The end of one year and the beginning of a new one
seems like an especially good time to think about —
and, if possible, make — snow buddhas: snowmen
in the shape of Buddha, that remind us of the imper-
manence, creativity and connectedness of all life. A
year ago today, we had a posting about snow buddhas
that is as timely and informative as ever, and includes
a number of haiku and photos.
“snowbuddhaChadGS” original photo
by Alison Shumway, via Chad W. Shumway
Whether your profession (or your home life) leaves you
stressed or joyful, making a snow buddha, and watching
its progress is fun and educational.
If you haven’t got snow where you live, mud
and sand also make great materials for your
homemade buddhas.
wintry mix
the kids make a snow buddha
and a mud buddha
snow turns to rain –
our Buddha’s visit
cut short
dagosan / David Giacalone
“snowflakeS” Explore our new New Year Haiku & Senryu Page.
December 31, 2005
New Year’s Eve: good time for a snow buddha
December 27, 2005
thanks a lot (for all this pressure)
We’re going to rest on our alleged laurels for a few days. New haiku by Honored Guest Poets will be added each day at the foot of the post. Enjoy the Holiday Season and please have a creative, peaceful, giving New Year. [see our new New Year Haiku page]
Open Letter to Ed-the-Editor
re: Blawg Review Awards 2005Thanks for giving f/k/a your very first Creative Law Blog award.
But, frankly, if I had known that winning an award could cause so
much agita, I might not have spent as much time buttering you
up the past few months.First, I’ve got Ms. Eversman over at AutoMuse sulking because
she didn’t win anything. She even called yours truly a “haiku
wonk.” Hey, not a-mused.
Horn‘s Lady JusticeWorse, a lot of first-time visitors are stopping by, expecting
to be wowed. All they’ve seen is your cryptic words
“David Giacalone wins the award for Creative Law Blog for
f/k/a .” In a webworld that mistakes technoflash for imagination
and style, new readers come here assuming they’ll be overwhelmed.
Instead they find a rather humble-looking blawg that promises
genuine haiku and assorted punditry. As I wrote to you earlier
today, you could have said something like:“What happens when a client/consumer advocate
who can’t quite control several of his alter egos,
becomes a haiku missionary.”Add a warning: “No non-verbal bells & whistles.”
How can I possibly convey the notion that it is the mixture
of serious punditry on the legal profession and politics, and
silly social commentary, and personal pet peeves, with
genuine haiku by some of the best English-language haiku
writers, that gives f/k/a its uniqueness and its creative juices?
How can I explain (without a degree in psychotherapy) the
serendipitous collision of my various inner demons?“blueRibbonN” Worst of all, however, is the wrangle you have
touched off within the f/k/a gang:Our resident contrarian and agent of reality,
Prof. Yabut, is having a Brandoesque snoot,
wanting to return the award, with the Truman–
like assertion: “I just tell them the truth, and
they think I’m being creative.”“NoyabutsSN”
The usually mild and humble haikuEsq is
certain the award is due to our haiku content
and resources, so he wants more acreage
on the home page. Resident haijin dagosan
wants some credit for improving his poetic
output and quality this year — or, at least,
for getting a few poems published elsewhere.Founding editor emeritus ethicalEsq is back
on his preachy highhorse, and insists we
get back to our client-advocacy roots Big
Time [boring].His cousin, skepticalEsq is certain almost
every visitor comes here by mistake, and
would focus on our Inadvertent Searchee
pages.Advisor Jack Cliente points out that we
haven’t complained about standard contin-
gency fees in ages, nor written any good
senryu on the topic.Meanwhile, yours truly, the proprietor of this
weblog, wishes he had something really fascinating to say
about lawyers & haiku and the pressing need for more
Compared to all this aggravation from being called
Creative, other winners have it easy: For example:
Bainbridge can just uncork another bottle
and start to ponder a post reviewing the wine.
Jeremy Richey can sit back and admire
his tagline, while Walter Olson protects the
trademark on his blawg name.There are a dozen people at Volokh to spread
the work around.SCOTUSblog gets to enjoy the Court’s vacation.
