Saturday, December 23, 2006

Holiday Spinach

Life has been much too busy lately (building the new firm and doting on la moglia), to keep this blog interesting , and I suppose the prospect of posting wedding photos was just a little over the top. Perhaps soon.

At any rate, we're heading off to Denver for a few days to see my fam. Then la moglia's mama is coming in for a few days to enjoy the new flooring we put into the dining room (d-i-y, no less).

Wishing everyone a safe and happy holiday break, and looking forward to a more stable return to Blogger in '07.

Wednesday, October 18, 2006

Dollars and Sense

Okay, so the firm's been in new space for two weeks and we've got it pretty much put together, right on down to the credit card terminal so we can bestow our clients with hundreds upon hundreds of SkyMiles or TravelRewards, or whatever else rings their chimes.

It's been busy and fun, with a few hurdles to jump now and again....there's also a cafe opening up right next door in the office building, which should be a great "amenity", but we discovered on Monday that we share an HVAC delivery shaft, which means that our office has smelled like scorched olive oil for 2 days (and counting). The landlord and the contractor are working on the problem, but I'm quickly developing a distaste (pardon the pun) for the woman who's supposed to take care of us and our space...ah well, small-fry worries, yah?

More stories to come,

Friday, September 29, 2006

Moving Day(s)!

Yesterday was the first day of moving stuff into the new office space. A HUGE thanks are owed to those friends of mine and friends of friends that I cajoled, charmed, and flat-owed bribed into helping me haul office furniture around instead of eating dinner...

Sure, there are commercial movers, and yeah, we probably shoulda hired 'em, because the landlord isn't at all familiar with the D-i-Y move. My U-Haul guy didn't even know what masonite was, and I was supposed to cover the lobby with it...cardboard worked instead.

So today is day two of the Great Move, and we've got wall art and a break-room table to take in. All moves are supposed to be after hours, but the hell with it. The truck is due back at 2pm today, and I'm already pretty freakin' sore.

Pictures soon, I promise.

Monday, September 25, 2006

Two lawyers; one desk

The move to A. & G. Spinach's permanent home starts Thursday for sure...we've got our walk-through scheduled at 9am, and we'll be carting bookshelves in after 6pm to keep our paper-making neighbors happy. The new furniture for the lobby should arrive sometime Friday, with a copier and phone system coming on-line on Monday.

A and I have each scheduled a client appointment next Tuesday, but there's one tiny little project left unaccomplished: me picking out and buying a desk. All the vendors we've dealt with so far have been too pricey, and I simply haven't made the time to go shopping. Partner A has a desk from the old firm, so she's all set...Perhaps I'll get mine picked out on Wednesday, or I'll bring in a card table and a folding chair for the first few days...I can always blame it on backordering, right?

The rest of G. Spinach's world is rolling along nicely. Hope the same is true for all of you.

Wednesday, September 20, 2006

Form-a-Firm 101

A sampling of the people I've been on the phone with today:
1) Coffee service vendor #1 operator
2) Coffee service vendor #2 automated phone attendant
3) Coffee service vendor #1 sales rep
4) Low voltage wiring installer
5) General contractor project manager
6) Space planner project manager
(to choose alternate carpet because our first choice is now unavailable)
7) Stationery/printing/logo guy
8) Copier salesman #3
9) Copier saleswoman #4
10) Phone handset vendor
11) Admin workstations vendor #1 (who gave me an oh-crap price quote)
12) Admin workstations vendor #2

The hope is that our new space will be ready next Thursday so we can move in over the weekend, but it's looking dicey. We might be practicing out of the back of a U-Haul van for a few days. C'est la vie.

But it's exciting...I can't wait to have an office of my own again, and this time, I got to pick the paint colors...

Friday, September 15, 2006

An Aptly Named Alias

Hmmm...several net searches related to bacterially-infected spinach have led visitors here to this tiny square of net-space....alas, a corner with no helpful information about the current public health frenzy. For newsworthier fare, try the FDA, or ABC News.

But the extra attention provides a great opportunity for an update on life in Spinachland. The permanent office space into which my partner and I will be moving our fledgling law practice is about 85% complete. The walls are up and the floors are bare (au revoir, dirty orange carpet). We've got lobby furniture on order, and we're trying to pick out a copier. Tough choice.

I also taught a seminar this week that went pretty well, though it was a challenge to keep up with the needs of the firm, its clients, the move, and the homestead. I'd been hoping to get some cleaning in the homestead done over the weekend, but I'm road-trippin' to Kansas City this weekend to collect some stuff from my sister's basement....three years of free storage is probably more than she'd bargained for, and she's a good do-be for meeting me 1/2-way.

So long for now.

Wednesday, September 06, 2006

Life as a Partner

Okay, so A & G. Spinach, PC has survived its first eight weeks, and on this 6th day of September, we managed to get our August bills prepared and mailed.

We're also pushing as hard as we can to get our permanent office space built out before the end of this month...it's a long shot right now, but so are most Derby winners. In the meantime, we share a little room in a rented office suite and do all we can to get our clients' phone calls returned and keep up with the supplies and the stationery.

We're going furniture shopping tomorrow, and for the first time ever, I'm worried about the price of cables in the wall...some things you just don't think about in law school...it has been cool, though, to interview for admin help, set up vendor accounts all over the place, and see a vision and a prayer turn into a functional enterprise. All will be okay....

And la mia moglie is settling into a new job teaching at a new school in a new county...it's a bit strange to come home and listen to each other's days. Each is filled with discovery and challenges, and golly-gee, it feels good!

So long for now,

Thursday, August 10, 2006

A & Spinach, PC

To steal a phrase from Dustin Diamond from "Saved by the Bell"....Zoits!

The new law firm is kickin' fast with almost 200 clients transferring their files, giving G. Spinach plenty of billable projects to work on, or more realistically, squeeze in between the gazillion vendor phone calls he's supposed to make.

