A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

AUGUST 12, 2005


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 - 2005. 

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
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of August 12, 2005. Had lunch on Wednesday with a most interesting person: Rabbi Jacques Cukierkorn, (author of "Accessible Judaism: A Concise Guide") ... and, frankly, if you have any curiosity about Judaism, or, for that matter, if you would like an operational definition of religious tolerance ... this book ... is a must read! I didn't know there were female Rabbis. I didn't know about, nor appreciate, the tolerance of "Reform Temples" ... their incredible drive to include, tolerate, appreciate and celebrate the humanity of their congregation members, (and inherent divergent viewpoints.) I did not know, some Reform Temples will honor same sex unions ... and that some will perform same sex union, ceremonies. I did not know, there was/is a monotheistic religion, (recognizing, One God), that propounds a religious point of view, tolerant of all others. Christianity and Islam sure don't. I guess, for me, the most interesting concept, was not one of blind redemption, (professing belief in a Savior, at the last moment, and being forgiven for a life of self centered depravity), but one, of leading a life, on a day to day basis, that honors the mandates of the New Testament, (paraphrased, "Love God with all your heart and Do Onto Others, as You Would have Them Do onto you, ( Love your Neighbor"). To quote my Dear Fiend:, "The main purpose of the Jewish religion is to keep people on the path of righteous conduct and moral living .... Believing in God, is not as important as living the virtues God propounds." I learned a lot and in the process, have made a new, honorable and respected Friend. This has been a good week indeed!.

An interesting discussion about legal malpractice insurance this week on the SFIG. The crux being, we as attorney's have a moral obligation to insure, (purchase malpractice insurance), to indemnify our clients against our potential negligence, while handling their case. Make them financially whole, if we screw up. Some very good arguments for doing so. The basis for almost every one being a blown statute of limitations, in a high dollar, horrendous damages, personal injury action. So share with me .... how many high dollar, horrendous damages, personal injury actions do you handle? What has been your largest settlement and do you have the financial wherewithal to borrow that amount, should it be necessary? If you can, isn't self insuring a viable option? Doesn't it, at that point, become a question of conscience? What if you only handled domestic cases, with few if any, statute of limitation issues, (other than QDROs ... which if you have any sense, you farm out to a guy that specialize in them) ? What if you only handled traffic tickets? What is the maximum financial exposure your client would face .... and do you have the ability to make it financially right, if you were found negligent in your presentation? My point being this: you have to decide for yourself, whether the cost of legal malpractice insurance, based on the risks you assume in your practice, is worth it. You have to decide, from a philosophical standpoint, whether you want to indemnify, (provide a pocket), for your client to go after, if that client feels, (rightly or wrongly), that you must have committed "malpractice" by being negligent in their representation because they did not get the result they wanted. Certainly something to think long and hard about ... because unlike some lawyers, I do not believe legal malpractice insurance should be mandatory.

New York Times - Accusation of an Affair Leads Priest to Resign "The rector of St. Patrick's Cathedral, Msgr. Eugene V. Clark, resigned yesterday amid accusations that he was having an affair with his longtime personal secretary, a married woman who is 33 years his junior. Msgr. Eugene V. Clark "It appears to me," he said in a statement released by his lawyer, "that events and circumstances have been portrayed in such a false and sensational manner that I will no longer be able to effectively serve the archdiocese." Isn't it refreshing to read an article about a Catholic Priest ... who isn't molesting children? .... just accused of plain old adultery?

EL PASO, Texas (AP) -- "Texas has become the fourth state to have a non-white majority population, the U.S. Census Bureau said Thursday, a trend driven by a surging number of Latinos moving to the state. Texas joins California, New Mexico and Hawaii as states with majority-minority populations -- with Latinos the largest group in every state but Hawaii, where it is Asian-Americans. Five other states -- Maryland, Mississippi, Georgia, New York and Arizona -- aren't far behind, with about 40 percent minorities." The Census Bureau didn't comment about how many of these good pilgrims were here legally. It certainly explains why so many companies, when you call them, ask what language you would like to interact in.

