when Cornell’s Restaurant moved its venerable
  
  
  and successful operation from another section of Schenectady to North Jay Street,
  
  
  thanks to almost $500,000 in Metroplex aid.

• 
  
      One beloved Jay Street bakery went out of business a few years ago.   
  
  
• 
  
  
  

  The image shown above is the newly completed Little Italy streetscape, crowned  

  
  

  by imposing entryway columns, and  financed with a $750,000 Metroplex grant. 
  
  
• 
  
  
  

  You can find a number of articles about our Little Italy here.

1. 
   
   After moving one restaurant to North Jay Street, Little Italy now boasts the following
   
   
   “Italian heritage” enterprises: One restaurant; one bakery; one spumoni shop.
   
   
2. 
   
   
   

   The other business addresses on North Jay Street include: two auto body shops, one

   
   

   boarded-up former strip club (previously a boarded-up Fire Station); one funeral home;

   
   

   one empty, former gay bar; and, at the far corner, a biker bar (called the Saw Mill).

                                                                                       

• 
  
  If you happen to be in the region — checking out, for instance, the lovely
  
  
  Little Italy 20 miles away in Troy, NY, come on over to Schenectady’s La Piccola Italia.
  
  
• 
  
  I checked: Issa has no spumoni haiku for me to share with you.
  
  
• 
  
  update (May 29, 2005): scroll down to read about chutzpah in Little Italy

“If you name it (and spruce up a little), they will come.”

…………………………. metroplexicus

Little Italy, Schenectady, NY [original image here]

I‘m sure there are some Schenectadians who think my musings about the local Metroplex Development Authority (as in the post local schmocal) manifest a certain lack of civic trust and hope. So, I thought I’d show my ethnic pride and tell you a little bit about our Little Italy — “La Piccola Italia” — which is one long block called North Jay Street, about half a mile from my home. (Click for Metroplex’s Little Italy General Project Plan.)

• North Jay Street was once the home of a thriving Italian immigrant population. The children of those immigrants long ago joined the Brain Drain out of Schenectady County, or have moved to the City’s suburbs. A handful of the original immigrants may, along with their devoted offspring, survive on the block. However, I have never seen any signs of life at the remaining half dozen residences.
• Two years ago, the first prong in the Metroplex plan to “support an Italian heritage neighborhood” came to fruition, when Cornell’s Restaurant moved its venerable and successful operation from another section of Schenectady to North Jay Street, thanks to almost $500,000 in Metroplex aid.

• One beloved Jay Street bakery went out of business a few years ago.
• The image shown above is the newly completed Little Italy streetscape, crowned by imposing entryway columns, and financed with a $750,000 Metroplex grant.
• You can find a number of articles about our Little Italy here.

There are no other projects planned yet for Little Italy. Having told you about all there is to know about Metroplex’s Little Italy Project to date, I have two True or False questions for you:

1. After moving one restaurant to North Jay Street, Little Italy now boasts the following “Italian heritage” enterprises: One restaurant; one bakery; one spumoni shop.
2. The other business addresses on North Jay Street include: two auto body shops, one boarded-up former strip club (previously a boarded-up Fire Station); one funeral home; one empty, former gay bar; and, at the far corner, a biker bar (called the Saw Mill).

Bonus question: True or False: The owners of the spumoni shop are trying to sell their business and building but may be asking too much money (hey, this is Little Italy!).

p.s. You, too, should feel proud, as your federal tax dollars are also helping to develop our Italian-heritage neighborhood. (Which reminds me of that great “walk-a proud!” joke about Joe DiMaggio.) Think hard and find the answers below.

Answers (you peeked!!). 1) True; 2) True; Bonus: True

Inspired yet? Our local newspaper had some suggestions for Metroplex in a recent editorial (Daily Gazette, “City needs to be aggressive in creating Little Italy,” Feb. 12, 2005, reprinted here at #4)

• If you happen to be in the region — checking out, for instance, the lovely Little Italy 20 miles away in Troy, NY, come on over to Schenectady’s La Piccola Italia.
• update (May 29, 2005): scroll down the page to read about Chutzpah in Little Italy.

by dagosan:

mom serves
grandma’s recipes –
Christmas Eve calamari

……………………………. [Dec. 24, 2004]

under nana’s afghan -
dreaming homemade
bread and meatballs

…………………………………. [Nov 30, 2004]

