Quick: What’s the acronym for Centers for Medicare & Medicaid Services,
the federal agency formerly known as HCFA? If you said “CMMS” you
would officially be wrong (but see, One Look’s Acronym Finder). Instead,
you’ll find a “CMS” logo throughout the Centers’ website.
If you don’t believe the logo, “CMS” has made it easy to check further –
there’s a link in the Side Bar to an Acronyms Page, which offers a search engine
that features both simple and advanced acronym searches.
No kidding: A search engine just for relevant acronyms. Plus, another webpage
with an Acronyms List that is so long, they tell you:
Warning: Due to the size of the acronym list, you may experience a
long delay if you choose to view All Letters. We recommend limiting
your view to a particular letter. Alternatively, you can perform an
Plug CMMS> into the agency’s acronym search engine, and you are told “No
acronyms were found.” Try CMS> and you’re told “Centers for Medicare and
Medicaid Services.” That’s pretty definitive — only One M.
Well, this enquiringEsq wants to know why there’s a missing “m”.
– click to read all of this tale of the Axed Acronym –
March 31, 2005
someone else’slaughter:spring eveningone mirror for everyonethe rest stoprestroomday at the zoo —
the elephant’s shadow
in a small placeexcept “day at the zoo –” – The Heron’s Nest (March 2005)snowbankbecomingcompost[March 31, 2005]
I bet this AP/Houston Chronicle story, “Lawyer charged with prostitution: Schoolsofficial accused of offering services for sex” (March 25, 2005), out of Round Hill, Texas,will send guilty chills down the spines of far too many lawyers. The accused is 56-year-old lawyerAccording to the article:“Dawn Miller, chief disciplinary counsel for the State Bar of Texas, said exchanginglegal services for sexual favors could constitute a violation of rules barring ‘illegal orunconscionable’ fees.”I’d think this might also have a little to do with having the appropriate character to practice law.
- Does anyone out there think consenting adults should be allowed to barter sexfor legal services, without the law or bar counsel intervening? (It might helpreduce pro se litigation and increase access to justice.)
- I’m reminded of the old joke: “What’s the difference between a lawyer and a
March 30, 2005
a tissue box beside
the pay phone
the river dark
with old rain
John Stevenson‘s from Some of the Silence (Red Moon Press,1999).
empty coffee pot
[March 30, 2005]
Martin Schwimmer’s Between Lawyer’s post “How to Lawyer
and myself about how much a lawyer should say on a website about about the
inappropriate conduct of another lawyer. What Tom calls simple professional
courtesy I suggest sounds like professional omerta (an enabling silence that
keeps our dirty laundry in-house).
What the heck is H&K thinking? As LegalReader reports: “A Tampa lawyer has
been promoted to the top ranks of Holland & Knight just months after an internal
investigation recommended he be reprimanded for harassing young female colleagues.”
(see St. Petersburg Times, March 29, 2005)
The Federal Trade Commission announced settlement agreements today with
three major “debt services” operations, which the Commission had accused of scamming
consumers of over $100 million. The press release offers good lessons for practices to be
shunned by honest service providers and avoided by all consumers. Two consumer info
brochures are available online:
The prolific Marty Schwimmer is seeking your input: “Let’s talk about how
and why lawyers are hated. And let’s talk about whether lawyers can, through their
blogs, practice and promote judicious thought.”
March 29, 2005
end of the holiday
a square of pale grass
beneath the tent
first day of spring
all the fly-fishing books
out of the library
higher and higher
on the trampoline
“higher and higher” – tug of the current: Red Moon Anthology 2004; Haiku Canada Newsletter XVII: 1
“end of the holiday” – Acorn #3 (2001) & A New Resonance 2 (Red Moon Press, 2001)
“first day of spring” – A New Resonance 2
one small patch
of muddied snow –
the creek keeps rising
[March 29, 2005]
I haven’t meant to be slighting Steve Bainbridge the past few weeks,
but I’ll try to make it up to him and get to one of my favorite websites more often.
A quick look at his recent posts makes me opine:
- No matter what we’re told by the Vatican conglomerate that bought
Jesus Christ’s service mark, Jesus Was a Liberal, and no amount of
can change that fact.
- Is there anyone who doesn’t know just how tightly bunched together the top
tier of law schools is when it comes to quality? Do serious people (groan men)
really worry about a few rungs here and there on the Rankings ladder? UCLwhAt?
