When siblings have to make decisions about care for their aging parents, the situation can spark such great disputes within the family that some are turning to a solution common in divorces and business disputes.
Elder mediation is a relatively new option for families navigating the complex decisions and emotions surrounding elder care.
Knowing your hard-wired aptitudes can assist you in the practice of law and in the decisions you make about your career. This morning I realized I had not yet posted for you an article I wrote a while back entitled "Lawyers Celebrate Your Strengths." It begins . . .
Have you ever shoved and squeezed and stuffed your feet into a pair of shoes that were the wrong size and yet you wore them for what seemed the right reasons? Maybe they were the only footwear available to you at the time and barefoot would not suit the situation. Perhaps they looked fashionable so you were willing to tolerate the misfit. Possibly someone gave them to you expecting your gratitude and pleasure, someone you chose not to disappoint. You wore the shoes. The blister developed. You threw the shoes away. The blister healed.
A misfit hurts; it hurts a lot. We have known that since we were children. In our fairy tales, we learned the importance of choosing the right fit. Goldilocks did not eat the porridge that was too hot for her or sleep in the bed that was too hard; she chose the meal and the resting place that were just right. No matter how they tried, the stepsisters could not jam their feet into Cinderella's slipper; her foot easily slid into it and she lived happily ever after.
And many childhood games are based on knowing how things fit together. We quickly learn that a jigsaw puzzle piece has only one place where its shape is welcome in the big picture. Ramming and jamming will not work. It makes an ugly mess and destroys the whole overarching scheme.
As adults, we more fully understand the pain of those things that do not fit and the elegance and ease of those that do.
Except for sometimes.
In our professional lives, some of us tolerate situations and ways of doing and being that are as much a mismatch as a tight shoe or scalding porridge. The resulting blisters injure our health, decrease our satisfaction, and defeat our chances for optimum success. Ill-fitting parts of practicing law do not have to be tolerated. They do not have to grind us down. And we do not have to wear the parts of our role that do not fit. Finding that just-right fit for us can be almost as easily discovered as measuring our foot to see what size shoe we need.
Campos also write about the narcissism of some bloggers . . .
Indeed, among writers in general, and bloggers in particular, alcohol and narcissism go together like peanut butter and chocolate. Psychologists define narcissistic personality disorder as involving a grandiose sense of self-importance, and an overwhelming need for the constant attention and admiration of others.
What better example of this can there be than bloggers obsessed with how many "hits" their posts are eliciting on their site meters, or how often they're mentioned on the Internet, and who take pride in drawing attention to themselves by being aggressively obnoxious? (This is a trick most people learn by the age of 4, and begin to become embarrassed about employing shortly thereafter).
These writers represent a variety of perspectives, but they all write fluent, accessible prose, they mostly avoid shooting from the hip, and their analyses of various topics are, if I may say, generally quite sober.
Wonder if Campos will decide to jump into the blogosphere?
You know, I love summer. That glorious season of sitting on the beach, enjoying the warm sun... Hearing a Beach Boys tune, soft sounds of "thwack" and "oooof" and laughter coming from a nearby beach volleyball game, and the sizzle from hot burgers cooking on the grill to accompany your sangria and watermelon. A perfect summer day. Now we just need something interesting, some ideas to chew on and talk through while we laze in the sun. Fortunately, the blawgosphere is overflowing with great posts this week! Stephanie, are you ready to present Blawg Review #114?
I wish, Julie. I am sitting at my computer finishing up a last minute project. All I hear is the click and whir of the printer. Then I have to brave the egg-frying driveway to get to my car. I am even wearing nylons! Summer and pantyhose are like soggy and potato chips, winter and spaghetti straps, a dog and a shared fork (see below). As that blasted sun hits my shoulders covered by the lightest blazer I own (and still too heavy), I long to be where you are. Burgers? Sangria and watermelon? Maybe if I imagine hard enough — and with full visualization and affirmation as recommended in The Secret — I can join you.
Yes, yes, yes, the pantyhose are fading. The blazer evaporated. I am beginning to smell the ocean. I can hear the volleyball players. And I see you. Julie, I am here now and ready to get on with our hot Blawg Review #114.
With thanks to everyone submitting posts, we offer you some of the best of the week.
Summer means school is out. Do you remember that feeling of freedom? The long days to be filled with any adventure of your choosing? The infinite potential?
The change of seasons, and the days getting shorter again, give reason for holding nature in awe. Human nature too can be remarkable. Susan Cartier Liebel, at her Build A Solo Practice, LLC, posted A Solo Practitioner We Can All Admire about how Kimberlie Ryan went from a huge win to a tragic loss to a humanitarian journey.
When we were kids, with summer arrived mischief and pranks and games of tag. And a few wet, colorful orbs being thrown our way . . .
