A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

MAY 5, 2006


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2006.

I have decided to finish my legal career serving the citizens of Johnson County, Missouri as their Associate Circuit Judge.  I ask for your support. 

http://www.karltimmerman.com/ktimmerman.html

Archived Prior Ramblings
CLICK ON A DATE

In Memoriam:
September 11, 2001

                2002
  02-22-02  03-30-02  04-05-02
  04-21-02  04-27-02  05-01-02
  05-03-02  05-10-02  05-17-02
  05-31-02  06-21-02  06-26-02
  06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
  08-21-02  08-23-02  08-30-02
  09-06-02  09-11-02  09-11-02F
  09-13-02  09-20-02  09-27-02
  10-04-02  10-11-02  10-18-02
  10-25-02  11-01-02  11-08-02
  11-15-02  11-22-02  11-29-02
  12-06-02  12-13-02  12-20-02
  12-27-02

                     2003
  01-03-03  01-10-03  01-10-03R
  01-17-03  01-24-03  01-31-03
  02-07-03  02-14-03  02-21-03
  02-28-03  03-07-03  03-14-03
  03-21-03  03-28-03  04-04-03
  04-11-03  04-18-03  04-25-03
  05-02-03  05-09-03  05-16-03
  05-23-03  05-30-03  06-06-03
  06-20-03  06-27-03  07-04-03
  07-11-03  07-18-03  07-25-03
  08-01-03  08-08-03  08-15-03
  08-22-03  08-29-03  09-05-03
  09-12-03  09-19-03  09-26-03
  10-03-03  10-10-03  10-17-03
  10-24-03  10-31-03  11-07-03
  11-14-03  11-21-03  11-28-03
  12-05-03  12-12-03  12-19-03
  12-26-03 

                     2004
  01-02-04  01-09-04  01-16-04
  01-23-04  01-30-04  02-06-04
  02-13-04  02-20-04  02-27-04
  03-05-04  03-12-04  03-19-04
  03-29-04  04-02-04  04-09-04
  04-16-04  04-23-04  04-30-04
  05-07-04  05-14-04  05-21-04
  05-28-04  06-11-04  06-18-04
  06-25-04  07-09-04  07-16-04
  07-23-04  07-30-04  08-06-04
  08-13-04  08-20-04  08-27-04
  09-03-04  09-10-04  09-17-04
  09-24-04  10-01-04  10-08-04
  10-15-04  10-22-04  10-29-04
  11-05-04  10-12-04  11-19-04
  11-26-04  12-03-04  12-10-04
  12-17-04  12-24-04  12-30-04
 
                2005
  01-07-05  01-14-05  01-21-05
  01-28-05  02-04-05  02-11-05
  02-18-05  02-25-05  03-04-05
  03-11-05  03-18-05  03-25-05
  04-02-05  04-08-05  04-15-05
  04-22-05  04-29-05  05-06-05
  05-13-05  05-20-05  05-27-05
  06-03-05  06-12-05  06-17-05
  06-24-05  07-01-05  07-08-05
  07-15-05  07-22-05  07-29-05
  08-05-05  08-12-05  08-19-05
  08-26-05  09-02-05  09-09-05
  09-16-05  09-23-05  09-30-05
  10-07-05  10-14-05  10-21-05
  10-28-05  11-04-05  11-11-05
  11-18-05  11-25-05  12-02-05
  12-09-05  12-16-05  12-23-05
  12-30-05
 
                  2006
  01-06-06  01-13-06  01-20-06
  01-27-06  02-03-06  02-10-06
  02-17-06  02-24-06  03-03-06
  03-10-06  03-17-06  03-24-06
  03-31-06  04-07-06  04-14-06
  04-21-06  04-28-06  05-05-06
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of May 5, 2006. I noticed several requests, on the SFIG, for "Legal Malpractice" referrals. No doubt "legal malpractice" happens. Some not "malpractice", but just plain, simple, criminal, exploitation. Should that be the case ... I would volunteer to send a wedding invitation on behalf of "Bubba", (the very large, Arkansas pilgrim, in the next cell ... who needs his socks darned) ... to the perp lawyer, As a species, we learn by trial and error. Aren't we programmed to fail, and from our failures learn? Doesn't that mean we all make mistakes. (I guess, the price we all pay for God's greatest gift to us: "free will"). Share with me ... in the years/months you have practicing law ... ever make a mistake? After the fact, thought, I should have done this or that differently? Agonized about it? Should I have called different or other witnesses? I know I have. Have I had "Bar Complaints"? Yes. Have I been sued for malpractice? No, (not yet). Has it been threatened? You bet ... I'm a "loves aftermath" lawyer. My client's can never "win" because there are no winners in a dissolution action. The best I can accomplish .... remains ... having both parties walk away feeling equally stepped on. That makes for unhappy clients. Unhappy clients file bar complaints ... the vast majority of which are never investigated ... just put in your file at the OCDC, (you never even know a complaint was filed). That needs to change. What is the logic behind NOT notifying a lawyer that one of his clients feels stepped on enough to file a bar complaint? Give that lawyer a chance to review the basis of the complaint and decide if a change is necessary? I have also noticed an increase in legal malpractice actions. Why? Are there so many more incompetent lawyers? Or, (due to the prevalence of legal malpractice insurance), more suits filed for "settlement value"? Don't know. Do know this: the lawyers I know are hard working, caring, honorable, honest, zealous advocates, for their clients. Have they made mistakes? No doubt. Should all of those mistakes result in a "nuisance value" law suit? Isn't there a difference between a "mistake" and actionable "negligence"? What do you think?