Lat and the Harriet Miers folk are retired.
And Ernie doesn’t have to worry about any hurricanes
for a few months.George Wallace only has to have a better person-
ality than a bunch of male lawyers (that’s real hard).Everyone knows Bashman has an army of underlings
doing his aggregating.And, if resting on one’s diva-ness and lifetime achievements
aren’t enough, nobody expects working mothers like Denise
and Carolyn to be posting much over the Holidays.
I don’t want to spoil your holiday egg nog, Ed, but
I’m starting to understand why you want to stay
anonymous. By scheduling your Awards announce-
ment in the middle of Christmas vacation, you have
made it almost impossible for the serious winners
(especially this tired old guy) to be at their best. I’m
supposed to be acting jolly and/or serene, plus penning
a haiku or two, not trying really hard to be creative.
So, I give up. Maybe someone else (besides AutoMuse)
will win the Creative Law Blog award next year and
have their Christmas/Holiday Season disrupted. Thanks
for reminding me that just being nominated may be the
best award of all.
with all due respect,
d.a.g.
a squabble of jays —
he shovels my bootprints
off the sidewalk
chilly evening —
the wine full of summer
in a far country
“chilly evening” – loose change: HSA Members’ Anthology 2005
“a squabble of jays” – The Heron’s Nest VII: 4 (Dec. 2005)
delta autumn
the storyteller cradles
his gun
lunch at the zoo
even among gorillas
some who sit apartfast-breaking news
weight of the lead apron
in the dentist’s chair
he comes to bed
cleanshaven …
winter stars
Peggy Lyles from To Hear the Rain (2002)
except “he comes to bed” – – loose change: 2005
deep winter
I search the lease
for a loopholehigh noon
the boys refill
their water pistols
“high noon” – July Selection, Snapshot Press, 2005 Haiku Calendar
“deep winter” – loose change: HSA Members’ Anthology 2005
first date
she groans with pleasure
at my pun
“snowflakeS” Here’s a bonus selection of haiku by
some of our Honored Guest Poets, from the brand
new volume loose change: HSA Members’ Anthology
2005:
first visit
seeing the colors
she lives with
migratory ducks
I have never
kept a diary
just long enough
to leave an impression
dragonfly
Dec. 28, 2005: Featured Haijin: Hilary Tann:
10:01 PM
the mall fountain
falls silent
daily commute
watching for
an odometer event
summit view
my friend
examines his shoes
family reunion
a circle of feet
around the youngest child
Hilary Tann from Upstate Dim Sum (2002/I)
first night at her place –
three-dog gal and
no-dog guy
“spotlightS”
Dec. 29, 2005: Featured Haijin
early in the night—
the stars we can see
the space for more
last night’s snow down river
shadow
among shadow__
the day begins cold
snow now rain–
your picture
by mine
I lean into the soup’s steam… snow flurries
waiting up–
one hand warms
the other
their last sound
before we move on–
the geese outdistance us
Gary Hotham from breathmarks: haiku to read in the dark
(Canon Press, 1999)
– don’t forget our Christmas Season Haiku Page – “spotlightN”
Dec. 30, 2005: Featured Haijin Kobayashi Issa —
translated by David G. Lanoue:
making the rounds
as a New Year’s gift…
paper fan
New Year’s gift of tea–
where did you go
on your jouney back to me?
a full round
of New Year’s greetings
at the inn
Issa, translated by David G. Lanoue
The Kobayashi Issa Website is now back on line,
including keyword search (by topic, season, year and more).
David Lanoue’s haiku novel Dewdrop World (2005) is
still available as a free download!