 

it’s over–

slicing his shirt

for the ragbag

 

 

 

overheated room

a scent of mothballs

from the open drawer

 

 

 

 

family vacation

in the museum corner

uncle’s hard kisses

 

 

Roberta Beary from frogpond  XXVII

 

 

 

• 
  
  by dagosan:  

a three-engine freight train

delays lunch –

two stomachs rumble

 

 

in the check-out

express lane

 . . . . . . . . in the check-out express lane

                           [Feb. 28, 2005]

  Frankly, my friend Carolyn Elefant sets the bar too low when it comes to

 attorney dishonesty toward non-clients.  Model Rule 8.4 deems lawyer fraud, dishonesty

and deceit to be “misconduct.”  Carolyn thinks persuading two colleagues to quit

their jobs to join a non-existent law firm shouldn’t even be a disciplinary matter.  

I wonder why Cynthia Sutherin is only getting two-years of probation.  Apparently,

so is her lawyer, who said:

“She’s grateful the hearing board has given her a chance to continue

to practice law.  It’s tragic in terms of its impact on the other people,

but (she) has tried to address the problem.”

Telling big lies to your colleagues and causing them much career disruption is

a very good indication of overall character.  Carolyn is right about one thing,

though: the two duped lawyers seem too credulous (non-diligent?) to be practicing 

law. 

 

  Has anyone heard whether court-appointed attorneys in Alabama have voted

on their threats to “strike” (to engage in unlawful joint boycotts) in their dispute over

overhead?  (via MyShingle)

 

“tinyredcheck”  At Legal Ethics Forum, Prof. Brad Wendel wonders about lawyers who recommend

tax loopholes to clients that they would not take for their own firms.   Could be analogous

to doctors who prescribe medications to patients (1) in order to appear to be worth the fee 

or (2) because the patient wants them - - in both cases, fear of losing the customer’s

business underlies the less-than-optimal advice.

 

   Happy First Anniversary to RiskProf weblogger Martin Grace.   We predict  “prof grace”

many more good years for one of our favorite weblogs — informative & (often) fun. 

 

Marc Chandler has infomed me that the Florida Supreme Court denied the   

request of the Florida Bar for oral argument in their 1-800-PIT-BULL case.   My guess:

dial 1- 800- 2AFFIRM.

 

 

 

it’s over–

slicing his shirt

for the ragbag

 

 

 

overheated room

a scent of mothballs

from the open drawer

 

 

 

 

family vacation

in the museum corner

uncle’s hard kisses

 

 

Roberta Beary from frogpond  XXVII

 

 

 

• 
  
  by dagosan:  

a three-engine freight train

delays lunch –

two stomachs rumble

 

 

in the check-out

express lane

 . . . . . . . . in the check-out express lane

                           [Feb. 28, 2005]

  Frankly, my friend Carolyn Elefant sets the bar too low when it comes to

 attorney dishonesty toward non-clients.  Model Rule 8.4 deems lawyer fraud, dishonesty

and deceit to be “misconduct.”  Carolyn thinks persuading two colleagues to quit

their jobs to join a non-existent law firm shouldn’t even be a disciplinary matter.  

I wonder why Cynthia Sutherin is only getting two-years of probation.  Apparently,

so is her lawyer, who said:

“She’s grateful the hearing board has given her a chance to continue

to practice law.  It’s tragic in terms of its impact on the other people,

but (she) has tried to address the problem.”

Telling big lies to your colleagues and causing them much career disruption is

a very good indication of overall character.  Carolyn is right about one thing,

though: the two duped lawyers seem too credulous (non-diligent?) to be practicing 

law. 

 

  Has anyone heard whether court-appointed attorneys in Alabama have voted

on their threats to “strike” (to engage in unlawful joint boycotts) in their dispute over

overhead?  (via MyShingle)

 

“tinyredcheck”  At Legal Ethics Forum, Prof. Brad Wendel wonders about lawyers who recommend

tax loopholes to clients that they would not take for their own firms.   Could be analogous

to doctors who prescribe medications to patients (1) in order to appear to be worth the fee 

or (2) because the patient wants them - - in both cases, fear of losing the customer’s

business underlies the less-than-optimal advice.

