f/k/a . . . the archives

May 9, 2007

big news: accurate doesn’t always mean clear

Filed under: Haiku or Senryu,lawyer news or ethics — David Giacalone @ 11:32 am

 questionDudeT The Seventh Circuit federal appellate court made it pretty clear to Equifax last week: credit reports must be accurate and clear — mere accuracy is not sufficient when disclosing information to consumers under the Fair Credit Report Act (15 U.S.C. § 1681g(a)(1).  Brian Wolfman at the Consumer Law and Policy Blog reported on the case of Gillespie v. Equifax Information Services, L.L.P., No. 06-1952 (May 3, 2007), over the weekend. (via Ambrogi at LegalBlogWatch)  Brian even edited his post the next day, to remove a potential ambiguity.  In fact, overtaken with the desire for clarity, Judge Kanne concluded the 7th Circuit’s opinion with a paragraph that began:

“In conclusion, we must note the scope of our decision and the next steps to be taken in this case…”  

Far too often, and especially where a decision sends the case back for further proceedings, the client and the lawyer, and often the lower court, are a bit confused or uncertain about what happens next.  Let’s be clear, however: The Gillespie opinion, which merely resolved a summary judgment motion and not Equifax’s actual legal liability, is based on a statute that requires the agency to disclose certain information “clearly and accurately.” 

questionDudeSN There is no general mandate in consumer or commercial law for clarity in disclosures — and, there’s absolutely no rule in our adversarial legal system for lawyers to be clear, even when they’re trying to be accurate.  Of course, it almost goes without saying that family law in no way helps assure that the tweener and adolescent “lawyers” at you house will — should they deign to respond to inquiries at all — be both truthful and easy to understand.

rainy day
the left hand
muddy

 

morning dew–
no hiding the way
we’ve come

 

seventh-inning stretch –  umpireF
dust from dragging the bases
hangs in the air 

 

ground fog
up to my ankles
in moonlight

walking in
the orchard      suddenly
                          its      plan

…… by Jim Kacian
“rainy day” – Roadrunner Haiku Journal (V: I, Dec. 18, 2005)
“seventh-inning stretch — ” – Baseball Haiku (2007) 
“morning dew” – Six Directions; snow on the water (RMA 1998)
“walking in” – Presents of Mind (1996; 2006); orig. pub Six Directions

p.s. Speaking of speaking clearely, I discovered at Kare Anderson‘s Say It Better weblog yesterday that Jon Winokur’s newest book is The Big Book of Irony.   In it Winokur “defines and classifies irony and contrasts it with coincidence and cynicism, and other oft-confused concepts that many think are ironic.”  Kare lists a few examples from the book.  f/k/a fans know that abuse of the word “ironic” is a pet peeve around here.

sun tea darkens–
bees in the hollyhocks
all afternoon

 

another scorcher–
the muddy river’s
slow flow
…………….. by Billie Wilson  eyechart
“sun tea darkens” -  Acorn #16 (2006)
“muddy river” – Acorn 13 (2004)

 

2 Comments

  1. I must complain. Your blog is too interesting, causing me to tarry, dip in and out and about past posts when I only meant to quickly visit. What a disparate mix of haiku and law. I once wrote much less elegant poems about sitting in the courtroom (in wonder) when my first husband became a judge. Thank you for YOUR visit, that led me here.

    Comment by kare anderson — May 9, 2007 @ 8:29 pm

  2. You are way too kind, Kare. Keep it up!

    Having just promised myself yesterday to spend far less time online, I strove mightily the past two days not to dip into your archives, because I knew I would tarry too long. I’m glad you linked here, giving me a good excuse to enjoy your style and insight, and learn how to Say It Better. Please come back again.

    Comment by David Giacalone — May 9, 2007 @ 10:40 pm

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