“Old&NewYearSF” A little help from our friends:
a red flush
on the amarylis bud
New Year’s Eve
New Year’s Eve –
the lentil soup
again
from Homework (Snapshot Press 2000)
“MirrorG”
year’s end
the bartender
blocks my reflection
Tom Painting – The Heron’s Nest
Issa and the hermit
home alone again–
New Year’s eve
“snowflakeS” Dec. 31, 2005: featured haijin:
chopping wood
someone does the same
a moment later
morning thaw
deer tracks
full of sun
just the north face
of each fence post
painted white
dreaming
in the sleeping bag
of butterflies
Jim Kacian – Presents of Mind (1996)
“Old&NewYearSF”
December 26, 2005
Blawxing Day — we gush, we blush
Just as Christianity co-opted pagan winter festivals when designating its
Christmas holiday, the high priests of Blawgdom at Blawg Review have co-
opted Boxing Day and chosen December 26 for the bestowal of their first-
ever Blawg Review Awards.
If you’re interested in weblogs about law, the legal profession and legal
education, you will want to peruse the Blawg Review Awards 2005. We
have dubbed this bestowal of honors on those who edit or contribute to
legal weblogs Blawxing Day. Although much could be said of this
event (beyond its striking graphics, which borrow Greg Horn‘s image of
She-Hulk as Lady Justice), let’s start this morning with three observations:
1) By giving over 40 awards, Blawg Review — in addition to showing great
marketing savvy — has made a crucial point: weblogging is a multi-faceted
activity, with a great variety of styles, approaches, and purposes. When
done well over a substantial length of time, weblogs fitting many needs
and niches deserve recognition. Blawg Review Awards 2005 highlights
the scope and depth of the communication form and format known as
blawging.
2) “Ed” and the other gents at Blawg Review have taken their awards, but
not themselves, seriously. Bravo.
“spotlightS”
3) f/k/a is both pleased-as-punch and punch-drunk after receiving the
BRA 2005 Award as “Creative Law [We]Blog.” Some would call our
combination of poetry, punditry and preachy professionalism a strange
symptom of the Editor’s many personalities. But, “creative” sounds much
less like a malady and more like a virtue. We’ll all be working harder than
ever to find inspiration from the exasperations of law and life on planet Earth.
If you’re new here, thanks for giving us a look. Some of our tortured history
and intentions can be found on the About page.
in the spotlight
he squints
and turns away
Many thanks to our Honored Guest Haiku
Poets, who give the poetry portion of this website so
much of its creative edge and panache.
Kudos to all the winners, but especially to our
to stay in touch and respond in kind.
We want to tip our hat to SCOTUSblog and Volokh Conspiracy
for their exceptional contributions. I also want to say that
Walter Olson’s Overlawyered.com doesn’t just have The Best
Name — it also does a darn good job of demonstrating the per-
spective behind the name. Finally, I want to give the ol’ RiskProf,
Martin Grace, my own special Hazardous Duty weblog award for
making an esoteric topic interesting, often fun, and far more
understandable (even by lawyers).
update (noon): Prof. Yabut woke up late and grumpy, and had
just two things to say: (1) “I can’t believe they called us a ‘Blog’,”
and (2) “When everybody gets a gold star, nobody gets a gold
star.” Talk about a malcontent. Let’s hope he cheers up for
the New Year. (Of course, we will continue to eschew the “blog”
word and will refer to ourselves as a weblog.)
naughty child–
instead of his chores
a snow Buddha
“spotlightN”
a full round
of New Year’s greetings
at the inn
Issa, translated by D. Lanoue
“snowflakeS” When the f/k/a gang hears “creative,”
we think of Honored Guests like Andrew Riutta:
my inner child . . .
even baby shampoo
burns a little
tire swing–
the world she flirts with
through its void
so many guns
aiming for peace-
daffodils
how cold:
sunshine through
a leafless willow
“snowflakeS” Andrew Riutta
“tire swing” – Frogpond (2005)
“how cold” – Full Moon Magazine (2005)
“so many guns” – Poetry Bridge – World Haiku Club (2005)
Lady Justice [really]
December 25, 2005
merry christmas from a stuffed pundit
“santaDudeNeg”
– brand-new Christmas Haiku page.