 

   Happy First Anniversary to RiskProf weblogger Martin Grace.   We predict  “prof grace”

many more good years for one of our favorite weblogs — informative & (often) fun. 

 

Marc Chandler has infomed me that the Florida Supreme Court denied the   

request of the Florida Bar for oral argument in their 1-800-PIT-BULL case.   My guess:

dial 1- 800- 2AFFIRM.

 

 

 

tourists talking

in several languages–

the glassblower exhales

 

 

 

 

 

 

 

moving day–

the coolness on my cheek

after the kiss

 

 

 

 

morning chill . . .

the bag of marbles

shifts on the shelf

 

 

Michael Dylan Welch  from tug of the current. 

credits: “tourists talking” — HPNC Contest 2003; “moving day”

Frogpond XXVII:1; “morning chill” - Presence 23

 

 

• 
  
  by dagosan:  

she offers a kiss –

sharing 

calories

 

[Feb. 27, 2005]

  Practicing what I preach (and preaching instead of practicing), I started a

discussion with John Steele of Legal Ethics Forum today, on whether legal ethics

complaints are too often meritless or too often ignored. 

“tinyredcheck” As I stated in an op/ed piece in 2003, and often since, I believe

the lawyer discipline system is woefully inadequate.  In the op/ed article, and at

LEF, I give some details of my failed attempts to get Andrew Capoccia disciplined

by the NYS bar ethics committees for practices and fees related to his so-called

“debt-reduction services.”  More details are here.  One reason Capoccia is on my

mind again is the fact that a federal criminal trial began recently in Vermont, in which

Capoccia is charged with massive fraud — for (big surprise) alledgedly cheating his

debt-reduction clients of $23 million.  If you like gory details – about sleazy lawyers —

see  “Fraud case reveals ‘deal with the devil’“  (Rutland Herald, Feb. 10, 2005).  (for

more, see Vt. AG press release)

• 
  
  By the way, Capoccia and his ex-partners called their practice
  
  
  “Law Centers for Consumer Protection.”
  
  
• 
  
  
  

  One good thing about being a legal ethics gadfly: Your

  
  

  posts never become anachronistic.  So, let me refer you

  
  

  again to Should Lawyers Control Lawyer Discipline? and

  
  

  HALT Suggests “A Better Way to Discipline Lawyers” from

  
  

  June 2003.

  Have you heard enough about Martha Stewart yet this week?

 

 

“Yesterday, more than 20,000 people perished of extreme poverty.”  So says

a NYT editorial today, which focuses on Africa’s woes.  It aptly reminds us:

 But in terms of the kind of money the West thinks nothing of spending,

on such things as sports and entertainment extravaganzas, not to speak

of defense budgets, meeting many of Africa’s most urgent needs seems

shockingly affordable. What has been missing is the political will.

 

I enjoyed reading today’s New York Times article on Jonathan Safran Foer. “foerLoudN” 

Foer is author of Everything is Illuminated, and his second novel is scheduled

for release in early April.  It’s called Extremely Loud and Incredibly Close, and

features Oskar Schell, a nine-year-old amateur inventor and Shakespearean actor,

whose father perished in the World Trade Center on 9/11.   Look for more Foer

humor, insight, fantasy, and humanity.  (yes, Jonathan’s dad is Bert, president of

the American Antitrust Institute)

 

 

tourists talking

in several languages–

the glassblower exhales

 

 

 

 

 

 

 

moving day–

the coolness on my cheek

after the kiss

 

 

 

 

morning chill . . .

the bag of marbles

shifts on the shelf

 

 

Michael Dylan Welch  from tug of the current. 

credits: “tourists talking” — HPNC Contest 2003; “moving day”

Frogpond XXVII:1; “morning chill” - Presence 23

 

 

• 
  
  by dagosan:  

she offers a kiss –

sharing 

calories

 

[Feb. 27, 2005]

  Practicing what I preach (and preaching instead of practicing), I started a

discussion with John Steele of Legal Ethics Forum today, on whether legal ethics

complaints are too often meritless or too often ignored. 

