Here lies honest William, whose heart was a mint,While the owner ne'er knew half the good that was in't;The pupil of impulse, it forced him along,His conduct still right, with his argument wrong;Still aiming at honour, yet fearing to roam,The coachman was tipsy, the chariot drove home;Would you ask for his merits, alas! he had none,
Thursday, July 29, 2021
Tuesday, July 27, 2021
"March 1, 2020 - first Infected Floridians reported.""April 1, 2020 - Governor DeSantis issues statewide stay-at-home order.""May 4, 2020 - much of Florida begins a reopening.""July 6, 2020 - schools ordered to open in-person for fall 2020.""September 25, 2020 - Florida moves to stage 3 reopening."
Sunday, July 25, 2021
"The petition must include a certification by the claimant or, if the claimant is represented by counsel, the claimant’s attorney, stating that the claimant, or attorney if the claimant is represented by counsel, has made a good faith effort to resolve the dispute and that the claimant or attorney was unable to resolve the dispute with the carrier."
"A term that generally describes honest dealing. Depending on the exact setting, good faith may require an honest belief or purpose, faithful performance of duties, observance of fair dealing standards, or an absence of fraudulent intent"
Oxymoron - "a figure of speech in which apparently contradictory terms appear in conjunction."Dichotomy - "a division or contrast between two things that are or are represented as being opposed or entirely different."Antipodes - "the direct opposite of something else."Antithesis - "a person or thing that is the direct opposite of someone or something else."
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice.Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or knowingly assisting another to do so.
Thursday, July 22, 2021
“People will come, Ray. They’ll come to Iowa for reasons they can’t even fathom…They’ll arrive at your door as innocent as children, longing for the past . . .. The memories will be so thick they’ll have to brush them away from their faces… This field, this game: it’s a part of our past, Ray. It reminds of us of all that once was good and it could be again.”
Tuesday, July 20, 2021
A long time ago, I was peripherally involved in a workers' compensation case that was in turn part of a civil case involving product liability and negligence. I was a very young lawyer and found myself in a room full of people whose names were on doors around town. Everyone at the mediation in that case was a named partner in some firm, except me. I was reminded of the case recently as I followed a trailer in traffic and noted the state of its rear bumper.
The case was disturbing for various reasons. First, the worker had passed away; death cases are more difficult than you might think. Second, this particular worker was an attorney. Empathy is driven by identification, but it was more than that. Third, the accident was likely avoidable but at least the injury could have been lessened. In addition to those realizations, I learned that mediation was a powerful tool, largely because there were no rules. And, the whole "stream of commerce" from law school started to make sense.
Sunday, July 18, 2021
(1) sending emails and sharing information with an outside party who conducts business with the Commonwealth regarding workers’ compensation cases; (2) engaging in ex parte communications; (3) using her Commonwealth email account to send and receive personal emails and purchase items; (4) using her email signature block when corresponding with outside parties; (5) making inappropriate and unprofessional remarks in emails; and (6) making inappropriate and concerning remarks on and off the record during a workers’ compensation hearing.
"forwarding internal, confidential communications to Attorney, who regularly appeared before the WCJs whose discussions she shared, not only violated the Code of Ethics, but it clearly demonstrated that she is unfit to serve as a WCJ."
"some of the emails . . . forwarded to Attorney conspicuously contained the word 'Confidential' in the subject line, and one document she forwarded to him stated, 'This is an internal document not approved for distribution outside of the Department of L[abor] & I[ndustry].'"