f/k/a . . .

September 30, 2005

too much disclosure? (erin go bra!)

Filed under: pre-06-2006 — David Giacalone @ 12:21 pm

The f/k/a Gang has always been in favor of full disclosure by

lawyers and law firms (see, e.g., our posts on fiduciary duties,

retainer agreements, malpractice insurance, JD alma maters,

self-help resources). Longtime readers know that personal

injury and class action tort lawyers have often been the subject

of our disclosure lectures and dreams. Last night, however, we

started to wonder about the limits of disclosure — just how much

do we want to know or see?

 

magglass

 

Our journey into DDS (disclosure doubt syndrome) began quite

innocently last night — simply following a pointer from PoL’s

editor Walter Olson about the “Harvard School of Public Health

bestowing its Julius Richmond Award on glamour-puss toxic-tort-

chaser Erin Brockovich.” From Michael Fumento’s Town Hall column

on the topic, we came to the law firm profile page of Erin-Brockovich-

Ellis, at Masry & Vititoe, in Westlake Village, California. [A small,

b&w version of the bioPic is presented below.]

 

update (March 17, 2006): Ms. B is apparently no longer affiliated

with Masry & Vititoe. Her bio page is no longer available at the M&V

website. You can see a similar picture at her “official” site and on

the cover of her memoirs.

 

tiny check After the eponymous film in 2000 (which won Julia Roberts

a Best Actress Oscar in the title role), Ms. Brockovich-Ellis

is surely the world’s most famous (and rich?) paralegal.

 

  EBustovich larger  EBustovich

Just this week, we wrote two posts on selecting law firms. Back in

March, we also wrote about decloaking associates. Nonetheless, a

close look at the Brockovich profile page raises the question: Just

how much disclosure, decolletage and detail is necessary or useful

for the purpose of choosing a law firm? I’ve been a lifelong fan of

feminine buxomness (in the sense of definition 1b, and not 3., in

this dictionary). But, exposure and disclosure start to overlap in

Ms. B’s mug shot. Similarly, I like to know a little about the personal

life of people I might work with, but hearing about two former husbands

and jobs held for a few months, and minor beauty pageants, etc. etc.,

seems a bit much.

tiny check If you’re that interested in Erin’s life, try her 2001

memoir, which is available for as little as 23 cents

at the Amazon.com Marketplace. It appears that

the cover photo of the book was taken at the same

portrait session as her firm picture.

unaware of the thief’s
eyes, melons
cooling in water


Kobayashi Issa

translated by David G. Lanoue

 

So, I’m curious: (1) Does Erin Brockovich’s profile page make you ooh ooh

want to hire M&V? (2) Has her style of firm photo started a trend

among p/i or other law firms — among lawyers, paralegals, or other

support staff members? (3) Do Dennis Kennedy, Carolyn Elefant,

Kevin Heller, and Bruce MacEwen, who want more information on

law firm websites about associates, approve of the way M&V has

featured its famous paralegal? and (4) Is this website sweeps month?

 

I wonder what psychology professor and haiku poet

George Swede would think of all this?

 

through a hole

in the fog billboard girl’s

radiant face

 

 

 

 

 

one button undone

in the clerk’s blouse I let her

steal my change

 

 

penny sm penny sm

 

 

 

 

autumn clothesline

his and her pyjamas

frozen together

 

 

 

 

 

 

training bra

on the clothesline

half moon

 

 

George Swede

from Almost Unseen (Brooks Books, 2000)










fine print on her t-shirt -


she glares at me


for squinting



[Sept. 30, 2005]


magglassF



p.s. If you came here looking for the meaning of “erin go bragh,”


click on the link for the Encarta definition, which agrees with


other sources that the term is translated “Ireland forever!” but


notes in the etymology that it literally means “Irish until doomsday”


Wikipedia has further details, including the possible Scottish


roots of the phrase.









September 29, 2005

MOJ, please talk about gay priests

Filed under: pre-06-2006 — David Giacalone @ 8:58 pm

Since the news reports a week ago that the Vatican is about to ban

new gay priests, whether or not they remain celibate (see our prior

post), I’ve been hoping the thoughtful contributors at Mirror of Justice

would discuss the topic.  So far, there has only been one MOJ post,

which quotes at length from a column written by a gay and celibate

American priest, but offers no commentary.