The Legal Scoop aims water balloons at judges gone wrong. First, Scott Felsenthal presents A Judge, Bribes, and Cigars posted at The Legal Scoop. This is the head-scratching story of (former) Brooklyn State Supreme Court Justice Gerald Garson, convicted this week on bribery charges. The judge accepted cash and cigar boxes to fix the outcome of some divorce cases over which he was presiding, and he offered advice to lawyers on how they might win such cases. And he did this on video.
Next, Scott Felsenthal presents Only in the SEC posted at The Legal Scoop: meet the Alabama judge who dismissed a jury verdict on the grounds that the jury displayed "passion, bias, prejudice, and emotions" that rendered its verdict unjust. How so?
The jury awarded $30 million to two Crimson Tide assistant football coaches who’d been accused of misconduct by the NCAA in the course of an investigation that put the team on probation and prevented the coached from finding comparable employment. However, funding the ruling "severely flawed," the judge ruled that the Tuscaloosa jury was composed of Alabama fans and thus couldn't return a just verdict. The case has been appealed to the Alabama Supreme Court. Only in the SEC, indeed!
Finally, Scott asks, Should This Case be in Court? You Decide... The Scoop criticizes administrative law judge Roy Pearson, who is suing his dry cleaner not only for the loss of a pair of pants, but also for damages allegedly resulting from its display of a sign promising "Same Day Service" and "Satisfaction Guaranteed." On the second day of trial, Pearson testified and cried on the stand. Perhaps he caught wind of the tatters of his judicial credibility . . .
Summer can be fun, fun, fun. Water skiing and traveling and just plain hanging out on those lazy, crazy, hazy days. If those activities don't bring a smile to your face, Nicole Black has thrown down the gauntlet at Legal Antics to determine the funniest law blog. With a prize to be awarded by the good folks at The Billable Hour , the competition is heating up!
On QuizLaw , Seth Freilich declared "Shenanigans" over the stunning early lead built by heretofore little-known blog Phila Lawyer, only to discover that Phila Lawyer has over 2000 unique visitors a day. Voting closes today, so if you haven't voted yet, you'd better hurry over .
Meanwhile, QuizLaw’s Dustin Rowles catalogs the achievements and lawsuit adventures of Motley Crue, the fourth best hair band of all time (the best according to Dustin’s partner-in-blogging Seth Freilich). The band claims it was damaged to the tune of $8 million by bad business advice rendered by its manager.
How about some topless strolling? After all, do lawyers, or any other people, wants layers of threads covering their bodies on these sunny days? Madeleine Begun Kane presents An Arresting Affair posted at Mad Kane's Humor Blog. In this limerick-style offering, we learn that a woman received a $29,000 settlement in her civil rights lawsuit against New York City. She was arrested and detained for 12 hours for appearing topless in public, despite a 1992 state court ruling holding that women are entitled to remove their shirts to the same extent that men are.
Walter Olson presents the same story on Overlawyered; the comments speculate on the usefulness of large damages awards in preventing future arrests for acts that aren’t criminal. Kent Morlan of MoreLaw.com offers a few more facts that perhaps cast a new light on the case. Apparently, Ms. Coccaro (who goes by the name "Phoenix Feeley") claimed that she was yanked out of a patrol car by her hair and taken to a hospital for a psychiatric evaluation during her 12 hours’ detention.
On matters domestic and foreign . . . Red, white, and blue always come out early in the summer.
Brian Tamanaha of Balkinization presents Blood on the Hands of the State, in which he states, "[f]or many reasons, I feel fortunate to have been born in the United States, but I don’t love my country. It has no love for any of us. A cold, manipulative, object of affection, the state fans patriotism, then asks those who love it deeply to prove their love by dying or sacrificing their limbs for it."
Marty Lederman presents Fancy That posted at Balkinization, suggesting that "[t]he Combatant Status Review Tribunal proceedings to determine whether detainees are 'enemy combatants' are basically a farce."
One of summer's great pleasures is a picnic. Avoid the ants, and don't bite the hand that feeds you.
The Editor of Blawg Review presents Out to Lunch , which reveals that Allison Margolin, LA's Dopest Attorney, has requested removal of a 2006 post highlighting her YouTube video, arguing that it's interfering with her Google position. Ed. appears to be crushed to receive that request instead of an invitation to lunch, though perhaps the YouTube video showing LA's Dopest eating from the same fork as her dog makes the oversight less painful.
Ah, beach reading. Such a simple pleasure. A summer day would be incomplete without something cool to drink and something hot to read.
Fortunately, the blawgosphere delivers incisive analysis on recent cases and current events.
