31 August 2009

Simple is the New Complex

The theme of this week's Blawg Review #227 is themelessness. I know that it's all very meta, but Sheryl Sisk Schelin does us proud with this effort, hosted at her The Inspired Solo site. As the "next guy [who went] all Dante on you" referenced in the third paragraph, let me just say that I for one am appreciative that Shelin's arrested (at least temporarily) our Blawg Review theme arms race.

Her objective was to produce a simple Blawg Review which delivered "the good stuff from the blawgs" and she's succeeded. Highlights in this edition include resolving trust issues in deal-making, considering the impact of "Skanks" on anonymous internet speech, and lamenting (or not) the putative death of the billable hour. Is law still cool if the billable hour is no more? We'll find out next week when Law Is Cool hosts Blawg Review #228.

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28 August 2009

TGIS: Thank God It's Schadenfreude! (234)

This week's joy in the misfortune of others comes courtesy of The Inquisitr (from Tuesday, August 25; link good at time of posting):
Stand-Up Comic, Sunda Croonquist, is being sued by her mother-in-law for defamation because she doesn’t find that being the butt of mother-in-law jokes is funny.

. . . .

Mother-in-law jokes are part of the foundation for her act and the in-laws thought it was funny at first, but became increasingly tired of the jokes over time. Then after croonquist posted her upcoming schedule and highlights on her website that her mother-in-law claims contained enough information to clearly identify her family, she filed suit in April 2009.

The suit is looking for unspecified damages and demands that Croonquist remove any offensive statements from her website, her future comedy routines and any recordings she takes part in from now on.

Croonquist says she doesn’t really have a problem with dropping any language her family sees as offensive, but says she will refuses to pay any settlement to her mother-in-law.

[Previous TGIS]

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26 August 2009

Tale of the Tape

Family law barrister Lucy Reed hosts Blawg Review #226 this week at her Pink Tape blog. She focuses on the traditional British summer — meaning in this case the quaint family vacation, rather than the not-so-quaint mass murderer holiday program.

Highlights include barristers behaving badly, social networking employee behaving stupidly, and legal academics behaving arrogantly. Sheryl Sisk Schelin will be on her best behavior next week when she hosts Blawg Review #227 at The Inspired Solo.

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21 August 2009

1,000 Joyful and/or Miserable Posts

According to Blogger, that last post was the 1,000th here at Infamy or Praise.

It seems appropriate that this milestone would be achieved with one of my weekly Schadenfreude posts. Joy in the misfortune of others has been a regular and popular Friday feature here nearly since the inception of the blog.

I'd be remiss then if I didn't take this opportunity to thank the hundreds of kind folks who've beclowned themselves in a particularly shameful manner over the past four-and-a-half years for our "TGIS: Thank God It's Schadenfreude!" amusement. Thanks, dimwits; I couldn't have made it this far without you.

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TGIS: Thank God It's Schedenfreude! (233)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Wednesday, August 19; link good at time of posting):
Authorities said a 23-year-old woman was arrested after a scuffle with a 13-year-old boy in a wheelchair at Texas Scottish Rite Hospital for Children. The woman was charged with injury to a child in connection with the struggle over a soccer ball on Tuesday night.

. . . .

The Dallas Morning News reported the boy had a pre-surgical medical halo screwed into his skull.

. . . .

[The woman] struck the boy's halo, causing him pain, according to the police report. The woman was being held in the county jail on $1,500 bond Wednesday afternoon.

[Previous TGIS]

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14 August 2009

TGIS: Thank God for Schadenfreude! (232)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Thursday, August 13; link good at time of posting):
A 34-year-old man is in custody after authorities say he gave a teller his account number and showed her his picture ID before robbing an Anchorage bank.

The FBI says Jarell Paul Arnold of Anchorage is being held on federal bank robbery charges.

The FBI alleges Arnold walked into an Alaska USA Federal Credit Union branch Friday and inquired about the balance on his account. The teller asked for his name, account number and ID.

Authorities say he complied, and then handed over a receipt with a note on the back that said he had a gun and demanded money.

The FBI says he got away with about $600.

[Previous TGIS]

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13 August 2009

Our Baby's All Groweds-Up!



If you've not yet taken some time to read Tim Kevan's entertaining Blawg Review #224, hosted at the BabyBarista blog on TimesOnline, what the heck are you waiting for? Go now and do it, and when you've done with that, go read Kevan's BabyBarista novel, BabyBarista and The Art of War, which I reviewed favorably here last week. Highlights of BabyBarista and The Art of Blawg Review include reaching the end of one's pupillage application tether and wondering whether the legal practise course is worthwhile at all, the significance of presidents who golf and dogs who surf, and lawyers and judges abusing their power in fiction and -- tragically -- in reality as well. Michael Atkins will host the next edition of Blawg Review on Monday at his Seattle Trademark Lawyer blog.