Not even punidts should talk or type with their mouths
full. Therefore, you get an opinion-free posting today,
with a small tray of holiday haiku and senryu on the side.
best wishes from the f/k/a Gang for a
joyous Christmas and holiday season!
“turkey Cooked”
rainy christmas
the lawn goes from white to green
while we nap
six wrinkled faces
around the Christmas feast –
leftovers
santa forgot
s….t….r…e…t…c…h
waistbands
christmas morning
the old retriever gets
all the innards
christmas evening
the goose she raised
all summer
afterglow (11PM): Hanging around the mistletoe wasn’t
a winning romantic strategy for your Editor today. Click here to find an
even sadder tale of Christmas Flirtation unearthed by The Fool in the
Forest, in his holiday series of Thomas Nast images..
“goose F” “snowflakeS”
December 24, 2005
our “traditional” holiday greeting
It’s great to be around long enough to have
our own Christmas weblog tradition. Here’s
a repeat of our December. 23, 2003 post
Christmas 1950
the giacalone law firm
No matter how you celebrate, f/k/a wishes you a time filled with much joy,
gratitude and holiday spirit.
Don’t forget to let a few haiku moments happen, too.
p.s. Yes, Mama Giacalone had some cute kids! (that’s me upfront,
big sister Linda in the middle and in charge, and twin Arthur for ballast.)
As Denise has suggested, Mama never had enough arms.
“snowflakeS” Our blurb from Dec. 25, 2004 is (no surprise) still relevant today:
“But, the truth is, there’s room for the spiritual and the secular on this
day. The space is there. We just have to see it.”(Editorial, “Joy All
Around,” Rochester (NY) Democrat & Chronicle, Dec. 25, 2004) —
and live it.
“snowflakeS” Check out our brand-new Christmas Season Haiku page.
Thanks for the gift of your readership.
starlight
on the harp strings
Christmas Eve
from To Hear the Rain
tsunami
forgotten
our children awash in gifts
a sleigh-shaped cloud
floats by –
first glimpse of Christmas
December 23, 2005
warm holiday fuzzies
We’ve been posting Christmas-related haiku throughout the
past week, for your Holiday enjoyment. Tonight (instead of
gift wrapping), your procrastinating Editor collected haiku
and senryu by our Honored Guest Poets, plus dagosan, to
create the f/k/a christmas season haiku page. With more
than 40 one-breath poems, there is something to please every
Grinch and Scrooge (and perhaps Christmas Warriors, too).
However, don’t fret that we’ve become too soft and
sentimental here at the home of Prof. Yabut and
skepticalEsq. For example:
Your editor has never gotten all warm or
fuzzy over Christmas and birthday cards from life
and auto insurers, or law firms, and the like. So,
there wasn’t much chance of me smiling joyously at
the e-card greetings that arrived today from Andrew Cuomo,
son of New York’s illustrious former governor, Mario,
and current candidate for State Attorney General.
Nonetheless, just in case his cute daughters and
sappy sentiments are just what you need to get
into the Holiday Spirit, I will repeat them here:
“HAPPY HOLIDAYS!
Thank you for a year of friendship, love
and support. We wish you a very happy
holiday season and all good things in the
New Year!
with love,
Cara, Mariah, Michaela and Andrew
My giving “friendship, love and support” without even knowing
about it is quite a feat — just think what might happen if I
were trying. Since Andrew is being so nice, here is a tip
for him: I might very well vote for you next year, but it
won’t be because of your faux gratitude. Phony e-motions
won’t compensate for a perceived lack of humility and
gravitas — but they could easily send potential supporters
looking elsewhere.
Your organizational skills are also a bit suspect: the Holidays
e-message points to the Andrew Cuomo for Attorney Website,
which currently has a blank white page, that declares in the
upper lefthand corner: “AndrewCuomo.com is coming shortly.”
“Coming shortly” is never a great strategy for getting elected.