- About the Savings Rate: with the amount of debt so very high and so many Americans
having so little in savings or retirement plans, I’m a bit surprised that Prof. B. is taking
such a Alfred E. Newmanesque stance on our savings rate. Unless the formula Steve
pooh-poohs is not the one being applied to other countries, it seems highly significant
that Americans are so poor at saving compared to the rest of the developed world.
Another gem from my Referer Page: Judging from the number of results for the
Google search farting lawsuit>, Ted and Walter at Overlawyered need to start a separate
page for this particularly odiferous type of litigation, which may also merit an intellectual
Talk about naiveEsq! When we wrote about the chutzpah of Connecticut divorce
lawyer Gary I. Cohen last October, referring to the “Success Bonus” he was seeking, we asked
clear that he did a lot more than put his client on the spot (“Metro Lawyer Ordered to Return
$300,000 Bonus,” March 28, 2005).
“Gary Zimmerman claims that, when he balked at the high payout,
Cohen became angry and abusive, hung up the telephone on him,
and threatened to walk out of the meetings and “shelve” the settlement.
According to Zimmerman, Cohen and Grund stood over him and
forced him to wire $300,000 to each lawyer.”
The article also has interesting quotes by “renowned ethics expert Geoffrey C. Hazard Jr”
on the similarity between contingency fees and success bonuses. (via John at Legal Ethics Forum)
March 28, 2005
I’m a little tired from post-Easter traveling today, so maybe I missed it when I quickly
perused the ABA TechShow 2005 website. I’m wondering: When and how does the
conference treat the harnessing of technology to help lawyers serve clients better —
especially the less-than-sophisticated client (the average consumer and small business)?
“computer Weary” There are many sessions on avoiding malpractice when adopting new technologies,
which is an important topic that is more about averting lawyer pain than promoting client gain.
The TechShow also offers plenty of tips for honing “marketing” strategies that will attract premium
clients. But, I was hoping for a demonstration of interest in how technology can assist (and
prod) the legal profession to promote clients’ interests in both macro and micro ways — to bring
more efficient and less expensive legal services, along with more pricing and service options.
E.g., spotlighting the ability and potential of technology to support the Self-Help
revolution — so that clients can solve many legal problems on their own, or with
minimal use of lawyers (see our post); and exploring whether technology can make
“unbundling” more practical and available
None of the Educational Sessions appears to treat these topics. We might not expect
the corporate sponsors to care, but how about the ABA committees working on access to
the justice system for those with low or moderate income? Maybe the topic will come up in
Eugene Lee’s keynote address, where he’ll “discuss how the legal community can take advantage
of new technologies without having to dramatically alter the way they work.” [But, what's wrong
with a few "dramatic" changes?]
TechShow Chair Jim Calloway is aware of these and similar issues. Last October,
A. Robertson, LPM, Sept. 2004). So, I’m sure he’s tucked a few gems in the conference
Program, and that the ovesight has been mine, not his.
The Legal Ethic’s Blog‘s Ben Cowgill has set up a LEB Techshow webpage he hopes will be “a
valuable resource about the intersection of legal ethics and legal technology, using TechShow as
a springboard.” I don’t believe the intersection should take place solely at the “micro” level of
professional responsibility and legal ethics. Beyond the level of mechanical rules, it should go
deeper to the level of first principles regarding the profession’s duties to its clients and society.
Technology offers the chance to breathe life again into the listless cliche about putting the client’s
interests first. In the 21st Century, consumers want choice; they want to be active participants
in the design and implementation of the services they receive. They want information that will
permit them to understand risks and tradeoffs when making purchasing decisions. If the profession
truly believes that lawyers are the agents and clients the principals, it must be actively seeking to
harness new and evolving technologies in the service of all clients (not merely those sophisticated
and powerful enough to demand their rights), and not merely in the service of profits, or in the
preservation of lawyer prerogatives.
Technology can help lawyers better compete and innovate. But, doing so ethically is not just a matter
of following the minute ethical rules of the road. The ABA TechShow 2005 should be helping lawyers
comply with those rules of the road. But it should also be acknowledging and advancing a broader
focus and commitment on doing what is best for the client — on sharing the benefits of technology
with all who need legal services.