Partner A and I have been renting an executive suite since our hasty startup over the 4th of July weekend, and just this week inked a 3-year lease for a swanky home just off the freeway. Lots of room to grow, and great accessibility for our elderly clients. We also pulled together our phone service, and we're down to picking paint colors and a logo for the stationery. Makes it fun to get up in the morning.

Quick side note: If you thought malpractice insurance was expensive, try booking a listing in Martindale-Hubbell. Now there's a redefinition of the term "sticker shock!"

And some of you want to know about the wedding, G. Spinach has been married 39 whole days now, and STILL hasn't gotten his wedding pictures on disc from the photo guy as promised...we've seen proofs, but nothing to share with all y'all. You'll have to believe me when I say that I'm glad we did the big NJ wedding thing, but I'm also glad we're settling in to a routine.

Bye for now.

Monday, July 17, 2006

A wedding and a career move

Hey! G. Spinach took a three-week hiatus from blogging to a) get married, b) quit his job, c) open a new law firm, and d) move his new bride across town into the house. Very exciting times, but rather demanding, so there really hasn't been too much blog-time til now.

First, the job stuff:
You've heard about Partner C controlling an ever-increasing quantity of Spinach-time. Well,
along about mid-June, G. Spinach confronted Partner A with his decision to leave the firm, and Partner A decided to defect with him, causing a little bit of a stir. Not understanding the whole story, but having heard something was afoot, Partners B, C, & D kicked Partner A out the door, and then offered G. Spinach a bonus to go along with his job, possibly supplanting Partner A after the big, bad Partner C had squeezed him dry.

G. Spinach declined, pledged his allegiance to Partner A, and sauntered out the door of the firm where he'd been enslaved since being a 2L, seven long years ago. So now we have A & Spinach, PC, a fledgling little enterprise doing everything it can to notify clients and contacts of its newfound existence. Kinda crazy, but it works. We've got an office, a phone line, a set of email boxes, and a healthy dose of chutzpah!

Then, the marriage stuff:
In the middle of all the career moves, G. Spinach tied the knot. The bride was stunning, the ceremony short and to the point, and the food plentiful and delicious. A good time for all, though the ringbearer, age 3, stole the show with his dance moves. I'd post a picture, but the photographer is being a little slow about getting the shots onto a disc and into the mail. Maybe soon.

Okay, those are the highlights...I'll try to get more up soon when the whirlwind around me settles down to a nice relaxing breeze.

Wednesday, June 21, 2006

Not your typical Tuesday

G. Spinach had two workdays on Tuesday...

yep, on top of 1.6 hours revising an insurance brokerage agreement and begging to get off the phone to spend time on more exciting things, there were 6.1 hours preparing for and attending a three-ring circus hearing where opposing counsel tried to claim he represented the pro se parties in the case, kept trying to claim the role of Petitioner (though that was my client), and had a very odd line of questioning about how my client came to be referred to me (by a non-T&E type lawyer). I can't wait to get the transcript of this one, and annotate it with the judge's body language, which varied from "talk to the hand" to "face-in-hands pucker-up."

The end result was the right one, which is that neither of us lawyers was successful in getting our client appointed as administrator of the dead guy's estate. I'd told Client on the day Client gave me a retainer that this was the likliest outcome, and it will turn out best for the estate...and Client...in the end.

Then after 2 hours of traffic, I made it back to the office about 8pm at the frantic mandate of Partner C to spend 6.2 hours filing a big ugly bankruptcy petition and a set of first-day motions...seems that Partner C can no longer carry the interest of the board of directors of his client, and decided to pull the trigger before the schedules were ready. Time of petition filing: 1:10am. Time I got home: 2:38am.

Very tired.....but there's hope. Exciting news awaits release; it's just too soon.

Monday, June 19, 2006

Blog Neglect

Thank you to the anonymous commentator who reminded me that people do occasionally drop by the site to see what's going on in Spinachland.

More than leaves me time to blog about, I'm afraid.

My fiancee and I are tidying up the last loose ends before our wedding just twelve short days away. All the things that we bought for the ceremony and reception are packed in nice, neat, labelled boxes, and are sitting in a corner of the living room, carefully distinct from the piles and piles of wedding gifts that have been building up in the past few weeks. Had we known that so many packing peanuts would be serving their short lives in transit to our house, we probably wouldn't have registered anywhere.

And the honeymoon is all planned out, and I'm pretty excited about that, but la mia fidanzata doesn't know where we're going, which makes it all the better. I hope we have some extra exposures on the table cameras to use up...there will be lots to see.

So priority one is breathing, priority two is the wedding, and the rest is work...Partner C is gathering steam for another large case, and he'll have quite a problem on his hands when I depart for a week and a half. Sucks to be him, but I won't be carrying my cell phone.

Anyhow, I may not have the chance to check in again until after July 10th, so be patient, and send happy vibes.

Thursday, June 01, 2006

189 hours of May

Ah, the start of a new month.
Somehow refreshing, but not at all relaxing.

I stayed a bit late (9:46pm) to tally my May hours, get them entered, and prepare a game plan for the coming weeks. 189 hours...189 x 12 = 2268. Now I've heard tell of associates billing 2200 hours a year, but I'm pretty sure they're making six figures...I am not. So much for the small-firm lifestyle...

So, here's a little self-pep-post...

I'm hanging in there. The wedding is rapidly approaching (31 days away), and those plans are falling into place. Sure, there are always little things that are left to do, like pick out our song list from the band's repertoire, and hammer out the amount of desired swag with the florist, but we've got things pretty well under control.

I keep hearing (from those who know) that change is in the wind...I'll come home one day to find that the shelves in the refrigerator have been adjusted so that the tortilla shelf holds yogurt.