WASHINGTON (AP) -- New stamp could be used forever. "The Postal Service said Wednesday it wants to raise the price of a first-class stamp by 3 cents -- to 42 cents -- and proposed a "forever" stamp that people could use as a hedge against future rate increases. The changes would take effect in the spring of 2007 if approved by the independent Postal Rate Commission .... The forever stamp would help soften the blow of a rate increase by allowing customers to stock up. As originally proposed it would sell for the first class rate and, once purchased, the special stamp would remain valid for whatever the first-class rate is when it is used, regardless of future increases." So, another increase, (due to increased fuel costs)? How about our State and Federal governments waive fuel taxes for UPS vehicles instead? (Like they do for farmers?) At any rate, in ten years, I see the UPS as an anachronism anyway ... given FAXes and Email. It amazes me, how fast we have converted from analog communication to electronic communication ... and how vulnerable electronic communication is. Just one power failure away from non-existence. From a legal standpoint ... how do you prove a "present recollection recorded" ... when the electronic note is gone?

NEW YORK (AP) -- Companies pulling sodas out of schools. "School soda pop machines are about to lose their high-calorie fizz. In a deal announced Wednesday by the William J. Clinton Foundation, the nation's largest beverage distributors agreed to stop selling non-diet sodas to most public schools, where childhood obesity has become an increasing concern." In related news, the major fast food chains, Wendy's, McDonald's, Hardee's, BurgerKing and Sonic announced new, low fat, healthy, children's meals. Wendy's? "A Smiling Wendy Salad": basically, a garden salad with baked fish. McDonald's? "McBuns", a fruit salad with bun croutons. Hardee's? "The Stiffy Meal": a 12" low fat, turkey frankfurter, on a whole wheat bun. BurgerKing? "Singing Prince Meals": a small, down sized veggie burger with a weird symbol burned into the bun. Sonic? "Your Kid Sucks Meals": basically, a low fat, beef smoothie. [Susan made me edit out the really good double entente meals!!! ... like the comments about "Wendy's Muffie Meal"] ... and in related news: LONDON, England (Reuters) -- Eleven a key age for obese children. "Children who are overweight or obese by the age of 11 are likely to carry their excess weight into adulthood and to suffer from related health problems, researchers said on Friday. A study by scientists at University College London who tracked nearly 6,000 children in Britain over five years showed about a quarter had a weight problem when they entered secondary school." Care to make a bet about the size of these children's parents?

And in the genetic component of driving department: ....... WASHINGTON (CNN) -- Rhode Island Democrat denies alcohol involved. " Rep. Patrick Kennedy, son of Massachusetts Sen. Ted Kennedy, crashed his car into a barricade on Capitol Hill early Thursday, the Rhode Island Democrat said ... "I was involved in a traffic incident last night at First and C Street SE near the U.S. Capitol," Rep. Kennedy said in a written statement. "I consumed no alcohol prior to the incident. I will fully cooperate with the Capitol Police in whatever investigation they choose to undertake." I want to believe Pat got his mother's "safe driving gene". His father's "safe driving gene" remains somewhat suspect. And in follow up news today: WASHINGTON (CNN) -- Capitol Police probe handling of Kennedy crash. "Police officers were told not to give U.S. Rep. Patrick Kennedy a sobriety test after his traffic accident, police labor union officials say. Superiors told the officers instead to drive the Rhode Island Democrat home after the accident early Thursday, according to Greg Baird, acting chairman of the U.S. Capitol Police union, who called for an inquiry ... The police report, seen by CNN, includes an observation that Kennedy appeared to have been drinking and his ability was impaired." Imagine that. The law applies to all of us equally, doesn't it ... <whispering> .... does this phrase ... "ALL ANIMALS ARE EQUAL, BUT SOME ARE MORE EQUAL THAN OTHERS" ... ring a bell? [Animal Farm, George Orwell, 1945] .... and finally, this afternoon .... WASHINGTON (CNN) -- Rep. Kennedy entering rehab after crash. "U.S. Rep. Patrick Kennedy said Friday that he will enter a drug rehabilitation program after crashing his car on Capitol Hill a day earlier. "I know that I need help," he said at an afternoon press conference, detailing what he called a long-term struggle with addiction." Sen. Ted Kennedy shared he was proud of his son, that his son was confronting his problem ... and offered a list of Driving Schools and a map of fountains to avoid, in Washington, DC .