 

maleSym Two days ago, a self-proclaimed “serious Catholic” sent me a link   maleSym 

to this article from a website called Spirit Daily, which was apparently written

by its editor Michael H. Brown – “If the Church Gets Tough — Very Tough —

with DEVIANCE, Pope Will Make His Mark.”   The sender declared that

“it is an excellent article, written with honesty and a clear understanding of

the Church’s teachings.” 

 

The message of the article is, to my mind, quite remarkable and sad.  After

declaring that homosexuality is a “deviance,” caused by “demonic” forces, 

the article states 


“the truth is that those who are homosexual grapple with a

disorder that requires deliverance. It is a spiritual issue. And

while they struggle with that disorder they do not belong in a

position of any spiritual authority.” 

After recommending a purge of homosexuality from the clergy, it concludes:

“We must purify the Church at all costs. Nothing else will work. A gay should

not become a priest. He should seek out a good priest for help and deliverance.”

 

To me, this message is hateful and not the least bit “Christlike.”   Jesus, who 

loved sinners, surely loved non-sinners who merely had tendencies – biological

urges and preferences apparently given to them by their Creator.

 

As a Catholic grammar school pupil, I was taught by nuns and priests that any

sin of a sexual nature — including  “impure thoughts” not immediately purged

from our minds — was a mortal sin (leading to eternal damnation if not confessed

before death).   I guess the Vatican believes that gays can never win the fight

against such impurity, and that merely abstaining from acting on the impulses

is not enough.   I would hope that this kind of thinking is quite worrisome to the 

thinking Catholic, even those who pledge their obedience to their Pope.


one third gray  It’s estimated that perhaps as many as 30% of

priests are gay.   For generations (centuries?), an adolescent

male’s lack of normal teenage interest in girls was seen by his

Catholic family and clergy as a sign that he might have a

“vocation” from God to enter the priesthood.  Ironic, huh?

As a former Catholic, I know my perspective may not be clear or objective

enough.  That’s why I hope to hear from practicing, serious Catholics on

this subject.  Help me understand.  Better yet, help your Pope avoid the

turning of an ancient form of fear and discrimination into a policy that should

have no place in the Church that claims to speak for Christ on earth.

 

                                                                                                                 Benedict16

 

 

 

MOJ, please talk about gay priests

Filed under: pre-06-2006 — David Giacalone @ 8:58 pm

Since the news reports a week ago that the Vatican is about to ban

new gay priests, whether or not they remain celibate (see our prior

post), I’ve been hoping the thoughtful contributors at Mirror of Justice

would discuss the topic.  So far, there has only been one MOJ post,

which quotes at length from a column written by a gay and celibate

American priest, but offers no commentary.

 

maleSym Two days ago, a self-proclaimed “serious Catholic” sent me a link   maleSym 

to this article from a website called Spirit Daily, which was apparently written

by its editor Michael H. Brown – “If the Church Gets Tough — Very Tough —

with DEVIANCE, Pope Will Make His Mark.”   The sender declared that

“it is an excellent article, written with honesty and a clear understanding of

the Church’s teachings.” 

 

The message of the article is, to my mind, quite remarkable and sad.  After

declaring that homosexuality is a “deviance,” caused by “demonic” forces, 

the article states 


“the truth is that those who are homosexual grapple with a

disorder that requires deliverance. It is a spiritual issue. And

while they struggle with that disorder they do not belong in a

position of any spiritual authority.” 

After recommending a purge of homosexuality from the clergy, it concludes:

“We must purify the Church at all costs. Nothing else will work. A gay should

not become a priest. He should seek out a good priest for help and deliverance.”

 

To me, this message is hateful and not the least bit “Christlike.”   Jesus, who 

loved sinners, surely loved non-sinners who merely had tendencies – biological

urges and preferences apparently given to them by their Creator.

 

As a Catholic grammar school pupil, I was taught by nuns and priests that any

sin of a sexual nature — including  “impure thoughts” not immediately purged

from our minds — was a mortal sin (leading to eternal damnation if not confessed

before death).   I guess the Vatican believes that gays can never win the fight

against such impurity, and that merely abstaining from acting on the impulses

is not enough.   I would hope that this kind of thinking is quite worrisome to the 

thinking Catholic, even those who pledge their obedience to their Pope.


one third gray  It’s estimated that perhaps as many as 30% of

priests are gay.   For generations (centuries?), an adolescent

male’s lack of normal teenage interest in girls was seen by his

Catholic family and clergy as a sign that he might have a

“vocation” from God to enter the priesthood.  Ironic, huh?