So I'm gonna learn to like yogurt...pre-mixed if necessary. It'll be okay.
Many people in the world have worries a lot bigger than mine.
I have a home, a career, and a family. I've just got to keep my head above water.

So that's what's new. Thanks to all (especially Baby Lawyer) for checking in, despite my sporadic postings.

More to come soon.

Friday, May 19, 2006

Yowza!

The party never stops...40 hours of billable and 12 client dev tags in 4 straight days makes for a doggone fatigued G. Spinach...and one who can't sleep.

Partner C thinks he's gonna get me to file a Chapter 11 commercial bankruptcy petition. Partner D has me locked into about four multi-million real estate deals. I'm supposed to work for Partner A, who's given up trying to ask how I am. And Partner B?? Oblivious.

The up-side...I'm headed West to visit Pop Spinach and push Granddad's estate ball up the hill just a little further. 'Til then, I'm gettin' by on peanut-buttered english muffins and applesauce. Comfort food.

Sisyphus Spinach.

Thursday, May 11, 2006

Ugh!

Being leaned on as a commercial real estate associate and a bankruptcy associate, while at the same time supporting the litigation department and being ignored by my own supervising partner in the T&E corner....well, it's simply not my cup of tea.

I'm tossing around the idea of giving my notice tomorrow. I could take the remaining several weeks before the wedding, help plan it, and search for a job that I could start after the honeymoon.

Yes, it's better to search while employed, but I'm not going to have the time to do this right if I'm trying to meet the office's expectations.
Who am I kidding?

Tuesday, May 09, 2006

Post-free exam weeks

I'd like to say that the last two weeks of blog silence has been a gift to my law student readers who ought to have been crafting memnonic devices related to the application of Sarbanes-Oxley.
Truthfully, it's because I've been stretched a little thin.
The associate in our firm's real estate department announced his departure, and so I'm playing associate to two partners until his replacement is found. That's never a good place to be....if I pick up too much slack, there's no incentive to replace the guy; if I let too much slide, I'll get yelled at by partner and client both.

And Grandpa Spinach's estate has taken some extra attention now that there are interested buyers for his land. It's been almost three years since he died, and it seems to take more time each week now than it did in any of the first couple of years.

Don't even mention the 144 wedding invitations that my fiancee and I stuffed, sealed, and stamped over the weekend....thanks to my beloved betrothed for doing most of the work on those.

And I'm selling the G. Spinach law-school-mobile. Yep, it's been used mostly for courthouse runs, errand marathons and airport stays since I bought another car last year, but to free up space in the driveway, it's time to let her go. *Sniffle*.

Monday, May 01, 2006

Loose Ends

Sometimes, it's the little things that come to get you.

Despite my quest to tie up loose ends, I let one slide just a little too far, and now it returns.

I've gotta make amends, though fortunately, the client is a dissolved, bankrupt entity. There's no angry client, but all the same, I knew this was coming.

*sigh*

Monday, April 24, 2006

Adventures in Good Sunburning (with G. Spinach)

G. Spinach got himself some color this weekend...

On Saturday, the local Kiwanians worked to paint an apartment for a new subsidized housing project being created not too far away. I regret not having taken before-and-after shots of the rooms I slathered with a color called "Biscuit."

On Sunday, I went to the local arts fair and picked up some goody-gifts for wedding helpers (they just haven't been asked yet), and then walked over to see the gran finale of the 2006 Tour de Georgia.

Congrats to Floyd Landis, who took the Tour gold despite a late-race flat tire, and all the volunteers who turned out to see a great race (my boss among them, truth be told).

All of which left me with a bright red visage with which to start the work week. Goodbye Spinach--hello Aloe Vera....(okay, I've been waiting a while to use that line.

-------

Quick war tale:

I get a call today from a general practitioner who's referred us some stuff in the past, and he starts in on how I'd done such a great job on the project and this and that, and then pops me with a question straight out of a T&E practice exam:

Suppose a client dies after having signed and sealed a settlement agreement agreeing to a divorce, but without having gotten a decree from the judge approving it...is the divorce contract enforceable by the estate against the not-quite-ex-wife? Does the not-quite-ex-wife count as an heir-at-law? Turns out that the guy had no kids, no living parents, no siblings, and no aunts or uncles or cousins. What then, ki-mo-sa-be?

My hunch is that Judi Dench's line from "Shakespeare In Love" applies: The bonds of marriage are such that no mere queen can put them asunder, and without the Judge's ink on a divorce decree, the "matrimonii vincula" still apply. So now you've got a nearly-divorced wife with a windfall...unless the guy has a Will that cuts her out, right? because she's the sole heir-at-law...and so she gets the house, the Jeep, AND the bass boat. Man, it sucks to be the dead guy in that one.

----

Faithful readers may have noticed a moderate drought of political rhetoric here.

Not due to a lack of interest, but perhaps a lack of enthusiasm for any particular issue. I'm weary of throwing tirades against the foolishness I see in Washington these days, and frustrated with the lack of cohesiveness among Democrats to present a party platform...so if Jodie Foster is right in "Contact" that "The World is what you Make of It." here is G. Spinach's first draft of a new 'contract with America.'

1) Our environment is the only one we've got. We've got to prevent exploitation of natural resources to satisfy self-perpetuated demands for energy.

2) Demand resources for education that matters...not just the reading, writing, and arithmetic, but the curricula that develop passions and cravings to learn...science fairs, and art shows, and musical performances.

3) Reinvigorate the Bill of Rights. All Ten Amendments, and not just the Second. Freedom of press, assembly, and religion would be good places to start. From there, let's talk about protection from unreasonable searches and seizures. BTW, why have we stopped screaming about unauthorized domestic wiretapping?

[to be continued]

Tuesday, April 18, 2006

Does the "G" stand for Geraldo?

What's on my mind?

1) The soon-to-be in-laws are coming to town at the end of the month, so a cleaning frenzy has ensued. Unfortunately, I've been procrastinating some home repairs and they all won't get done, especially because I'm out of town this weekend dealing with my own family snafus. C'est la vie.