“tinyredcheck” As I stated in an op/ed piece in 2003, and often since, I believe

the lawyer discipline system is woefully inadequate.  In the op/ed article, and at

LEF, I give some details of my failed attempts to get Andrew Capoccia disciplined

by the NYS bar ethics committees for practices and fees related to his so-called

“debt-reduction services.”  More details are here.  One reason Capoccia is on my

mind again is the fact that a federal criminal trial began recently in Vermont, in which

Capoccia is charged with massive fraud — for (big surprise) alledgedly cheating his

debt-reduction clients of $23 million.  If you like gory details – about sleazy lawyers —

see  “Fraud case reveals ‘deal with the devil’“  (Rutland Herald, Feb. 10, 2005).  (for

more, see Vt. AG press release)

• 
  
  By the way, Capoccia and his ex-partners called their practice
  
  
  “Law Centers for Consumer Protection.”
  
  
• 
  
  
  

  One good thing about being a legal ethics gadfly: Your

  
  

  posts never become anachronistic.  So, let me refer you

  
  

  again to Should Lawyers Control Lawyer Discipline? and

  
  

  HALT Suggests “A Better Way to Discipline Lawyers” from

  
  

  June 2003.

  Have you heard enough about Martha Stewart yet this week?

 

 

“Yesterday, more than 20,000 people perished of extreme poverty.”  So says

a NYT editorial today, which focuses on Africa’s woes.  It aptly reminds us:

 But in terms of the kind of money the West thinks nothing of spending,

on such things as sports and entertainment extravaganzas, not to speak

of defense budgets, meeting many of Africa’s most urgent needs seems

shockingly affordable. What has been missing is the political will.

 

I enjoyed reading today’s New York Times article on Jonathan Safran Foer. “foerLoudN” 

Foer is author of Everything is Illuminated, and his second novel is scheduled

for release in early April.  It’s called Extremely Loud and Incredibly Close, and

features Oskar Schell, a nine-year-old amateur inventor and Shakespearean actor,

whose father perished in the World Trade Center on 9/11.   Look for more Foer

humor, insight, fantasy, and humanity.  (yes, Jonathan’s dad is Bert, president of

the American Antitrust Institute)

 

lightning–

the fly resettles

in the same spot

 

 

a moment of doubt—

looking her in the eye

in the mirror

 

 

 

first warm day–

a tile reseats itself

con the patio

 

 

   Jim Kacian from tug of the current.  

Red Moon Anthology of English-Language Haiku 2004  

(Red Moon Press, Jim Kacian, ed., 2005)

 

 

• 
  
  by dagosan:  

a huge yellow moon

our argument fogs

the windshield 

 

                                         

 

we all help

blow out the candles –

dad’s 86th birthday

 

[Feb. 26, 2005]

potluck

 

What does the word liberty mean?  Is it as simple as Tim Sandefur suggests 

in this posting and comments at C&F?

 

When I saw the Overlawyered headline “Demand for shaker abstinence,” I thought some

zealots had taken over Sabbathday Lake or Hancock Shaker Village and were calling for

stricter enforcement of the Shaker celibacy rules.   No matter what ATLA says, Mr. Olson has

a sense of humor — Warning: Take With A Grain of Salt, While You Still Can.

lightning–

the fly resettles

in the same spot

 

 

a moment of doubt—

looking her in the eye

in the mirror

 

 

 

first warm day–

a tile reseats itself

con the patio

 

 

   Jim Kacian from tug of the current.  

Red Moon Anthology of English-Language Haiku 2004  

(Red Moon Press, Jim Kacian, ed., 2005)

 

 

• 
  
  by dagosan:  

a huge yellow moon

our argument fogs

the windshield 

 

                                         

 

we all help

blow out the candles –

dad’s 86th birthday

 

[Feb. 26, 2005]

potluck

 

What does the word liberty mean?  Is it as simple as Tim Sandefur suggests 

in this posting and comments at C&F?

 

When I saw the Overlawyered headline “Demand for shaker abstinence,” I thought some

zealots had taken over Sabbathday Lake or Hancock Shaker Village and were calling for

stricter enforcement of the Shaker celibacy rules.   No matter what ATLA says, Mr. Olson has

a sense of humor — Warning: Take With A Grain of Salt, While You Still Can.