You’ve got big name-recognition advantages right now over Mark
Green and other opponents, Andrew, but you might squander
it, if you don’t get your act together. Capice?
p.s. Andrew, you have apparently co-opted or purchased
the mailing list of an internet public interest group. Please
tell them from me that I’m not thrilled that they have used
our connection in this way.
another Christmas . . .
my parents visit
the son in prison
Lee Gurga
It may be the Holiday Season, but I still get
annoyed every time I see some criminal defense lawyer
arguing that embarrassment is enough of a punishment
for a public figure who breaks the law. This time, we are
supposed to feel sorry for 78-year-old Anthony Doria, who
founded the Vermont Law School, and admitted guilt on tax
evasion — taking $115,000 from a woman in her 70’s and
spending it rather than investing for her. It is equally wrong-
headed for a judge to be persuaded by such rubbish. Here,
U.S. District Judge J. Garvan Murtha sentenced Doria (who
was originally facing up to 145 years) to only one month in
prison. We agree with Assistant U.S. Attorney Elizabeth
Woodcock, who said “embarrassment is not in the senten-
cing guidelines.” (see AP/Burlington Free Press)
Prof. Yabut says:
If you value your reputation and you don’t
want to do time as an octagenarian, you
ought to avoid felonies in your 70’s.
wrapping, packing, musing
What stage of Christmas/Holiday preparations have you
reached? Office party? Last-minute shopping? En route
to see loved ones? Wrapping? Still baking? Packing your
car for a trip? The f/k/a Gang is still a little behind.
If you don’t get back here before Christmas, Hanukkah,
or the Holiday of your choice, please take our sincere
wishes with you for a joyous and peaceful holiday season.
Randy Brooks has captured a mix of moments and
emotions that touched me this morning.
Christmas morning–
misty breath of cows
rising where they lie
home from the war
not your prayers
he says just luck
through the open door . . .
her smile doesn’t forgive
all my sins
the daughter taps flour
into a mixing bowl . . .
mother’s apron tight
cedar walking cane
hangs from the coat rack
dust on the handles curves
“snowflakeS” “SnowflakeS”
praising the hostess
eggnog
in his moustache
big brother’s grin . . .
the last piece of the puzzle
out of his pocket
grandpa’s cedar cane
my son poling holes
in a snow drift
stockings on the mantel . . .
the child’s eyes follow sparks
up the chimney
except: “home from the war” – Modern Haiku (Summer 2005)
I’ve had a hard time getting into the punditry mode this week, but
Prof. Bainbridge has been opining at his usual prolific pace. Check
out his coverage of Britain’s plan to keep watch on all vehicle
movements on the nation’s roads. [we’re still worrying about wintry
precipitation for our drive on Saturday]
“SpitzerG”
Also check out Steve’s continuing reportage on New York Attorny
General and Governor-in-waiting Eliot Spitzer — Prof. B. asks whether
Spitzer = Thug? and whether he’s channeling Teddy Roosevelt. The
closest we’ve come to such heady issues lately is Prof. Yabut’s recent
comment that a spitzer is a sharpener in the German language, with the
the pinnacle, a sting (or a prick). After a few stops at the f/k/a Holiday
Punch Bowl last night, Yabut also pointed out that Spitzer would have
made a darn good Reindeer Name, noting that Eliot, too, may have to
battle a guy name Rudolf for the lead position.
victorian christmas
a trail of horse shit
down the main street
stuck beneath
the nativity stamp
a strand of blond hair
dagosan [for Steve Bainbridge]
“rudolfN”
December 22, 2005
a little more Christmas (a/k/a Holiday) spirit
the frozen breaths
of the carolers disappearing
among the stars
the blizzard over
bird chatter from inside
the evergreen
after the search for meaning bills in the mail
the neighbor’s snowblower . . .
I begin to remember
last night
from Almost Unseen
snow flurries
candelight moving
from window to window
paul m.
from The Heron’s Nest
bitter cold
the bell ringer —
peppermint breath
Tom Painting
from The Heron’s Nest
silent night, holy night
three
at the bar
from the novel Haiku Guy
December 21, 2005
winter sun
wrapping gifts
the dog stops panting
for a pet
saying good-bye
my hand warms
the iron gate
winter sun
lifting his round face
to catch it
“wrapping gifts” – Mainichi News Dec. 5, 2005 (No.678)
“saying good-bye” – tiny words (March 6, 2003)
“winter sun” – Manichi Daily News, March 5, 2005 (No. 669)
happy winter solstice!