2) We've had two cases at the office in which I've been calling long lost heirs to let them know I've got a family. The reactions I'm getting vary from total elation to unbridled anger. What is it that creates such feelings?

Monday, April 10, 2006

Must be tax week

Let's count the free advice (read non-billable) moments du jour, shall we?
1) The firm's homeless associate stopped in with a question about 1099-MISC income.

2) A CPA called to ask about whether Social security death benefits count as taxable income.

3) A partner dropped in with a question about AMT.

...and when I got home to the message-machine...

4) an aunt wanted to know if Turbo Tax had any bias toward the IRS or toward the taxpayer; and
5) a cousin couldn't figure out if she could itemize her doctor's bills.

I'm not complaining, I'm just sayin'...what makes people think I know ding-dong squat about income taxes?

Toss me a wealth transfer tax softball, will ya?

Saturday, April 08, 2006

Saturday Symphonium!

We're working on picking out seats and performances for the 2006-07 ASO symphony season, and it's tougher than I thought it would be.

We aren't really into the series that they offer as packages this year, so we're taking tickets a la carte: a Gershwin here, a Tchaikovsky there. It's a challenge, but a very good rainy day activity...

And a good distraction or two:


I'm a Porsche 911!



You have a classic style, but you're up-to-date with the latest technology. You're ambitious, competitive, and you love to win. Performance, precision, and prestige - you're one of the elite,and you know it.


Take the Which Sports Car Are You? quiz.


Wednesday, April 05, 2006

Hersheys Hats

Over at Color of Law, Igots' procrastination yields some amusing blog images.

But I'll see his crumpled wrappers, and raise him some Hershey-wrapper orgami...

That's me on the left...the Westlaw-searching, grey-suited supplicant.


Monday, April 03, 2006

Movie under my skin

After a weekend crossing items off a lengthy to-do list (including the dreaded 2005 tax return), I fixed myself some Sunday night chicken parmesan and settled into the couch for some time spent with Showtime's Free preview weekend.

The movie Crash was on, and it changed my worldview a bit, and not in a good way. Stirred up family history and stuff...grumped me out completely.

Anyhow, it's a new day, a new week, and a new month with a clean billables slate and no set travel plans. Woo hoo!

Thursday, March 30, 2006

Barrett Jackson -- Palm Beach



Yeah, baby-- nice cars for sale on TV. Nuthin's better!

Monday, March 27, 2006

No-Office Weekend

Check this out....I went the whole 61-hour span between Friday at 7 and Monday at 8 without setting foot in the office. Props to me!

And what, in lieu of camping out at my desk on the third floor (northern exposure), occupied my time?

Well, there was the city-led fair on Saturday at which the firm sponsored a booth, and I spent a few hours there with a name-partner and another associate urging the local intestates to mend their ways and provide for their children. Work-related time, indeed, but outside the office, so it hardly counts.

And after I poured some Amoco Ultimate into the Toro and gave the string a good yank, I was rewarded with a running mower (not bad after its 5 month siesta), and a few minutes later, a cleaner, shorter lawn. Then off to a hibachi place for the 31st birthday of a classmate, and some catching up with fellow alums. The best gift? This, by far.

On Sunday, after a breakfast of fresh biscuits and honey, I washed cars at a local charity to raise money for its mentoring program. Several hours and a few callouses later, I had earned myself an evening with The New Yorker (or at least this good article fromthe issue I'm reading these days).

So, yeah, a good weekend, and a respite enough to conquer a Monday.

Thursday, March 23, 2006

I'm Feelin' Sloggy

So Wednesday was spent down in probate court...a rare full-day hearing on a proposed guardianship. Lots of lawyers present; plenty of family emotion, and a very unclear outcome...I don't envy the judge on this one...it's a tough call, even if I think my clients are on the right side.

I didn't sleep much the night before the hearing, or the night after, and tonight feels rather young, it seems, though it's just about midnight and I'm sipping Sleepytime Extra -with Valerian- in the hopes that I'll start getting drowsy soon. Litigation can be exciting, but it rattles my nerves; I'm a T&E-type--not a courtroom song-and-dancer.

Anyhow, "sloggy" means that the firm has loaded me up with a string of non-billable client projects...clean-up duty on old cases that have gone to pasture and need to be rounded up and put out of their misery...trouble is; it's miserable work, because all the old flaws in the cases make them ornery little cusses. And tomorrow, I'll be sloggin' toward the weekend.

And yes, I've got to leave you with some upbeats:
1) I picked LSU over Duke in the office pool (only three of us out of 25 brackets had the same idea). A lucky upset, indeed.

2) I went to see my last pro hockey game of the season, and the home team won in OT.

3) The grass in the yard has started growin' and they hyacinths are in full bloom...time to pull out the Toro and fire up the little-wheeled weekend warrior. Thank goodness for spring.

Monday, March 20, 2006

Snorkle Needed Here

Doh; how time flies between posts...I've been trying valiantly to keep my head above water at the office, and I'm not quite ready for a scuba tank, but a snorkle would really be nice about now.

Actually, I caught a break today. The CLE seminar for which I've been frantically preparing written materials was cancelled and nobody bothered to let me know, so when I sheepishly called up today to request an extension, I got a humble apology from the coordinators. Bummer that I gave up two Sunday afternoons and a sleepless night without cause, but hallelu-ya about not needing to sacrifice the next couple of weekends working on that.

Saturday night, I went over to the house of a law school friend, one of a select few who knows I exist in the blogosphere. He said he's been searching for "wilted spinach" and couldn't find it...I let out a good laugh. Maybe now he'll pull up this humble diary...

Tuesday, March 07, 2006

The Politico-military Campaign

Among other things, I've been mulling over this post in Josh Marshall's Talking Points Memo, in which he decries the participation of the military at a Republican political event in Laramie County, Colorado.