On Feb. 12, 2005, twenty months after ethicalEsq first stuck his nose into the blogisphere,

we finally have another weblog devoted to legal ethics — this time, with professors.  So, the

f/k/a “gang” give their heartiest welcome to Legal Ethics Forum, and its editor/contributors —

University of Texas law prof John S. Dzienkowski, Cornell law prof W. Bradley Wendel (cv),

and Berkeley (Boalt Hall) law lecturer, John J. Steele, who is also a practicing lawyer (and

former Master Sergeant). (via Point of Law)

 

                                                                                                                    Sgt. Steele, original here   

 

With ethicalEsq and Prof. Yabut back on emeritus/retired status, we’re pleased at the

thought of three active, healthy ethics professionals sharing information and ideas

regularly on the Web.  Here’s my unsolicited advice for the LEFers:

“tinyredcheck”  Please don’t forget the ethical issues that are important to the “average”

consumer of legal services (e.g., affordable fees; full information on rights

and options; access to justice, Self-Help and pro se advances; adequate

disciplinary systems). You can always click on our ethics resources page

for ideas (joining our “value billing” debate would be nice), or check our

daily potluck blurbs.

 

Don’t merely call for a discussion of legal ethics and the legal profession —

take positions, show some attitude.  Come on, you’re professors, at least

play devil’s advocate or issue-spotter!  [update: see Steele on Stewart for

some attitude.]

 

  Interact with the rest of the weblawg world.  If nothing else, regularly

check out Lisa’s roundup at Legal Blog Watch, and pick out a few other weblogs.

 

 Join the discussion — by responding at LEF and/or leaving Comments at other

weblogs.   For example, in the past few weeks, we all would have appreciated

your input on: 

- the definition of the “practice of law” and ULP, as raised recently by HALT 

in Georgia and Virginia, and by MyShingle concerning Illinois, and The

Common Scold regarding California.  (see our post this week)

 

- the appropriateness of Pape & Chandler’s PIT BULL logo.

 

- the valentine-divorce lawyer, and the resulting discussion of lawyer

fiduciaries and their duty to disclose options.

 

- the broader definition of pro bono services proposed by an NYSBA

committee;

 

- the reasonableness of contingency fees in light of the lawyer’s fiduciary

obligations to the client — at MyShingle and, always, at f/k/a.

 

- the adequacy of indigent defense systems [Gideon report]– and the

comparison of public defender and assigned counsel systems (see C&F). 

 

- how (much) to pay assigned counsel and whether they should engage in

“strikes” that are really unlawful joint boycotts.

Welcome again to Legal Ethics Forum.  I hope you’ll help make the concept of “ethical

lawyering” much more than a question of following least-common-denominator rules — and

help define what it truly means to always put the client’s interests first.

 

in the harvest moonlight
unruffled, unaffected
scarecrow

 

 

hazy night–
sake is flowing
waterfall and moon

 

 

if only she were here
for me to nag…
tonight’s moon!

 

 

Kobayashi Issa - translated by David G. Lanoue 

On Feb. 12, 2005, twenty months after ethicalEsq first stuck his nose into the blogisphere,

we finally have another weblog devoted to legal ethics — this time, with professors.  So, the

f/k/a “gang” give their heartiest welcome to Legal Ethics Forum, and its editor/contributors —

University of Texas law prof John S. Dzienkowski, Cornell law prof W. Bradley Wendel (cv),

and Berkeley (Boalt Hall) law lecturer, John J. Steele, who is also a practicing lawyer (and

former Master Sergeant). (via Point of Law)

 

                                                                                                                    Sgt. Steele, original here   

 

With ethicalEsq and Prof. Yabut back on emeritus/retired status, we’re pleased at the

thought of three active, healthy ethics professionals sharing information and ideas

regularly on the Web.  Here’s my unsolicited advice for the LEFers:

“tinyredcheck”  Please don’t forget the ethical issues that are important to the “average”

consumer of legal services (e.g., affordable fees; full information on rights

and options; access to justice, Self-Help and pro se advances; adequate

disciplinary systems). You can always click on our ethics resources page

for ideas (joining our “value billing” debate would be nice), or check our

daily potluck blurbs.

 

Don’t merely call for a discussion of legal ethics and the legal profession —

take positions, show some attitude.  Come on, you’re professors, at least

play devil’s advocate or issue-spotter!  [update: see Steele on Stewart for

some attitude.]

 

  Interact with the rest of the weblawg world.  If nothing else, regularly

check out Lisa’s roundup at Legal Blog Watch, and pick out a few other weblogs.