As a former Catholic, I know my perspective may not be clear or objective

enough.  That’s why I hope to hear from practicing, serious Catholics on

this subject.  Help me understand.  Better yet, help your Pope avoid the

turning of an ancient form of fear and discrimination into a policy that should

have no place in the Church that claims to speak for Christ on earth.

 

                                                                                                                 Benedict16

 

 

 

risking a cartwheel

Filed under: pre-06-2006 — David Giacalone @ 12:59 pm







leaves drift

into the gorge

I pick one to follow

 

 

split

 

 

autumn wind –

trying to keep myself

under my hat

 

 

 

 

 







soft earth

I might risk

a cartwheel

 



 

 






  • by dagosan                                               







 

autumn crosswalk          stop traffic

leaves and a garbage can

hurry past

 




[Sept. 29, 2005]

 

 

 potluck



 
tiny check  Eugene Volokh had a very good post yesterday on whether it is

“inconsistent” for Federalists to look to the federal government for solutions

on particular topics.  He distinguishes between federalism (which says that

the central government has the authority to act in certain situations, and the

states in others) and localism (which wants all issues settled at the local level),

and notes:


“One can certainly argue that federalists are mistaken about where

the line should be drawn, or even inconsistent in drawing that line.

But one needs to do that by concretely explaining why the line should

be drawn in a particular place, or why two things must in any event be

on the same side of the line — one can’t just point to the federalist’s

supporting national solutions in some situations and state solutions

in others and say “Aha! Inconsistency!” Federalism is all about supporting

national solutions in some situations and state solutions in others. More

broadly, I suspect that good judgment, left, right, center, or libertarian is

all about supporting national solutions in some situations and state

solutions in others.

Prof. V also observes that “we need to be careful in allegations of inconsistency

(and especially of hypocrisy). Often the inconsistency is more illusory than real,

or at least demonstrating it requires a lot more argument than critics actually provide.”

(via Bainbridge) Personally, I don’t know what’s more disturbing: that so many people

are willing to brand opponents as inconsistent because they truly cannot think

through these issues, or that so many people know better but are willing to make the

charges simply to gain political advantage.


                                                                                                                                       “traffic cop SF”

risking a cartwheel

Filed under: pre-06-2006 — David Giacalone @ 12:59 pm







leaves drift

into the gorge

I pick one to follow

 

 

split

 

 

autumn wind –

trying to keep myself

under my hat

 

 

 

 

 







soft earth

I might risk

a cartwheel

 



 

 






  • by dagosan                                               







 

autumn crosswalk          stop traffic

leaves and a garbage can

hurry past

 




[Sept. 29, 2005]

 

 

 potluck



 
tiny check  Eugene Volokh had a very good post yesterday on whether it is

“inconsistent” for Federalists to look to the federal government for solutions

on particular topics.  He distinguishes between federalism (which says that

the central government has the authority to act in certain situations, and the

states in others) and localism (which wants all issues settled at the local level),

and notes:


“One can certainly argue that federalists are mistaken about where

the line should be drawn, or even inconsistent in drawing that line.

But one needs to do that by concretely explaining why the line should

be drawn in a particular place, or why two things must in any event be

on the same side of the line — one can’t just point to the federalist’s

supporting national solutions in some situations and state solutions

in others and say “Aha! Inconsistency!” Federalism is all about supporting

national solutions in some situations and state solutions in others. More

broadly, I suspect that good judgment, left, right, center, or libertarian is

all about supporting national solutions in some situations and state

solutions in others.

Prof. V also observes that “we need to be careful in allegations of inconsistency

(and especially of hypocrisy). Often the inconsistency is more illusory than real,

or at least demonstrating it requires a lot more argument than critics actually provide.”

(via Bainbridge) Personally, I don’t know what’s more disturbing: that so many people

are willing to brand opponents as inconsistent because they truly cannot think

through these issues, or that so many people know better but are willing to make the

charges simply to gain political advantage.