Orin Kerr presents United States v. Washington posted at The Volokh Conspiracy. Citing "sympathetic facts for the defense," the post kicked off a string of interesting commentary about this 9th Circuit case holding a search in violation of the 4th Amendment.
Jonathan Adler presents Did 9/11 Mistrial Violate Defendant's Rights? , also posted at The Volokh Conspiracy. The Sixth Circuit, in a split opinion, upheld a conviction following a bench trial despite the defendant's argument that jeopardy had already attached on September 11, 2001, when the judge declared a mistrial in the previous case, because of his concern that the events on 9/11 would prevent jurors from devoting their full attention to the trial.
In case anyone missed the news, Mike Nifong, the Duke lacrosse team prosecutor, has been disbarred. Norm Pattis of Crime & Federalism presents Mike Nifong and Prosecutorial Immunity, in which he explains why prosecutorial immunity will likely protect Nifong from a Section 1983 civil rights suit. Pattis suggests, however, that the Duke lacrosse team's supporters might "make this a test case designed to frame the issue of whether prosecutors who engage in egregious misconduct as advocates should forfeit immunity from suit."
With that post, we will end this first review of the summer. We had so many good posts from which to choose. Hosting Blawg Review has given us a new level of admiration for the quality of thinking and writing out there in this corner of the Internet, our blawgosphere. Please have a scintillating summer. We plan to.
What is it that women lawyers want and expect from their professional and personal lives – and how does this differ from the wants and expectations of their apparently more successful male colleagues in law firms?
Every rivalry you had with your brothers and sisters, every argument you had with your parents, every effort you ever made to become independent can be put to the test once your parents become old and sick.
You find yourself arguing with your siblings, arguing with your spouse, arguing with your parents, arguing with yourself.
Todd and Michelle [Keeley] are very big on “the moment.” They are also very big on a bunch of other concepts you may have come across. These include (but are not limited to) personal empowerment, not engaging your inner critic, coming from a place of gratitude, relishing the journey and, most fervently, the law of attraction – an unproven rule of self-help physics that proposes positive thoughts produce positive events.
The whole thing puts me in bad mood. Lately, I've come to hate happiness.
[L]awyers must be careful to not turn their blawgs into advertisements, which are regulated by the Florida Bar, says Gregory Herbert, an attorney with Greenberg Traurig LLP who specializes in media law. "I think there are definitely lawyers who use it as a marketing tool," he says. "If it's done carefully, it can be a great tool."
Lawyers also can run into trouble with their cases if they're too free with what they post online.
You are the CEO of a small software company engaged in a dispute with a competitor over $100,000. Your lawyer has advised that you can litigate, arbitrate, mediate, negotiate, conciliate or use an "expert process". Having been through a lengthy and costly litigation before, you choose to avoid the mess and go straight to an arm wrestling match with the opposing CEO. Win or lose, as long as you don’t have to pay lawyers. While perhaps appropriate for a dispute between fit Australian CEO’s (and it actually did happen!), this is not likely your best choice.
Today is the first day of the summer of 2007. And Blawg Review #114 will be the first Blawg Review of the summer. Watch for it Monday here at idealawg. I am not creating this Blawg Review alone. My partner in review is none other than Life at the Bar's Julie Fleming-Brown. This week I have been brainstorm e-mailing (e-storming? brain-mailing?) with my co-conspirator to decide on the theme for Monday's event. We chose something about which both Julie and I are excited.
Just like a fine and fun summer day, Blawg Review #114 is going to simmer, sizzle and satisfy. Please submit your own favorite blog post, as well as good ones you have seen as you traveled the blawgosphere. Here are the Blawg Review Submission Guidelines.
I wonder if Trunk developed a blog eye? I have mentioned the blog eye to several bloggers and have seen many heads nodding in knowing recognition. The blog eye is that third eye you develop after you join the blogosphere. It is always scanning the world. When the BE stops on something, your mind says (usually with delight), "I should blog about that!"
With a view to attracting such talent, firms are taking a fresh look at recruiting. Parachuting into a campus job fair once a year is out. Repeated visits, increasingly using partners in the recruitment process, expansion of internships and use of more in-depth Web sites to build a dialogue are all tools in the arsenal. . . . "People don't leave the company, they leave people, so if you develop the personal connection you can coach and mentor them better," Sessions said.
"This is a coached generation," said Stan Smith, the national director for Next Generation Initiatives for Deloitte.
Under the concept, based on Native American Peace Circles, a young person who steals something from a neighbor might be assessed a sentence involving chores, perhaps shoveling snow.
A series of continuing legal education programs in the fall will explore the application of restorative justice for criminal cases. [Cheryl Smith] Fisher said she'd like practicing attorneys "to see this as part of their problem-solving kit for their clients."