A follow-up newspaper article appears here.

I can see Marshall's point that it might be against the military branch's internal procedures, but I don't follow his rationale that recognizing the accomplishments of the U.S. armed forces, and demonstrating an appreciation for their efforts by applauding them at a political gathering amounts to the unfair use of the military to a political advantage.

Should we exclude members of the military from attending political events or advocating political viewpoints? No, that would deprive them of their rights as an American citizen.

And any chance we get to show our support for American soldiers should be taken to full advantage, not just on Veteran's Day or Memorial Day, but on all days. The military command structure, after all, does not allow the fighting troops to make decisions about which battles are to be fought.

Just like those of us in the civilian world, they can only express discontent by voting in favor of or in opposition to their elected leaders, and by participating in the form of representative democracy we have at the municipal, state, and federal levels.

From where I stand, politics and the military are fully intertwined, from governors' speeches at bases that they're trying to save from Congress' ax, to ROTC programs at colleges and high schools. I think it's a bad precedent to try to sterilize the military by keeping its members away from political events, just as it's bad precedent to expect religious entities to stay out of politics. If we can have a preacher give an invocation at the local meeting of Democrats, then dag-blast it if it's wrong to introduce a person on active duty, and let them know we recognize the role they play in preserving our freedoms.

Monday, March 06, 2006

The days go flyin' by

So, Mr. Spinach, what have you been doing these past 12 days?

1) Trying to meet a monthly billable hour "goal" in a 28-day month.
Not quite... but almost.

2) Trying to cross things off the to-do list faster than adding to it.
Not quite...but almost.

3) Wedding plans (G. Spinach is tying the knot in just four short months).
Progress on this front, but there's plenty left to do.

4) Celebrating a parent's 60th birthday (earning 2416 Delta Sky Miles along the way).
Sorry, Mom, no grandkids. Not yet.

5) Touring the Celestial Seasonings tea factory.
The peppermint room is intoxicating.

Wednesday, February 22, 2006

Plumbers and Clients

G. Spinach is a bit snarly today:

A plumber charged me $1,175 to replace a 3-foot section of PVC pipe. When he quoted me the price, he made it sound like a full-day job, so I c-x'd my appointments for the day, and tried setting up shop at home. It took him just 3 hours, including his trip to the hardware store, and he left me with a giant hole in my dining room wall and the name of a sheet-rock guy. I almost kicked him in the ass as he left the house because his billable rate was twice mine.

So I went on into the office...

A client who sent me a 20-lb box of bank statements two weeks ago sent a follow-up email claiming that it's been a month, and asking why I hadn't contacted her. Par for the course because I've given up parts of two consecutive Saturdays to review statements that prove the bank has been doing it right all along and the client's got no case. Thanks to Presidents' Day, my letter saying so hadn't gotten out the door until yesterday.

Some days you win; other days you put up with plumbers and clients.

Monday, February 20, 2006

Get your Presidents' Day On

I'm ruminating a little too deeply about Presidents' Day this year:

1) I've heard Presidents' Day get blasted as symbolic of the decline in the American education system...e.g., who can remember Lincoln's birthday anymore? George Washington's?

GS: Eh, no biggie. It's an excuse to party.

2) The feds can take a day off, and state and county governments do just fine without it....case in point: my probate court "hearing" at 10am this morning in a town some 60 miles from the office. Client and I carpooled and left plenty of extra time:
[9:25 am- the Clerk's desk]
G. Spinach: Hi, we've got a 10:00 appointment with the probate judge
Probate Clerk: Well, it looks like you've got about 35 minutes.
GS: Okay (looking for a bench).
Probate Judge [overhearing conversation]: Well, anybody else comin'?
GS: No, it's just us.
PJ: Well, no sense waitin' then. Let's get you in.
[walk down a narrow hallway, turn left]
[6 minutes go by, in which the judge and I exchange pleasantries, a few facts, a few pro formas, and a few sheets of paper, and then start packing up]
[9:31am] Client (thinking, I'm sure, that we're joking): That's it?
PJ: Have you got any other business?
GS (quickly): That'll do it. Thanks for your time.
PJ: No trouble.
[9:32, on the way out]
Client: Well, now we go home?
GS: Well, we go back to my office where we left your car, but yeah, we're done.
Life's easier on President's Day, don'tcha think?

3) Hmm, traffic's lighter, too, thanks to all those sleeping in. No really, Thanks!

Thursday, February 16, 2006

Boisterous Ben Bernanke

Our new numbers guru, Ben Bernanke, gave another day's testimony before the Senate Banking, Housing and Urban Affairs Committee today (he's been Chairman of the Federal Reserve Board for about two weeks now, replacing Alan Greenspan).... and it was nice to see a few different faces on C-SPAN other than the monsters of the Judiciary Committee.

I also wanted to see how the new guy could tread water on monetary policy in the face of the political wankers. And my goodness, the wankers were whining!!!

Senators Bunning (D-KY) and Schumer (D-NY) whined about China's lack of trade...but IMHO, passing isolationist legislation as our "only option" is maybe, just maybe, a short-sighted response.

Senators Sarbanes (D-MD) and Shelby (R-AL) whined about the minimum capital reserve formulas implemented by the Federal Reserve Board being too soft on banks.

My first impressions of Bernanke are positive...perhaps he's a little less cerebral than recent Greenspan, but I'm sure some of Greenspan's vocabulary came from his decades of saying the same thing every six months or so: "fiscal restraint and savings good; trade barriers bad." It takes some creativity to repeat yourself for twenty-odd years without wearing a little thin.