The Winter Solstice has arrived. A time to re-light the candle of hope
and forgiveness for all. Click here for our collection of Solstice haiku
and senryu.
a candle
in every window —
strangers light our path
Our Solistice message from last year — not surprisingly — still
rings true:
Christmas was set at the end of December, in the Fourth Century, in order to
co-opt (or overcome) ancient Sun-Solstice celebrations [see, e.g., here, here,
and even there] , the Solstice Story seems well worth retelling. Universe Today
has a good summary of the science and the lore, including this excerpt:
The season we call “winter” begins on the Winter Solstice. The word Solstice means “sun still”. Because ancient peoples knew nothing of the earth’s tilt, the southward march of the sun was a troubling time. There was fear that one day the sun might continue moving south until was lost entirely. Many cultures conducted rituals to encourage the sun to move north again and when it did there were great celebrations. These celebrations, regardless of culture, all had a common theme that of rekindled light.
Not surprising then that many of the traditions and customs of ancient Solstice celebrations have survived to the present day. Although we know that the sun will begin moving north without any encouragement from humans, we still use this time of cold and darkness to celebrate the theme of rekindled light. From the Hanukah Menorah, to the Scandinavian Yule log, to the lights of the Christmas tree, during this season we seek to push back the darkness with light. Although the forms have evolved over the centuries, we can still see the spirit of many of the old ways in our present day Solstice celebrations. still
December 20, 2005
clients who ruin christmas (and lawyers who let them)
A week ago, Slate‘s Dahlia Lithwick started a contest looking for tales
of “the meanest thing you’ve ever done to an opponent on the holidays”
or other “stories of hideous pre-holiday lawyer shenanigans.” (Slate,
“Billable Horrors,” Dec. 13, 2005). Naturally, Walter Olson used Dahlia’s
lark as an occasion to seriously condemn such malicious mischief (without
offering solutions) (Grinch, Esq) and Prof. Bainbridge fretted that he might
actually have to show up for Jury Duty this week — delaying his consumption
of duckling and vinous liquids.
Before I get to my main points, please let me do a
bit of (nit)picking on Steve. Writing on Monday, Dec. 19, Prof.
Bainbridge says “And I can’t help but think that nobody’s
really going to start a trial this late in the week before
Christmas.” That makes me wonder just how much of
a buffer Prof. B. thinks is appropriate around the Holiday-
Christmas celebration? As an academic, Steve has ap-
parently lost touch with the vast majority of his profession
— not to mention the rest of the population — who need to
be on call should their clients or bosses need them during
what teachers must think of as “off-peak” and inviolable hours
and weeks.
In addition, I can already hear Steve’s complaints over
California taxes being wasted with empty court buildings the
weeks before and after Christmas, were it not his duckling get-
ting cold. For most of us, many issues depend on whose oxen
are being gored, but Prof. B is — god bless him — more willing
than most of us to reveal his myopia on his website. (On the
other hand, you can’t say he has no sense of humor.)
In my many years serving as a Law Guardian — a lawyer appointed
to represent a child in NYS, usually in Family Court — I often had to
deal with Christmas Season visitation issues. This was among the
topics most dreaded by the court and court staff. As much as I
knock divorce lawyers, I can’t say that I’ve ever seen one who was
the instigator of such battles, but I can definitely say that many of
them made things much worse by going along with or feeding the
anger or paranoia of their clients.
By their nature, Christmas and Christmas Eve and Christmas
Vacation issues often arise just before Christmas — often because
one estranged parent has unilaterally declared that he or she would
not follow their court-ordered arrangements, or wasn’t going to bring
the child(ren) back on schedule, or was leaving on vacation with them.