                                                                                                                                       “traffic cop SF”

September 28, 2005

closer to the grill

Filed under: pre-06-2006 — David Giacalone @ 6:43 pm


Distractions have kept me from drafting

either poetry or punditry so far today.  But,

you still deserve some good haiku:

 



shutters thrown open

a fly

straight in

 

 

 





autumn chill . . .

we scootch our lawnchairs

closer to the grill

 

flyswatter horiz

 

 

 

first kiss

deep in the woods . . .

sunbeams filter down

 

 


from School’s Out (Press Here, 1999) 


 






  • by dagosan                                         






for two weeks,

one lone duck at the river–

death or divorce?

 

 

                          [Sept. 28, 2005]


potluck


Prof. B is Freeped out!  The folks at DailyKos have tried to

freep” the results of Prof. Bainbridge’s poll “What’s Up with

George Bush?”.  (prior post, and our answer)  Steve is hoping

some Right-Wing group will pile on from the conservative

perspective, to help (1) balance things out, and/or (2) pump

up his numbers.


Uncool?  Yes, we’re so uncool that we just learned

the term “freep” today.   It seems the conservative

activists at FreeRepublic.com  perfected the online

practice of slanting polls and attempting to influence

website polls in an organized manner.  Creepy.  Bleepy.

 

tiny check  AcronymFinder says that “FREEP” stands 

for “Detroit Free Press” and ”Free Republic.com”.

Who knew?




                                                                                         ”lipsG”

 

 

 

 

closer to the grill

Filed under: pre-06-2006 — David Giacalone @ 6:43 pm


Distractions have kept me from drafting

either poetry or punditry so far today.  But,

you still deserve some good haiku:

 



shutters thrown open

a fly

straight in

 

 

 





autumn chill . . .

we scootch our lawnchairs

closer to the grill

 

flyswatter horiz

 

 

 

first kiss

deep in the woods . . .

sunbeams filter down

 

 


from School’s Out (Press Here, 1999) 


 






  • by dagosan                                         






for two weeks,

one lone duck at the river–

death or divorce?

 

 

                          [Sept. 28, 2005]


potluck


Prof. B is Freeped out!  The folks at DailyKos have tried to

freep” the results of Prof. Bainbridge’s poll “What’s Up with

George Bush?”.  (prior post, and our answer)  Steve is hoping

some Right-Wing group will pile on from the conservative

perspective, to help (1) balance things out, and/or (2) pump

up his numbers.


Uncool?  Yes, we’re so uncool that we just learned

the term “freep” today.   It seems the conservative

activists at FreeRepublic.com  perfected the online

practice of slanting polls and attempting to influence

website polls in an organized manner.  Creepy.  Bleepy.

 

tiny check  AcronymFinder says that “FREEP” stands 

for “Detroit Free Press” and ”Free Republic.com”.

Who knew?




                                                                                         ”lipsG”

 

 

 

 

September 27, 2005

fine print? schmine print!

Filed under: pre-06-2006 — David Giacalone @ 10:59 pm

Yesterday’s discussion of Missouri’s new lawyer advertising rules

raised the issue of how consumers choose lawyers.  Today, I want

to tell you about a wise consumer who knew which lawyers not to pick.

 

A reader who found this weblog when Googling about contingency fees,

wrote to tell me about a firm with whom she was discussing a case

potentially worths millions of dollars.   Here are her own words

(emphases added by me):


                                                                            magglass

 

I had met with these attorneys a month ago about my case. 

They were with me for five hours learning the details and asking

lots of questions. Upon my leaving, they presented me with a

contract to review and sign.

 

One of the attorneys was putting lots of pressure on me to hurry

and sign, and at that point, I just needed some time to really think

about my decision and my motivations.  

 

I finally decided I was ready to proceed forward, and called them last

week.  We sent up a meeting for this past Monday.  I had brought with

me a copy of the first contract they had given me to make sure things

were the same. 

 

Once I was there, they presented me with the contract and things had

been changed. Big things…like the percentages and also their attorneys

fees had gone up.  I immediately questioned the percentages, and he

said that it was a mistake and was quick to correct those.  As far as the

higher attorney’s fees, he said it was to my benefit, since it applied to

the other side having to pay.  Needless to say, I was taken aback. 