Let me know about any TechShow sessions and materials that serve these
broader ethical issues. I’d be pleased to find out that I’ve overlooked them.
up late with old friends . . .
my daughter and her blankie
out of the dark again
only the widow’s muddied shoes
on the back porch
on the shut-in’s coffee table. . .
fingers over each petal
her chocolate breath
mingles with mine –
snow mist –
tailgater in the mirror
our chilly hug –
[March 28, 2005]
March 27, 2005
1952: the giacalone sibs “sibsEaster52s
show off clothes and baskets (the 2-year-old
haikuEsq beams, on the R) Click for original photo.
1954: dad joins the gang for a fashion show
– and don’t forget mom!
“DiPEaster95s” 1995: easter in Rochester with Donna and the kids
2004: good egg James is holding on
2005: Lissa’s waiting for Easter and Spring “lissaBench”
We hope you make some special holiday memories today.
on the shut-in’s coffee table. . .
fingers over each petal
rom School’s Out (Press Here, 1999)
a piece of egg shell
in the sandwich
from A Piece of Egg Shell (Magpie Press, 2004)
more gray heads
at the easter meal –
purloined from the kids –
late but full
March 26, 2005
“Past due gray” If you’re a lawyer thinking about cashing in on the new bankruptcy laws,
by offering debt-reduction services to middle class consumers (who will be trying
to avoid bankruptcy), you might want to check out the Federal Trade Commission’s
press conference “to announce three law enforcement actions targeting deceptive
and misleading debt-related services.”
Also, see my suggestions on setting fees for debt-reduction to services.
Legal Reader pointed to a column by Mike Nichols (Milwaukee Journal Sentinel,
March 11, 2005) deriding pro se litigants as nutcases with “decoder rings.” Nichols didn’t
seem to have any actual information or insights to offer. Maybe he could check out
litigants [Challenge to Justice, Jan. 2004]. The NH Task Force had a slightly different tone
than Nichols: “They come into their court, on their own, with a conflict or change in their lives,
and they expect a resolution. That is their constitutional right. . . . Our obligation is to give these
citizens the help they want, need and deserve.”
Just because Prof. Volokh has ignored our very good advice
concerning the application of conspiracy theory to his weblog, doesn’t mean
that you should. (It’s a slow weekend, feel free to scroll down this page.)
“tinyredcheck” JurisPundit Jeremy Moore has devoted a lengthy post to the conversation
provoked by my podriahs-podcasting post yesterday. The caste of characters involved in the
e-mail thread includes Evan Schaeffer, Kevin Heller, Robert Ambrogi, Jeremy Richey, J. Craig Williams,
and George Wallace.
“easterEggF” Whenever I’m seriously considering driving to my hometown — which
is usually the day before a holiday — I think of our Honored Guest, Tom
Painting, another native son of Rochester, New York, who still lives
Tom is the well-known Rochester haijin (as opposed to your editor, the
neophyte). Thus, and to wit, you get a basketful of haiku from Rochester
(can you hear those flat a’s?), while I get a 4-hour drive, during which I hope
to have a memorable haiku moment or two.
Here’s your low-fat, no-calorie Easter treat from
the shores of Lake Ontario:
lose their heads
snow to rain
by the sound of it
For Tom, Easter means the passing of one season
and the bright start of another:
hangs from a nail
a full moon clears
the right field fence
“the flyswatter,” “the cattails” & “bases loaded” from the haiku chapbook piano practice
“sleepless night” The Heron’s Nest (March 2005); “divorced” – frogpond XXVII: 2
More precisely: Bad for the Hare Day.
While most of us are thinking good thoughts about the Easter Bunny
and hoping to find a basketful of yummy candies in the morning, I
thought you should know that there are evil people about who are badly
abusing Easter bunnies and their non-sectarian cousins (and that’s not
even counting the rabbit stew and rabbit feet folk).
Thus, in Bay City, Michigan, on March 18, 2005, “A 13-year-old attacked
an 18-year-old portraying an Easter bunny in the center of a shopping mall,
where the costume-clad man was waiting to pose for photos with children,
authorities said.” (AP/free press, March 21, 2005)
But, that may have been a copycat crime: The day before, right here in
Schenectady County, a shopping mall Easter Bunny was also attacked.