Anyhow, Bernanke did say something that has me thinking: in response to a question from Sen. Carper (D-DE) about the American public's motivation to increase its savings, Ben made two points. The first was the usual late '90s schtick about the rising housing market substituting for personal savings, but then he also advocated advances "on the financial literacy front." In other words, let's teach people how to manage money and get involved in the financial markets; let them be informed consumers of financial products and services, so that they can make good choices.
-- Bingo! --
I think he's absolutely right on this one. Let's see if he can keep it up.

Monday, February 13, 2006

Instead of going quail hunting...

...I went to the High Museum of Art on Saturday. Learned a few things:

1) Andrew Wyeth made his own tempera paint with fresh egg yolks, distilled water, and pigment...and the pictures he created with it --- incredible.

2) The two new buildings at the High, designed by Renzo Piano, are astounding. The top floors of both are uniquely lit by 1,001 skylights scooped to capture northern, indirect light. Beautiful...though, IMHO, the modern art installed in these rooms doesn't quite merit the loving attention paid to the lighting. Note to museum director Shapiro...put the rotating exhibits up there, and watch what happens.

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And thank goodness for small favors...I was in NYC the weekend before (not during) this year's big February snowstorm. Phew!

Tuesday, February 07, 2006

Tourist; policy wonk; mourner



Over the weekend, I toured the Big Apple and snapped this pic looking south from the observatory deck of the Empire State Building....yes, yes, postcards are better, but wow, that's something to see.

After returning home to watch the Steelers clip the wings of the Seahawks, I settled back into the routine of practicing law by day, and political pundit by night....

Monday's Senate Judiciary Committee hearing at which Attorney General Gonzales testified was a long overdue look at the warrantless wiretapping carried out by the NSA. I've got to give the Attorney General credit for coming to the table with an argument and presenting it clearly, but I'm not buying it.

Even though the Hamdi case (permitting detention of 'enemy combatants') provided backbone for his notion that the Congressional joint resolution authorizing all necessary force after 9/11 gave the President the "statute" he needed to avoid application of FISA, I just don't see why the NSA didn't simply go to the FISA court to obtain the necessary warrants, either before the wiretaps took place, or afterwards, seeking ratification of the same.

I agree with Senator Kennedy's (D-MA) concern that by crossing over the statutory boundaries, the NSA may render inadmissible any evidence gathered under these warrantless taps, and have the even more troubling result of squelching the conviction of the terrorists we are seeking to destroy. It seems to me that there was a safer way for the NSA to play its hand without sacrificing operational integrity...that is, request permission from the FISA court (precisely what the FISA court was established to do).

Tuesday's dose of television included political speeches at the funeral of Coretta Scott King. I had to turn it off during Bill Clinton's turn, not able to stomach the political glee-fest into which the somber occasion had turned. Coretta Scott King was an amazing woman, whose importance will be written into the history texts of this age, and while I'm all in favor of celebrating the lives of the deceased rather than bemoan their loss, these speeches were less about Coretta, and more about self-aggrandizement. Mrs. King, you deserved better, and my prayers are with your family as they come to terms with living without you near them.

Thursday, February 02, 2006

"Not Yet"

Oh country, marvel of the earth!
Oh realm to sudden greatness grown!
The age that gloried in thy birth,
Shall it behold the overthrown?
Shall traitors lay that greatness low?
No, land of Hope and Blessing, No!

---

And they who founded, in our land,
The power that rules from sea to sea,
Bled they in vain, or vainly planned
To leave their country great and free?
Their sleeping ashes, from below,
Send up the thrilling murmur, No!


--William Cullen Bryant, "Not Yet", st. 1,3 (1861)

Thanks to Leigh Powers for posting a Jane Austen quote inspiring this tribute.

I'm heading North for the weekend...more to come when I return.

Tuesday, January 31, 2006

The Kama S.O.T.U.

I know, I know. I should just let it rest. But Bush#43 wedges his foot in his mouth all the time, and tonight, he did it whilst standing up....what a foot feat!! (or is that foot fault?!?)

The State of the Union is pure political theater, and despite Josh Marshall's lack of desire to watch it, I'm continually amazed by the pomp and circumstance.
And like every senator/congressman in sight, I've got some commentary:

1) Where was Justice Ruth Bader Ginsburg? And did anybody ask Sandra Day O'Connor if she might like to come? I mean, she's been retired for less than 12 hours, and it seemed rather uncivilized to swear Alito in all in a rush just so he could swipe her front row seat. I don't know, maybe she was glad she didn't have to come and be all smiles, but I'd have at least asked, ya know? [Update: CNN reported today that she didn't show at Alito's swearing in, either. Anybody know why?]

2) The Democratic ovation to the line about Congress not passing social security reform was a classic blindside. Bob Schieffer lobbed a softball in his after speech comments by saying that Bush#43 lured them into a trap by pointing out the problems left behind without reform, but it was funnier than that. Bush knew he'd been tagged.

3) The POTUS' defense of his domestic surveillance program left me seething. How on earth can we accept warrantless wiretaps? If it's okay for Uncle Sam to listen into phone calls placed by Americans, whether international or across the street, then we've lost the freedoms that make this America. It's right there in the Constitution. See U.S. CONST. amends. I, IV.

George Bush is totally, completely wrong on this. Congress established and funded a specialized FISA court to deal with the sensitive issues and grant warrants without notifying the suspect/victim...Bush#43 ignored the process laid out in the federal law and is squashing civil liberties.

Someone needs to ratchet him down a notch on wiretaps, and I hope it's Arlen Specter, who has scheduled hearings on the subject in the Senate Judiciary Committee. The land of the free cannot be a land where the government listens in. There are big, bad violations of freedoms of speech and assembly here, and fearmongering simply cannot justify the impact of such actions on the First Amendment rights of U.S. citizens.

Monday, January 30, 2006

A Day in the Life of G. Spinach

Today gets a 9.2 out of 10. Why?