At that point, if a parent contacted me, as the Law Guardian, I would
attempt to “mediate” a solution that focused on the child’s welfare.
That was often possible, when the parents were appearing pro se, but
at times the lawyers would get in the way of a resolution — usually
because they needed to show they were the client’s protector (which
just happened to run up a few billable hours). At times, they threatened
me with ethical sanctions for talking to their clients out of their presence
(a bogus threat in the context of Law Guardians, in my opinion, and a
risk I willingly took in hundreds of instances — at $25 per hour!).
One older lawyer, a former Family Court judge, made
such a threat, when I called to ask him to telephone
his client to calm her down and get her to follow the
Court order. He screamed so loudly at me that I
said “call me back when you can hold a civilized
conversation” and I hung up. He never called back.
He didn’t want to call his client, because she was
a factory worker who had a hard time paying his fees.
In the end, I got the couple to stick to the con-
sent order, where one parent had the one-year-old child
Christmas Eve overnight and the other all day on Christ-
mas (with the roles switched the next year).
Earlier this year, f/k/a had a post discussing Valedictorian Litigation,
(counsellor or mercenary?), in which I had the following reaction
to John Steele’s saying “isn’t this another case where people were
out of control before they called for lawyers?“
I’d like to add these excerpts to my WISTful quotation —
Wish I Said That — collection . They’re by Sol Linowitz
(from DCBA Briefs, Betrayed Profession, June 1999):
“Elihu Root . . . put the matter more simply: ‘About
half the practice of a decent lawyer,’ he once said,
‘consists in telling would-be clients that they are
damned fools and should stop.’
“Today there are too few lawyers who see it as
part of their function to tell clients (especially new
clients) that they are damned fools and should stop:
Any such statement would interfere with the marketing
program. The public pays, because the rule of law is
diminished.”
Later in the same chapter, titled “Living the Law,” Linowitz
notes:
“The doctrine that professionalism means respect for
the client’s ‘autonomy’ and commands doing whatever
the client wants is, after all, most convenient. Nobody
ever lost a client by doing exactly what the fellow wanted,
but much lucrative legal work has been sacrificed by lawyers
who regretfully told prospective clients that this was some-
thing they were not willing to do.”
Thanks again, Lawyer Linowitz.
Many lawyers do try to serve that role as counsellor — especially when they
don’t want to upset their own Holiday plans. As Law Guardian (and as a
divorce mediator), I often got to see just how unreasonable clients could be
— and I could also see how anger and distrust fed on itself. My best story
of a “client” trying to ruin my Christmas goes like this:
Before 8 AM the day after Christmas, the non-
custodial Father of an 8-year-old called me at
my home-office saying that as Law Guardian
I had a duty to go get his daughter and bring
her to him. He explained that he called the
Mother’s home that morning and was told the
child was not there. I pointed out to him that
(1) we had two feet of snow overnight and there
was a snow emergency, with no driving allowed;
and (2) the Mother lived at the top of the highest
hill in town.
“SnowFlakeS”
The Father continued angrily to insist that I
had a duty to make his visitation happen. As
he babbled, I learned two more things: (1) the
girl was with her stepfather at a hospital,
because (2) her Mother went into labor over-
night and had delivered a baby that morning.
None of these facts seemed to help the Father
— an otherwise bright man — see just how
silly he was being. I told him I’d call him in
a day or so to see what I could arrange, and
I requested that he not call my home before
9 AM ever again. Because the Court was
virtually closed — for all but child abuse and
domestic violence cases — that week after
Christmas, I was relieved that the Father
would not be filing any violation petition that
week.