Don’t fear, though, it seems the culprit has been apprehended::
“David C. Velasquez, 16, was charged with third-degree criminal
mischief, a felony, and second-degree harassment, a violation, for
a March 17 attack on the Rotterdam Square Mall Easter Bunny,
police in Rotterdam announced Friday.
“Police said Velasquez jumped the bunny, causing $600 in damage
to the bunny’s suit. The man inside the suit, who has not been identified,
was uninjured. Police did not give a motive for the attack.”
CapitalNews9) I’m happy to be in retirement and unavailable to represent
young Mr. Velasquez, no matter what his sad tale might be. Fedster are you
As shocking those two events were (who knew you could do $600
damage to a bunny suit?), last year’s flogging of an Easter Bunny by
members of a Pennsylvania Church seems far uglier.
For a lighter treatment of man vs. bunny, see this retelling of
the Tale of Jimmy Carter and the “Killer Rabbit,” complete with
If you know someone who is thinking of buying a cute live bunny or chick as an
Easter gift, please have them read Real Animals Don’t Make Appropriate Easter Gifts
and these tips to consider. If your kids want a dog, let them practice caring for one
the scarecrow gets
a new straw hat
giant chocolate bunny!
when we were kids
it smelled bad –
decorating easter eggs
[March 26, 2005]
“ChocBunny” You know, you never outgrow your need for
. . . milk chocolate Easter bunnies.
I’m happy to say that Lissa & James encountered an
Easter Bunny last year, and left the poor creature intact. original photo.
March 25, 2005
Call me an out-of-touchable, but I am happy to remain at the bottom
(actually, outside) of the new podcast caste system. JurisPundit got it
right last week, asking What’s the Big Deal With Podcasts? (March 18,
“Basically they’re just short audio recordings of blog posts.
Why? Why would anyone do this? It just sounds like a horrible idea. . . .
Rather than amateur broadcasters, we’re listening to amateurs
pretending to be amateur broadcasters.”
I say this, despite my respect and even affection for many of the Blawgmins
yesterday by its acolyte-advocate Evan Schaeffer made me even more certain
that this is a “next big thing” that I can safely allow to pass me by:
“But the revolutionary thing about podcasting in these early stages isn’t
the content, but the way the content is delivered. Using software like
iPodder, the content is delivered to your mp3 device automatically.
Podcasting is TIVO for your iPod. You can choose what you want to
listen to and you can listen to it without having to sit at a computer. Not
only does podcasting give you more options than with radio, but the
content isn’t governed by the restrictive FCC-enforced rules that have
made ordinary radio so plain vanilla. And that content continues to
improve every day.”
Oh, Boy: something that’s kinda like radio, that I can listen to anywhere, but
with the 7 Banned Words included, and the quality level debatable! I’m in
that stage of life where I just don’t need to jump into every technology, just
because it’s new or popular. I’m also trying to buck the American mania-addiction
for putting sound into one’s ears every waking moment. Podcasting doesn’t jibe
with my needs and desires as a human being right now (no matter how much I’m
dying to know what a particular web personality sounds like).
casting no light
for me, an orphan…
As a weblogger, I visit other sites for content, commentary, and camaraderie.
I’m also pretty selective about which posts I read– like Ann Althouse, I do
a lot of skimming and skipping. (cf. Jonathan Gewirtz) A primary advantage
of weblogs is the information management that it gives us, including the easy
ability to decide if a post is worth perusal, to quote a passage in assent or
dissent, or to find it quickly at a later time. Podcasting might nurture a bit of
camaraderie, but facilitating the use and organization of information are not its
forte. For me, information is far better processed and preserved through written
text. And, I just don’t need a new form of audio entertainment right now.
Bob Ambrogi recently asked whether podcasting is the
next wave in CLE (LTN, Feb. 25, 2005). Personally, I’ve
always wanted some text to go with my CLE courses — on
paper or in pixel form.
Most of podcasting’s Blawgmin originally got into weblogging because
they are attracted to new technology and to being among the first-users.