WASHINGTON (AP) -- Report reveals number of secret FBI subpoenas. "The FBI secretly sought information last year on 3,501 U.S. citizens and legal residents from their banks and credit card, telephone and Internet companies without a court's approval, the Justice Department said Friday." .... so share with me how you reconcile these warrantless searches ... with .... "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."?

WASHINGTON (AP) -- For some, anticipation can be as bad as pain they know is coming. "Anyone who's ever taken a preschooler to the doctor knows they often cry more before the shot than afterward. Now researchers using brain scans to unravel the biology of dread have an explanation: For some people, anticipating pain is truly as bad as experiencing it." Interesting research because wouldn't it also mean that the anticipation of pleasure can, for some, be as pleasurable as the pleasure itself. Makes you wonder how, biologically, this trait survived "natural selection", doesn't it? Why would a person having this trait engage in sexual relations, if thinking/anticipating it, is just as pleasurable as engaging in it, (and not as messy,   expensive and time consuming)?  Course, also explains Michael Jackson's voice changing, when he grabs his crotch while performing.

In the "Dude! There's a simple solution", department: REDMOND , Wash. (Reuters) - Bill Gates wishes he weren't so rich. "Microsoft Corp. Chairman Bill Gates said Wednesday he wished he were not the world's richest man. "I wish I wasn't. There is nothing good that comes out of that," said Gates, whose personal fortune sank by billions since last week when the software giant disappointed investors by saying new investments would crimp earnings." Bill, send me your money ..... I am willing to bear the pain. Really ... I am. Better yet? Give it to the families of our fallen men and women in uniform? The pain of being filthy rich might make the pain of their loss, bearable.

Sitting here editing these Ramblings, sipping on some Port and listening to the evening news. CIA Chief, Director Goss has quit. Wonder why? Perhaps for pointing out, that the President is subject to our Constitution? Who knows ... but would not surprise me. Bad news for the Democrats: our economy is back to pre-9/11 levels. Good news for the Democrats: sectarian violence in Iraq is getting worse. How sad is it when you couch "Good" news and "Bad" news, in such terms? In a poll reported today, no wonder the majority of Americans have LESS faith in our Congress than our President? Usually, the other way around. In another report, there may not be "Better Living through Chemistry", the effect of 80,000 commonly used chemicals have not been tested on children, including ... Teflon ... now found in mother's milk. Guess the good news is ... there's no need to worry about little lips, sticking to nips.

I don't have the "anticipation" gene. "Anticipating" curling around my Lady, Lover and Best Friend tonight .... is nowhere near as good ... as actually doing so. As I'm prone to do ... I will whisper a prayer of thanks for being able to do so ... and a prayer for the safe return of our men and women in uniform, (care to join me ... and send an email to Bill Gates ... since he is so miserable being rich ... to give his billions to the families of our fallen hero's?) .... <whispering> ..... Please, Please, Please, God ... let them come home safe and soon!! Be and sleep well, there are folks unable to do so, so you can. If these Ramblings offend, I apologize ... that is not my intent. As always ....

A Warm Brotherly Hug

Karl (the dumb ole country lawyer from Holden Missouri .... and due to a change in Canon 5, entered this week .... I can now make the following statement: LOG ON TO MY CAMPAIGN WEBSITE AND SEND ME MONEY FOR MY CAMPAIGN!!! ..... hehehe .... how's that for a tasteless solicitation :)

"Timmerman for Judge Campaign Committee": http://www.timmermanforjudge.com/

Click here to read an Interview of the Author.

Karl H. Timmerman M.A. J.D. 2006
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