Sometimes, going to court around Christmas cannot be
avoided. Many courts have figured out ways to protect
themselves from Holiday shenanigans. Lawyers acting
as true counsellors — telling their clients when they are
being unreasonable or acting crazy — is often the best
safeguard. Until both clients and lawyers are perfect,
there will be new Holiday Horror Stories for Walter to
write about and Steve to fear.
waiting room–
the ex-wife
looks past me
custody hearing
seeing his arms cross
i uncross mine
A New Resonance 2:; pocket change
my toddler
helps pack her travel bag —
co-custody
piano practice
our scowling child plays
Ode to Joy
from his haiku chapbook piano practice
“wolf Dude negF”
last-minute? not yet [christmas eve haiku]
Oh, stop catastrophizing. It’s only December 20th. Real Men
don’t think “last-minute shopping” or “last-minute preparations”
until about lunchtime on December 24th.
Christmas Eve–
the hum of power lines
just pass the mall
New Resonance 3; beyond spring rain
Christmas eve
the carousel animals
all motionless
Christmas eve
in the courtyard below
a flutter of wings
“santaDudeNeg”
Christmas eve-
the row of cut trees
no one took home
“Christmas eve/trees”: “Modern Haiku” XXIX:2 (Summer 1998)
“Christmas eve/carousel” Modern Haiku XXIX: 2 (Summer 1998)
“Christmas eve/courtyard” – “Can Collector’s Red Socks” (2003)
Christmas eve
in her pajamas all day
the youngest one
Christmas morning
a yellow ribbon
of sun
The Heron’s Nest (Dec. 2003)
“NoSantaGs”
p.s. Well, no, I didn’t quite get all those cards mailed out yesterday.
My faith in the USPS is almost total.
red envelopes
the sound
of children’s laughter
winter evening
a cafeteria tray
at the end of the slope
December 19, 2005
prematurely late [winter solstice haiku]
If I had done (any of) my Holiday Chores over the weekend,
I’d be posting about “professionalism” right now and not
frantically figuring out what absolutely needs to get into
the mail today.
So, I’m going to balance my tardiness with a few
premature solstice haiku:
shortest day
the highrise disappears
into indigo
shortest day —
all of the yellow
beaten out of eggs
from The Heron’s Nest V:3
“CandyCaneGV”
A whisp of white smoke:
Out of a widow’d chimney
Winter is rising
RICHARD WRIGHT,
Haiku: This Other World
winter solstice
the hardware out of
three way bulbs
winter dream
i pick myself
from a line-up of suspects
winter solstice
adolescent wiccans
flunk a spelling test
not sure
it’s coming back
clouds hide the solstice sun
December 18, 2005
Roadrunner Haiku Journal is One Year Old
Congratulations to Jason Sanford Brown on this first anniversary of the
premiere issue (V: I, Dec. 18, 2005) of his Roadrunner Haiku Journal.
It took courage and commitment to envision and implement a new, internet-
only haiku journal, and Jason has been rewarded for having both.
The first edition had four haiku contributors, all of them well-known and
respected. The fourth edition, posted in November, had 17 contributors,
and included some of the best haijin writing in English — established
masters, journeymen and new-comers. We thank Jason for this new
contribution to the haiku world and wish him and Roadrunner all the best.
Go, see what Jason has wrought, with a little help from his haijin friends.
Here are three poems by Michael Dylan Welch from the
premiere edition:
hummingbird at the window
–my blink
startles it away
a stack of unread books—
rain blows
against my lamp-lit window
cafeteria line–
the good-looking girl
looks at my plate
premiere issue (V: I, Dec. 18, 2005)
And, here’s a pair from Jim Kacian:
ancient mounds
imagining the builders
in their own language
rainy day
the left hand
muddy
It’s not sweeps week, but Prof. Bainbridge is featuring a very
robust bottle of wine at both of his websites — Marilyn Merlot.
He is definitely putting the X back into the Christmas season
with this display. Steve says “So how’s the wine? Good. Not great.
Fresh, forward blackberry and currant flavors dominate.” With its
relatively high price, it gets a B-/B+ from the professor. Go to his wine
weblog for the full review and view.
“spiltwine” update (5 PM): I left the following Comment at Prof. B on Wine
a couple hours ago, but just went back and found it deleted:
Now I know what Jesus would drink.
You did say Magdalene Merlot, didn’t you?
first date
won’t be the last —
she likes the House Red