They got into iPods because they have to have every new audio gadget
(or got one for Christmas) and love being awash in music. I’m no longer
in either demographic group and, frankly, I think there are a lot of over-40-
somethings on my side of the techno divide. Many of “us” only recently
became weblog writers and/or readers. Cluttering weblogs with podcasting
links, posts, and references — and taking away from the content and quality
of weblogs by spending time instead producing podcasts — is unlikely
to make weblogs appear useful and attractive to those outside the
Maybe we could just outsource podcasting to India (or did they export
the caste and characters to us?). Call me a Proud Podriah. Ignorance may
not be bliss, but silence sure can be.
p.s. Once again, I marvel that the legal highpriests of podcasting
have so much time to test and participate in all the newest technological
trends. Don’t their clients wonder when any legal work gets done?
Don’t their spouses rebel against being virtual single parents and
p.p.s. [update 6 PM]: Having re-read the original version of this post, I am
reminded of one very big advantage of podcasting: No Typos. My apologies
and thanks to those who read through it, despite my inputting difficulties. Looks
like I better go back to a bigger font size, or start using that new SpellChecking
technology. As always happens when I closely proofread an entire piece, I have
snuck in a few additional points or barbs. (Sure hope I haven’t created more
Thanks to Kevin and Evan for responding with their customary good
grace — and for creating a weblog that segregates law podcasting from
their other web sites. However, given some of the queries that keep
showing up on my referers page, I don’t entirely buy their notion that
“since I like it, I figured others will, too.”
update (March 25, 9 PM): Responses that I’ve gotten from interested webloggers have
convinced me that this lighthearted post needs some clarification: I have presented the
personal reasons for my lack of interest in weblog podcasting I do not have additional
time or energy to spend at other weblogs (or in producing my own), so I’m sticking to
written content and not exploring podcasts.
It should go without saying, that I am in no way suggesting that anyone
who enjoys podcasting, or wants to seek its entrepeneurial or pedagogic potential, stop
doing it — just as my dislike of beer doesn’t make me want to deprive others from enjoy-
ing it, but does mean that having a kegger is not a good way to get me to come visit.
I agree completely that podcastingcan be just as useful as any stored audio medium,
and offers a convenient mechanism for receiving the content. However, downloading
audio content is not exactly revolutionary in 2005, and RSS aggregation suggests a
commitment of free time for added listenting and browsing that I am not willing to make.
My life is full enough, that I can safely risk never knowing the joys of podcasting. If that
makes me an out-of-touchable, I humbly accept my karmic destiny.
JurisPundit Jeremy Moore has devoted a lengthy post to the
conversation provoked by this post. The caste of characters involved
update (March 29, 2005): See technogagdetophile Ernie Svenson’s admission that
“I’m definitely getting older, and I’m clearly losing my edge. That’s the best explanation
I can offer for my inability to achieve ‘tech-epiphany’ over the whole podcast revolution,”
at the new law-tech group weblog Between Lawyers.
of the mountains
watch out, kids!
don’t let those red mushrooms
cast a spell
podcaste pariah -
sees crosses everywhere
[March 25, 2005]
“tinyredcheck” This being Good Friday, it seems like an appropriate time to reprise two posts in which
we bestowed our JuDee Awards – the Judas Esqariot Award is given in recognition of exceptional
efforts to promote the financial interests of lawyers, while purporting to protect consumers
of legal services. JuDees have been awarded to Illinois and Maryland bar groups, and
to the NYSBA.
With all the fuss lately about new ethics weblawgs, I’ve been remiss in checking out Arnie
Herz’s legalsanity. My referer page reminded me to check it out today, and I was rewarded with two
posts (from March 23 and March 25) dealing with the lawyer’s need to improve relationship-building
skills. Arnie notes, “Law schools will go a long way towards fostering happier lawyers and a healthier
profession if they recognize and teach the human relations skills that are so vital to optimal lawyering.”
Martin Grace grudgingly reminds us that competitive prices are not always afforable prices.
Until yesterday evening, I had never met any of my Honored Guest poets
in person. A long dinner at an Indian Restaurant with John Stevenson was
even more interesting, thought-provoking and enjoyable than I had expected.
Being an audience of one for intermittent readings of John’s favorite haiku and
tanka was an unexpected treat.
I shouldn’t have all the fun. Here are three haiku by John Stevenson from
Quiet Enough (Red Moon Press, 2004):
she says she’ll have . . .
the tethered dog
watches the guide dog
enter a deli
March 24, 2005
a piece of egg shell
in the sandwich
Capoccia Scandal Update [D'oh! file]: The Bennington Banner reports that Howard Sinnott,
Andrew Capoccia’s former partner “teared up telling the jury he expects to be disbarred
for his crimes.”