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07 August 2009

TGIS: Thank God It's Schadenfreude! (231) . . . The Sequel!

This week's bonus joy in the misfortune of others comes courtesy of The Inquisitr (from Tuesday, August 4; link good at time of posting):
An unidentified man found himself on the business end of four angry, jilted women in a motel room and ended up with a superglued penis.

The ambush was allegedly orchestrated by one of the four women- the man’s wife. She apparently tired of his philandering ways and tracked down as many of the other women her husband was sleeping with as she could. Therese Ziemann, 48, is one of the accused and met the man on Craigslist. Last Wednesday, Ziemann met the man’s wife and also learned that he had several other girlfriends. During their relationship, she’d paid for all their hotel stays and also given the man $3,000.

By Thursday, the plan was in motion. Ziemann, her sister, the man’s wife and another of his lovers, Wendy Sewell, arranged for a tryst at a local hotel. Ziemann bound the man under the auspices of a sensual massage and summoned her new friends via text message. She then assaulted the man and superglued his penis to his abdomen.

When the man began screaming, his attackers fled with his wallet, phone and car.

[Previous TGIS]

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TGIS: Thank God It's Schadenfreude! (231)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Saturday, August 1; link good at time of posting):
Police officers contemplating cheating on promotion exams met their match this week in northwestern China - 18 serious-faced fifth-graders walking the beat.

The students were decked in blue and white school uniforms, and photos on the local government Web site showed them standing behind podiums and sauntering up and down aisles of various classrooms to monitor 265 police test-takers in Liangzhou county in Gansu province

The experiment, carried out by the Liangzhou Discipline Inspection Commission and Organization Department, was implemented after adult supervisors were found to allow some cheating during police exams to prevent officers' embarrassment, according to the Web site.

The strategy worked well, too.

Of all of the exam takers vying for 66 district-level judge, prosecutor and investigator positions, students identified 25 alleged cheaters, whose test results were disqualified, the report said.

[Previous TGIS]

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03 August 2009

It takes a village to raise a Blawg Review...

When it appeared that Blawg Review's lengthy streak of weekly posts might come to an end this week, the anonymous editor put out a distress call to the one legal blogger who might've seemed the least likely to respond.

Respond he did, though, and a bifurcated Blawg Review #223 was produced in record time, with one part hosted by noted Blawg Review curmudgeon Scott Greenfield at his Simple Justice blog and the other hosted by the Editor at the Blawg Review site. Highlights include deciding whether to take or leaf a contingent-fee case involving a tree, being dissuaded from a career in law by the Law Society, and filming police misconduct on both sides of the pond.

BabyBarista and The Art of War author and blogger Tim Kevan hosts next week's edition of the carnival of legal blogging. Probably. If not, you can read my review of the novel while the Editor scrambles to find another host for Blawg Review #224.

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02 August 2009

Review: BabyBarista and The Art of War

I'm often frustrated by book reviews for the simple reason that most tend to avoid answering the question "Is this book worth reading?" I'll not make that mistake in writing about Tim Kevan's BabyBarista and The Art of War. This is a book worth reading; it's entertaining and insightful, building upon the best aspects of the much-praised BabyBarista blog and providing greater depth and color (or should that be colour?) to its characters and stories. It's not a flawless novel, but it's well worth your time. Kevan's publishers were kind enough to send me a pre-release copy for review (the book will be widely available on 3 August), but I enjoyed it so much that I ordered a copy for a friend rather than part with my own. I can't think of higher praise to offer than that.

Kevan is a witty and observant writer, skills he's honed at his formerly-anonymous blog. While many other blogs have had decidedly mixed results in translating what worked online into dead-tree success, Kevan shows a keen appreciation of his online audience's tastes. He keeps his pacing brisk without being too choppy; he adds to the roles played by secondary and incidental characters without losing focus on BabyBarista and his circle of friends and rivals; he offers insight into the arcane and insular world of the barrister without playing-down dark satire.

BabyBarista and The Art of War focuses on BabyBarista's death march through his year-long pupillage, a final-stage apprenticeship during which law graduates gain work experience with practicing barristers and compete with other pupils to for a position as a barrister in an established chambers. He describes the process in his diary of his first day:
[T]he ordeal through which the Bar Council continues to force its brightest and best.... A sort of upper-class reality show in microcosm every one of your foibles will be analysed and where a blackball system exists so that if you annoy one person, you're out. [Y]ou're playing to the lowest common denominator. Attempting to be as inoffensive as possible in the sound knowledge that it won't be the votes in favour that get you in but the lack of votes against.