First, to steal a page from Bliss, I've got a litigation glory tale:
As a trusts & estates lawyer, I don't do many depositions, but I had one today in a contested year's support case (in Georgia, we reject the idea of the spousal elective share, apparently on the grounds that 12 months is plenty of time for a surviving spouse to get themselves hooked up with a new sugar daddy, or moolah mama, whichever. The deal is, you can usually claim 12 month's expenses from an spouse's estate).

So Opposing Counsel serves me 37 days ago with interrogatories and a notice to depose my client today. And the interrogatories contain very clear instructions that responses shall be served within 45 days after service (the usual rule here is 30 days + 3 for mailing). So when he shows up, the conversation goes something like this:

OC: Did you get my interrogatories?
GS: Yes.
OC: And you haven't answered them yet?'
GS: They're not due yet.
OC: How do you figure?
GS: They were served on December 22nd...
OC: And today's January 30th, right?
GS: Yes, and responses are due 45 days after that, which is sometime next week.
OC: The rule is 30 days!
GS: Let's take a look, shall we?
[paper rustling]
GS: Right here, in your interrogatories, you say 45 days.
OC: Well, it does say 45, doesn't it? [getting red]
GS: [innocently] You'll get your answers next week.

Second, Igots over at Color of Law has added me to the blogroll. Very nice!


So why not a perfect 10? Well, that's a story for another post.

Sunday, January 29, 2006

Obama gets it!

Participating in the Sunday roundup of politico-TV, Sen. Barack Obama (D-IL) apparently threw in his $0.02 on the idea of filibustering the nomination of Samuel Alito to the U.S. Supreme Court.

I didn't see the segment, but an AP article is posted here at Yahoo! News, confirming the rumor reported here by Buzzflash.

Obama is correct when he says that Alito is "contrary to core American values, not just liberal values." But more importantly, Obama pointed out that the best way to ensure that judges mirroring the values held by the blue states is to elect Presidents and Senators who believe them also. This is exactly the point: John Kerry lost his filibuster call on Alito in November of 2004, when by a scant majority in Ohio, he lost the White House to Bush#43.

The answer here is not to fight the battles we know we'll lose, but to look to the battles we can win. In last week's Kiplinger Tax Letter (pricey subscription required), the analysts highlighted one version of a proposed Democratic tax reform package. Seems that Bush#43 didn't like what his tax reform panel had to say, and has decided to let it slide for a while...can't imagine why?
Cost overruns in Iraq, and sizable federal subsidies after Katrina are turning his deficits into three-headed fire-breathing dragons.

But back to the Democratic ideals: let's take the reform bill out and let it shine in the light of day. Put it on the test track, and see how it runs. I kind of like the idea of beating Bush on the tax question...

---

And on a tangent, I'd just like to congratulate Alan Greenspan on a great job at the helm of the Federal Reserve. He's been running the show since I was in middle school, and he's done an amazing job. Thanks, Alan, for giving us "Irrational Exuberance," a phrase so entwined into American culture that a modern composer (arggh, can't find his name!) recently stole it to title a piece of contemporary classical music that debuted at the Atlanta Symphony Orchestra last fall.

So now we turn to Ben Bernanke, a first rate economist, and small-town native of the Carolinas. I wish him the best of luck, and look forward to his sound bites on N.P.R.

Thursday, January 26, 2006

Fili-bloopers

Well, it's pretty clear that John Kerry's staff doesn't read this blog. If so, maybe they'd have thought twice about his decision today to lead a filibuster against Alito's confirmation.

Kerry is trying hard to keep himself in the hearts and minds of America's Democrats. It's fine with me that he's using his status as a 'just-barely-short' Presidential candidate and a U.S. Senator to steer Congressional policy, but I can't imagine that a filibuster against Alito will succeed. It may instead threaten the Republicans into exercising the 'nuclear' option of changing the Rules of the Senate to prevent filibusters of judicial nominees, and that will make future nominees who are genuinely unqualified (Bork, for example) impossible to deter.

Alito is conservative, yes. More so than Harriet Miers ever dreamed of being. And Alito's going to shift the Court to the right. Okay. But he's smart, cordial, and his opinions are clear. So says the ABA's Standing Committee on the Federal Judiciary. In 50 or 100 years, law students will be reading his opinions and shaping their views of what the word "constitutional" means. And after viewing his hearings, I'm confident that there will be opinions in which he rules against the government. Alito recognizes the difference between an advocate and an arbiter. I think he'll choose to be the latter.

I recognize that Democrats are crying out for a leader, and we need one, that's for sure. But Kerry can't win here. Let's focus instead on the environment, education, and civil rights. Let's work on developing a corollary to the "Contract for America" that spells out Democratic ideals. Let's rally around principles and not people. Show me a leader that puts out a comprehensive party platform, and I'll carry the flag for votes.

Tuesday, January 24, 2006

The Senate Sanitarium

The Senate Judiciary Committe voted today along party lines (10 yeas, 8 nays) to send Samuel Alito's nomination to be Associate Justice to the floor. This called for a C-SPAN fix!

Sen. Leahy (D-VT) did a pretty good job of stating his case: his tone was that Alito defers too much to the executive branch of gov't....Alito earned his stripes fighting for the Reagan administration, and while you can take a boy out of the country.....
Leahy's statement appears on his website here.

Sen. Hatch (R-UT) did a pretty good job of explaining his vote, too, by repeating that Alito is well-qualified and has logical reasons for his rulings. Hatch referred to Ginsburg and Breyer as justices who were too dang liberal for his taste, but got his vote.

Sen. Biden, however, went over the edge (not the first time in these hearings), complaining about how Alito refuses to punish police officers for searching a 10 year-old girl... I haven't gone back to check the transcripts, but I remember Alito's answers relating to that case being something like this: if I stopped the police from searching kids in a crime scene, then I'd be sending a message to criminals that exploiting kids as messengers or drug-runners is okay, and that would be worse for kids. Posner would be proud; Alito here looks at the consequences of his decisions, and I've got to respect that.