 

eyeChart One of the attorney’s said to me this morning, “It’s like you are

purchasing an airline ticket.  You don’t ask all these questions about the

fine print on the back of the ticket…you just buy it!”  I said to him, “If that

ticket was going to cost me $5 million dollars I most certainly would ask

a lot of questions!”

 

Anyway, I went and picked up my materials today.  He had told me if I didn’t

have something ready to sign by tommorow at 5:01 I could come pick my

things up.

I’m glad she walked out.  Personally, I’d love to file a grievance against these

lawyers — or give them a little infam-e.  Am I being too critical, impractical,

or naive?

 

Fiduciary/Schmiduciary” is not an acceptable attitude for a law firm.

 

 

tiny check afterthought (Sept. 28, 2005):  A consumer who’s willing to invest some

time in finding a lawyer, should consider reading Jay G. Foonberg’s

Finding the Right Lawyer.  (even its table of contents is helpful)  The

author sells it for $19.95, but the Amazon.com Marketplace has

copies for as little as $1.14 today.   Also, legal reform group HALT

has an online brochure, “Before Your Hire a Lawyer,” that lists your  

rights as a consumer of legal services and the kinds of information

and treatment you should expect from a lawyer.












 


 


first snow falling
I trust in his hand…
bridge by the gate


 


 


entrusting it to young folk
I sleep…
cozy wood fire


 


trusting its fate
to the autumn wind…
duckweed



       translated by David G. Lanoue  

 

                                                                                                                                             “EyeChartN”

fine print? schmine print!

Filed under: pre-06-2006 — David Giacalone @ 10:59 pm

Yesterday’s discussion of Missouri’s new lawyer advertising rules

raised the issue of how consumers choose lawyers.  Today, I want

to tell you about a wise consumer who knew which lawyers not to pick.

 

A reader who found this weblog when Googling about contingency fees,

wrote to tell me about a firm with whom she was discussing a case

potentially worths millions of dollars.   Here are her own words

(emphases added by me):


                                                                            magglass

 

I had met with these attorneys a month ago about my case. 

They were with me for five hours learning the details and asking

lots of questions. Upon my leaving, they presented me with a

contract to review and sign.

 

One of the attorneys was putting lots of pressure on me to hurry

and sign, and at that point, I just needed some time to really think

about my decision and my motivations.  

 

I finally decided I was ready to proceed forward, and called them last

week.  We sent up a meeting for this past Monday.  I had brought with

me a copy of the first contract they had given me to make sure things

were the same. 

 

Once I was there, they presented me with the contract and things had

been changed. Big things…like the percentages and also their attorneys

fees had gone up.  I immediately questioned the percentages, and he

said that it was a mistake and was quick to correct those.  As far as the

higher attorney’s fees, he said it was to my benefit, since it applied to

the other side having to pay.  Needless to say, I was taken aback. 

 

eyeChart One of the attorney’s said to me this morning, “It’s like you are

purchasing an airline ticket.  You don’t ask all these questions about the

fine print on the back of the ticket…you just buy it!”  I said to him, “If that

ticket was going to cost me $5 million dollars I most certainly would ask

a lot of questions!”

 

Anyway, I went and picked up my materials today.  He had told me if I didn’t

have something ready to sign by tommorow at 5:01 I could come pick my

things up.

I’m glad she walked out.  Personally, I’d love to file a grievance against these

lawyers — or give them a little infam-e.  Am I being too critical, impractical,

or naive?

 

Fiduciary/Schmiduciary” is not an acceptable attitude for a law firm.

 

 

tiny check afterthought (Sept. 28, 2005):  A consumer who’s willing to invest some

time in finding a lawyer, should consider reading Jay G. Foonberg’s

Finding the Right Lawyer.  (even its table of contents is helpful)  The

author sells it for $19.95, but the Amazon.com Marketplace has

copies for as little as $1.14 today.   Also, legal reform group HALT

has an online brochure, “Before Your Hire a Lawyer,” that lists your  

rights as a consumer of legal services and the kinds of information

and treatment you should expect from a lawyer.












 


 


first snow falling
I trust in his hand…
bridge by the gate


 


 


entrusting it to young folk
I sleep…
cozy wood fire


 


trusting its fate
to the autumn wind…
duckweed



       translated by David G. Lanoue  

 

                                                               &n