“Seeing what I’ve done, I’m not sure I have, um,” he said, pausing and
looking down, “the character to practice law.” Sinnott pleaded guilty in
February to two felony charges of interstate transfer of stolen funds.
(Bennington Banner, “Sinnot takes stand in fraud trial,” March 24, 2005)
We argue here, that the “debt reduction services” cash-cow that created the illicit Capoccia-
Sinnott bankroll should have been stopped in its tracks five years ago, averting this major
“tinyredcheck” Shame-o-meter: I don’t know if Romolo Versaci will be deterred by e-shaming from pursuing
meritless vendettas against vulnerable adversaries, but I hope you will remember his case. Before
he decided he had to protect his reputation from an online reference to him as a “so-called lawyer,”
Attorney Versaci’s only internet presence was a listing in a lawyer directory. I just Googled
Versaci”>, and the directory listing is now the 72nd result, behind 71 links related to his much-
derided defamation lawsuit. Are we learning any lessons out there?
haiku pointer: check out Paul and Mary Mena’s photo-haiku combo on “signs of spring.”
March 23, 2005
Part I: Regular readers of this weblog know just how hard I struggle to avoid taking
cheap shots at the legal profession or otherwise annoying my valued audience.
Nonetheless, time and again, I am drawn into temptation by search engine queries
that send visitors to this weblog. Today, alas, my curiosity got the better of me, and
one link led to another, until — well, until this post happened.
An unknown querist came to f/k/a today, after Googling national hug a lawyer day>.
This site had the #14 result, due to this post, where I stated that “I was particularly
inspired to go hug a lawyer” by a lugubrious Public Relations radio spot from NYSBA,
entitled “The Rule of Law.” The query immediately made me wonder whether there
might actually be a Hug a Lawyer Day (and, if so, just who sponsored it).
Here’s what I learned:
Google was not able to locate a Hug a Lawyer Day, despite
the existence of Hug Your Cat Day.
However, “Hug-a-Lawyer Day” was #9 in David Letterman’s
“Top 10 Legal Holidays in Hell” (August 2, 1991).
Less surprising, April 12 has been designated “Vote Lawyers
Out of Office Day” (see Important Dates to Remember)
Update (March 26, 2005): July 14 is Shark Awareness Day.
We apologize, if you came here after listening to a podcast,
hoping to find out about Mug a Lawyer Day. Please ask
your friendly podcaster to enunciate better.
Because we once wrote a post questioning the grassrootedness of a rally on
behalf of litigators in Madison County, Illionois; and because we discovered the
existence of Bubble Wrap Appreciation Day, I have scrupulously attempted to
ascertain if there were any “Lawyer Appreciation Days” being celebrated in the
USA. Our results:
Lawyer Appreciation Day was #8 on Christian & Scot’s Top Ten
Rejected Ideas for a Holiday list.
Humorix predicted that — after lawyers sue to have calendar
equality for February (30 days instead of 28) — the new Leap
Day (Feb. 31) will be designated “Lawyer Appreciation Day.”
Squirrel Appreciation Day (Jan. 21)
Bubble Wrap Appreciatin Day (Jan 28)
Armenian Appreciation Day (April 3)
National Hair Stylist Appreciation Day (April 30)
Cow Appreciation Day (July 18)
Elephant Appreciation Day (Sept. 20)
Sunday School Teacher Day (Oct. 20)
I know these findings will hurt the feelings of many of my brothers and sisters at
the Bar. But, I’m rushing to get this post up before the end of today, March 23,
because — no kidding — today is Make Your Own Holiday Day. So, go ahead,
lawyers. Just for today, put your own interests first. Start that parade, we’ll whip
up a crowd and be right over. Honest.
so quickly they join
the human devils…
a long night–
the devil in my heart
come out and play
devil in me!