The novel's principal characters come to life without intrusive exposition. BabyBarista is spare with details of his own situation, but what he provides to his friend, Claire, to his mentor, OldRuin, or directly to us serves to illuminate the financial desperation which drives him to succeed in his pupillage both by displaying his own merits and by subtly destroying his fellow pupils' chances. His three (later four) co-pupils seem at first to be mere caricatures of familiar personalities — Worrier is details-obsessed to the point she's unable to function professionally; BusyBody's instinct to be everywhere, to have her hand in every project, and to be all things to all people makes her a whirl of unproductive but frenzied activity; TopFirst's stellar academic achievements and social connections mask a wicked soul. As time goes by, however, these characters acquire greater depth and by the time a fourth pupil-competitor joins the fray, all of their behaviors become understandable. This is not to say that they, or BabyBarista necessarily, become invariably sympathetic characters, but they become real, something mere caricatures cannot be.

BabyBarista's pupillage experiences provide some startling criticisms of the practice of law generally and the pupillage system particularly. BabyBarista and his mother have essentially locked themselves into a high-stakes wager that, against exceptionally-long odds, BabyB can complete his climb from modest origins to lucrative barristers' chambers. As he nears that objective, the added (often unreasonable) financial pressures of the pupillage year heighten his sense of desperation and drive him to trade what he knows to be right for expedient gains or short-term personal or professional advantage. He laments that "[I]t's no different to bear baiting or cock fighting. They plunge us into debt before we get here and then leave us to fight it out, Deathmatch style." Later, after a particularly appalling incident, he warns that "[W]hatever you do, don't let the lawyers start worrying about getting paid. However much they protest otherwise, it's there in their mind. Not even at the back of their mind." His experiences highlight a system which seems designed in part to focus pupils' and barristers' minds on their own finances rather than clients' best interests and to effectively filter out those without independent means from the practice of law.

The practicing barristers who mentor BabyBarista illustrate both the best and worst aspects of legal practice. OldRuin provides an aspirational view of the lawyer as a professional, held by others and himself to a higher standard of conduct; he is at times unrealistic about the realities of modern legal practice and unwilling to challenge its more base practitioners, but he also offers some insights which should make clear to all of us who practice law that ours is a profession and not merely a business. TheBoss is a cautionary tale from start to end; he behaves unethically and cowardly, but even he becomes more real as we come to understand that he is like a Ghost of BabyBarista Yet to Come (apologies to Dickens). TheBoss is in many ways the product and victim of the finance-obsessed side of legal practice which afflicts BabyBarista; whereas BabyB sees the riches of practice, rightly or wrongly, as his and his mother's salvations, for TheBoss it has become a damnation, trapping him into an increasingly-desperate cycle of misdeeds to perpetuate his lifestyle and social position. In lesser hands, characters like OldRuin and TheBoss would be like the stereotypical angel and devil perched on the protagonist's shoulders, whispering in his ear, but Kevan writes his secondary players far less clichéed.

As I've said, though, BabyBarista is not a flawless novel. Structurally, the ending is a bit too abrupt and convenient; considering how effectively Kevan paced and plotted his novel to that point, he could have arrived at his destination with greater style and less haste. More broadly, while Kevan ventures beyond the constraints of his successful blog, he doesn't venture very far beyond. It seems that BabyBarista's chambers are meant to be at least somewhat representative of other chambers and of the larger bar. Nonetheless, the exclusive focus on the misfeasance, malfeasance, and nonfeasance within BabyBarista's chambers without even passing looks at others' (despite his extensive interaction with Claire and other pupils in the shared library and elsewhere) creates an impression that BabyB's chambers are an aberration. This tends to undercut the universality of his struggles and experiences, diminishing them as broader commentaries on pupillage and legal practice. Those on the inside of the profession, barristers particularly, will relish the satirical elements but may find it somewhat too easy to dismiss Kevan's deeper criticisms when his satire strays a bit too far in places into broad comedy. If readers find Kevan's insights into the practice of law easier to dismiss for these reasons, that's an opportunity lost; these issues deserve to be considered and discussed seriously.

It's churlish of me to note that what Kevan's done, he's done very well, but to then mark him down a bit for expanding on an excellent blog but not transcending it. Please understand, however, that this is the criticism of someone who greatly enjoyed BabyBarista and The Art of War and recommends it highly, but who can still imagine how much more it might have been.

BabyBarista and The Art of War
By Tim Kevan
Bloomsbury Publishing PLC (2009)
Paperback (288 pages)
£7.19 (Amazon.co.uk)

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