NEW YORK (AP) -- Longer daylight saving may cause trouble, "When daylight-saving time starts earlier than usual in the United States come 2007, VCR or DVD recorders could start recording shows an hour late ... Newer VCRs and DVD recorders have built-in calendars to automatically adjust for daylight time. Users would have to override them, switching to "manual" to ensure shows continue to record correctly." Well, good news: I see the beginnings of a new cottage industry. A service company, that specializes in teaching folks how to program their VCR's and DVD players!! .... hmmm .... talk about de je vu!!

.CHICAGO, Illinois (AP) -- "Supreme Court Justice John Paul Stevens steered the debate over President Bush's nominee to a new subject -- capital punishment -- sharply condemning the country's death penalty system." Given the number of folks who have been exonerated by DNA evidence, (and given, as technology progresses, more and better tools will be developed, that could prove innocence), how can any honorable person justify capitol punishment?

WASHINGTON (AP) -- "Motorcycle fatalities have risen sharply in Florida since the state repealed its mandatory helmet law ... the National Highway Traffic Safety Administration, found that in the three years following Florida's repeal of its mandatory helmet law in 2000, 933 motorcyclists were killed, an 81 percent increase from the 515 bikers killed from 1997 to 1999." That's the bad news ... the good news? There is a reported increase in available organ donors.

ST. PETERSBURG, Florida (AP) -- "Hundreds of sex offenders being tracked by authorities would not be allowed into public hurricane shelters under a new policy, but would be allowed to ride out the storms in prisons instead." Maybe it's just me ... I must be dense ... but share with me how this would work? How would you enforce this prohibition, unless you issue a Hurricane Shelter Admission ID Card? Have they considered the security implications on prisons? (Although rumor has it .... most prisoners are very much in favor of having sex offender cell mates.)

LAGOS, Nigeria (AP) -- Nigeria cracking down on e-scams, "Day in, day out, a strapping, amiable 24-year-old who calls himself Kele B. heads to an Internet cafe, hunkers down at a computer and casts his net upon the cyber-waters ... So far, Kele says, he has had only one response. But he claims it paid off handsomely. An American took the bait, he says, and coughed up "fees" and "taxes" of more than $5,000, never to hear from Kele again." As I was growing up, my father would say ... "the smart live off of the dumb." This certainly proves it .... doesn't it?

Sitting here finishing off these Ramblings and thinking about my lunch with Rabbi Cukierkorn, (we plan on having lunch at an Ethiopian Restaurant next week .... we had lunch at an Indian Restaurant this week ... the Taj Ma Hal .... <whispering) .... good food, tasty but spicy as hell). Thinking, that perhaps his views of Judaism are optimistic, in that there are also fundamentalist nutcase Jews. I suppose every religion has them. Judaism is seductive in its lack of dogma and centralized authority. Making each person responsible for their actions because "God rewards the righteous and punishes the wicked". But therein lies the fly in the ointment, what is the operational definition of "righteous". I'm sure Rabbis have debated the question, "what is righteous in the eyes of God ", since the destruction of the Temple in Jerusalem, (as have, no doubt, scholars in the two derivative religions, Islam and Christianity.) .... food for thought.

I'll think about this question as I go to sleep holding the most wonderful partner a man can have, (truly a gift from God to me .... hehehe ... and maybe a punishment for her :) Be and sleep well, knowing the best there is, is on watch so you can, (and perhaps join me in a prayer for their safe return ... <whispering> .... Please, Please, Please, God ... let them come home safe and soon.) If my post offends, I apologize, that is not my intent. As Always ...

A Warm Brotherly Hug

Karl (the dumb ole lawyer from Holden, Missouri).

 

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Karl H. Timmerman M.A.J.D. 2005
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