I didn't get to hear all of the senators' statements, but I get the feeling that these votes weren't cast with the American public (or the future of confirmation hearings) in mind (oh, how naive you must be, G. Spinach!).

---
Josh Marshall, who writes the Talking Points Memo, had this post up today arguing against a Hillary Clinton run for President in 2008. I agree wholeheartedly. FLOTUS #42 has too much history as an insider (Whitewater hasn't faded from memory yet), and as much as I'd like to see a woman president, I'd vote Liddy Dole over Hillary most days of the week.

My eyes are on Bill Richardson. He's got the foreign policy background and the populist stance to make a go of it. We shall see; we shall see.

Sunday, January 22, 2006

One-ten. One-ten. Do I hear One-eleven?


I've been quiet for about a week, lurking around some, but mostly watching too much of the Barrett-Jackson car auction. Hypnotic stuff, though I couldn't afford much more than this '53 Beetle. What this thing needs is some racing stripes, and a Lindsey Lohan endorsement!

Readers of this blog also know that I'm a regular viewer of Underneath Their Robes. Howard Bashman over at How Appealing has a note directing his readers to this NY Times article with an interview with the creator of Article III Groupie. Slick blog success story, though I wouldn't have wanted to be in A3G's shoes when he/she was meeting his/her boss to discuss things after the "unveiling."

Anyhow, the Alito vote will be coming up in the Senate shortly, and I hope the Democrats don't make fools of themselves trying to oppose the confirmation. The left's best efforts should be put toward securing a majority vote in the Senate after the '06 midterms, and I don't see a leader from the Democratic side...Harry Reid was my guy until he went a little overboard on personal attacks and then backed up with this apology. IMHO, he just doesn't have his act together.

FLOTUS #42 (a/k/a Hillary R. Clinton) seems to be making waves, but I read "It Takes a Village" and it seemed too phony to be useful. We need another Democratic leader in the mold of Sam Nunn...if only Max Cleland were more of a household name in Des Moines (sigh!).

Wednesday, January 11, 2006

When Law and Politics Collide

Maybe law school corrupted me...I remember being awestruck with the knowledge and ability demonstrated by the senators and candidates during confirmation hearings in the past.

This week, however, I've recognized the names of about 2/3 of the cases cited by Judge Alito, and could have rewritten about half the questions from senators so people could actually understand them.

I'm ashamed of the Senate Judiciary Committee. Chairman Specter, Orrin Hatch, and Lindsey Graham spend more time talking about how Alito's critics are full of hoo-hah than they spend talking with the candidate before them...and Senator Kennedy isn't asking questions because he wants to know the answer.

Alito's not my kind of guy...he leans to the right, but I've decided that despite his personal politics, he's got a decent respect for judicial restraint, and is certainly capable of holding his own on the Court. I don't think I'll be watching any more of the hearing replays...put him on the Court and let Sandra Day O'Connor do what she asked to do more than seven months ago: retire.

Monday, January 09, 2006

Sam's Story

After 13 hours at the office, I came home to watch some C-SPAN reruns of the first day of Judge Samuel Alito's confirmation hearing, and look for some blog material. I wasn't disappointed.

I missed Senator Kennedy's reputed antics, but I did catch Senators Brownback and Coburn spin their single-issue stories, arguing that abortion is the only issue before the Court worth talking about (or basing one's vote on).

I fear that their laser-beam focus is sorely misplaced, as the Supreme Court hears hundreds of cases, each fraught with implications and lasting consequences. So many other important Constitutional issues come before the Court: First Amendment freedoms; Fourth Amendment protections from unreasonable searches; Fourteenth Amendment restrictions on state legislatures pushing the due process envelope. Bush 43 has claimed there is no litmus test, but if the Republican senators from Oklahoma and Kansas are any indication, it looks to be the sole criterion.

Judge Alito himself came across with little fanfare in his opening statement. Nothing surprised me, except perhaps his reference near the end of his speech that when he was sworn in as a Judge for the 3d Circuit Court of Appeals, that he "placed [his] hand on the Bible." Is that still done? Did he really do that? Isn't raising one's right hand enough? And how does that practice stand up against the current analysis required to review statues under the Establishment Clause? How about putting your hand on the tax code: equally mysterious, and nearly as authoritative.

Last but not least, props go out to Christine Todd Whitman (despite the '-R' after her name). Her words were clear, and her recommendations sound. She did a much better job than Sen. Lautenberg in introducing the candidate and persuading the Judiciary Committee to see and respect her position. If only the Senators were paying attention...

Tuesday, January 03, 2006

A fine day in Spinachland

It's a great day because the latest issue of The Green Bag arrived in the mailbox. I'm such a periodicals junkie!

Three quick highlights:

1) It reminded me to post the picture of the SCOTUS bobblehead collection slowly forming in my office (the googling monkey on the left is an unofficial "wobble-on" representing Chief Justice John Roberts until his bobblehead is professionally designed).

2) The poem by James Rosenbaum (at 9 Green Bag 2d 13) detailing the woes of the new 'pick-up-your-own-darn-doll' policy reminded me of my own special purpose road trip.

3) Vikram Amar and Alan Brownstein's article titled "Academic Freedom" cited a 1998 Colorado Supreme Court case against a high school English teacher of mine who (according to the court) crossed the line in bucking the school administration...the bummer of that whole thing was that the push to punish him had so little to do with his conduct with students, and so much more with his desire to inspire debate among his colleagues. A good man shot down without cause, IMHO. See 960 P.2d 695 (Colo. 1998) (sorry, free link unavailable).

------

And I'm very glad to see the return of A3G and his/her blog: Underneath Their Robes.

Welcome back, Article III Groupie! While you were gone, you missed a SCOTUS rockslide. And we're sorry you'll be AWOL during Samuel Alito's confirmation hearings. You'll miss a good show.