Part II. Those search engines have gotten us into trouble before. We just updated
our Inadvertent Searchee page, for the first time in 2005, and you’ll see that sickos
have landed at this website looking for Mellow Yellow, farting contests, naked
cheerleaders, Scarlet Pimpernels and more. How are we ever going to uphold our
ain’t a devil
ain’t a saint…
just a sea slug
the day is devilishly
a field of wildflowers
I recall the courtship
not the marriage
hers newer and taller
treeless downtown street
two spring robins
on a window box
skirts the ice floe –
our river rendezvous
mom’s voice long distance:
[March 23, 2005]
started a lengthy correspondence about legal ethics weblogs, pedagogy,
and enforcement, with a focus on solo practitioners. I think you’ll get the
gist of the issues from my quick comments here:
Legal ethics is definitely important enough to deserve its own weblogs
and it should be a part of virtually every law school course and every
Legal ethics is about far more than micro-rules. As Prof. Schiltz says:
First, a lawyer has to comply with the formal disciplinary rules
. . . . . But you should also understand that the formal rules
represent nothing more than ‘the lowest common denominator
of conduct that a highly self-interested group will tolerate.’ . . .
But complying with the formal rules will not make you an ethical
lawyer, any more than complying with the criminal law will make
you an ethical person.
Second, a lawyer must act ethically in his work, even when he
isn’t required to do so by any rule. . . . For the most part,
this is not complicated. Treat others as you wish to be treated.
Be honest and fair. Show respect and compassion. Keep promises. . . .
Third, a lawyer must live an ethical life outside of work. . . . But
being admitted to the bar does not absolve a lawyer of his
responsibilities outside of work — to his family, friends, community
and, if he is a person of faith, to his god. To practice law ethically,
he must meet those responsibilities, which means he must live a
I do not believe that Bar Council are out to get solo and small-firm practitioners.
There are plenty of non-conspiratorial reasons why so many disciplinary actions
March 22, 2005
it’s time for me to tell you about Ed Markowski. I think I’ve been procrastinating
so much with this introduction, because there’s just too many things I want to
say about Ed’s work. For example:
I can’t believe that no publisher has yet put together a full-length
volume of the work of this accomplished and prolific haijin.
I’m touched by Ed’s ability to present the joys and dignity of
blue-collar life, and the romance found in the mundane
moments of married life.
In addition to sharing samples from the body of fine 3-line haiku
that Ed has penned, I want to expose visitors to this site to his
“non-traditional” spacing and lineation. They demonstrate how
the haiku spirit can dwell in shapes that are far different than our
grammar school notions of 5 – 7- 5. [see yesterday's examples]
I can’t say if Erin Harte knew Issue 10 of her Haiku Sun e-zine would be its
last, but I know she chose well in dedicating the entire issue to the work of
Ed Markowski. Her explanation for the choice is one we can echo:
“In celebration of the new year, Haiku Sun is proud to feature the
Asian inspired poetry of Ed Markowski. Regular readers will be
familiar with Ed’s work. We can think of no better way to ring in
2004 than with an issue solely dedicated to this talented poet/ haijin
and his work. His ability to “push the envelope” of conventional Asian
form while staying true to its essence is what Haiku Sun is all about!
Enjoy Ed’s haiku, senryu, tanka, haibun and, as always, a few surprises.”
As usual, I’ve said too much. Get to know Ed Markowski from his haiku.
You’ll be glad you did (even if you have to tilt your head a little).
no one out…..
blows a bubble
lifting her spoon…
parting her lips…
a sudden shift
in my appetite
panties stillangry?atoppositeendsoftheclothesline boxers
– the above are from Sun Haiku (Issue X, Jan. 2004)
summer loneliness . . .
dropping the pop up
i toss to myself
(from the pinch-book pop up
tribe press, 2004)
(from roadrunner, V:1)
Quick Bio: Ed Markowski lives and writes in Auburn Hills, Michigan, and
is a lifelong Detroit Tigers fan (can you feel his pain?), as well as a loving
husband, father and grandfather. Click here to share his love of baseball.
When Prof. Bainbridge complained last weekend about excessive
government regulation in California (concerning supposed “dangers” from wild
mushrooms), Prof. Yabut said to himself, “Yeah, but, I bet Steve would
feel differently about wine-related consumer protection.” Well, looks
like Prof. B. is indeed no libertarian when it comes to Wine Labels.
Are consumers really going to mistake wine from “two buck rip-off artists”
for the highclass Napa Valley wines whose honor Steve wants to uphold?
And, is Parma, Italy, right to be irked over American-made “parmesan” cheese?
[March 23, 2005: Check our comments section for a good debate -- John Steele
thinks Prof. B. is being consistent; Your Editor replies. Please join in.]