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The Great Recession forced a lot of previously employed journalists, graphic designers and word processors to start freelancing, and websites such as Freelancer.com and Elance.com have cropped up to help match service providers with service needers.

The past couple of years have been pretty tough for lawyers, too, and not just for recent graduates. The local legal paper always has one or two classifieds advertising the availability of an unnamed lawyer to perform legal research or brief drafting for other lawyers on an hourly basis.

You might not have realized, though, that legal services may also be bought and paid for via freelancing websites, and it doesn’t look like all of the advertisers are actually lawyers.

Purely by way of example, I decided to search at http://www.Freelancer.com. I selected “Business, Accounting, Human Resources & Legal” from the menu on the left of the page, then narrowed my choice to “Legal.” First up on the list of results was “acrossthenight,” who describes himself as “an attorney with a top-tier international law firm” in Sydney, Australia.

His hourly rate is on the high end for the results I received at $65.00 an hour. “Acrossthenight” provides services including e-commerce, software licenses and agreements, business sales, investment transactions and patent applications. I suppose this is fine so long as “acrossthenight”‘s firm knows he is providing these services, but I tend to suspect that either they don’t, or that “acrossthenight” is no longer employed with the firm and is trying to make ends meet in the interim. Either way, there may be ethical concerns; generally speaking, an attorney isn’t supposed to represent clients outside and separate from his firm without the firm’s knowledge and consent, and if he is not actually employed with a major firm his profile is materially misleading. Since “abovethenight” is in Australia that country’s ethical rules would apply, and I don’t pretend to know what they provide. But if they are similar to our ethical rules in the United States, I have some concerns.

More troubling, however, are the profiles that fall lower on the list of results. Profiles seem to be ranked based upon an algorithm determined from a freelancer’s skills, number of projects completed, and positive feedback. Towards the end of my results was this profile by “pcwriter:”

“Pcwriter” is a “former prison-trained law clerk subsequently employed as criminal law paralegal with track record of preparing & ghostwriting successful post-judgment and appellate documents.” However, the title of “pcwriter”‘s profile is “Legal Lawyer, Visa/Immigration Consultant; Property Law Lawyer.” In case you were wondering if “pcwriter” had obtained his law degree after prison, it doesn’t look like it: the only degree appearing in the Resume/Education section is an Associate’s Degree obtained in 2001.

I guess my point in writing this is not to call out anyone providing freelance legal services, but to question whether, in our rush to provide quick, unbundled, “virtual” legal services we’ve gone too far. “Pcwriter” only charges $35.00 an hour, compared to other freelancers charging closer to $100.00 an hour, and lawyers in private practice who charge between $100.00 and $ 1,000.00 an hour. Someone who needs a deed drafted, for example, or assistance with an immigration proceeding will be sorely tempted to choose the cheaper service. And maybe everything will work out fine. But I do wonder, if things don’t go well, what will happen, and not only to the unhappy client, but to the reputation of the bar in general. Is there a way to provide the responsiveness and economy typified by a freelancing arrangement without discarding the attorney-client relationship altogether?

We should work on that.

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Earlier this week in my Research: Deep and Wide post, I wrote about the importance of reading for breadth as well as depth. I referenced quotes from two poets, Susan Howe and Kathleen Ossip, as examples of both kinds of research. It turns out (small world!) that someone forwarded my post to Ms. Ossip, and then this happened:

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Of course I immediately whipped up a scathing but hilarious response that alluded to Bukowski’s “poetry readings” and taunted academics about needing to get out a little more. Then I put it aside for a bit while I cooled off; that’s the advice I give my clients when they’re busting down barn doors and I try to abide by it myself.

I’m glad I did, because I’ve revised my response some and this is it.

First, permit me to point out, Ms. Ossip, that I never held you up as a role model for lawyers. For one thing, lawyers work really hard, even during the summer. (So this is still a bit snarky, but much, much less than it was originally.) I used your quote to suggest that good ideas often originate from disparate information absorbed over time. I drew it from a longer quote in which you were discussing how you researched your collection, “The Cold War,” a copy of which I actually have on a shelf in my living room. I liked it, which is part of the reason I was so pleased to see you quoted in Jeff Skinner’s book. Here’s proof:

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I included Mary Ruefle’s “Madness, Rack and Honey” in the photo so that a) it would be clear that I wasn’t using a stock photo and b) it would be clear that I am an actual, honest to God consumer of poetry. I go to work, earn money, pay my mortgage and use what’s left over to buy books of poetry and the Kenyon Review. And stuff.

If you read any of the other posts on my blog, you saw that I use literature and poetry pretty frequently. I’ve managed to cobble together a little knowledge of poetry despite not having obtained an M.F.A., I enjoy it, and I like to share it. I believe there is a place for poetry outside of academia, or at least I hope there is. Maybe I should ask you that question. Is it still okay for folks like me to say things about poetry? Or is that a privilege reserved to the faculty room?

Also, maybe you forgot that there are lawyers (and doctors, and clerics, and spinster women in Amherst) who write poetry. Maybe you are even familiar with some of them: Wallace Stevens, Lawrence Joseph, Edgar Lee Masters, Archibald MacLeish. Joseph doesn’t practice, but he’s not an academic either because he only teaches at a law school. And let us not forget Ernest Hemingway, who was not a lawyer or a poet but who did, I understand, chase ambulances at one time. I don’t include myself in that company by any stretch of the imagination. I’m just saying that there is some precedent for lawyers mixing themselves up with poetry. We’re not as boorish as you might think. We don’t even require animal sacrifice at ABA-accredited law schools anymore, although it’s still available as an elective.

My earlier draft came from an insecure, defensive place, because, yep, I do write poetry myself, and it isn’t pleasant when someone you look up to mocks you on Twitter. (Although in fairness and for the record, my post went out to my 2,200+ followers, and yours to your 250. I’m resonating with somebody, apparently.) Then it dawned on me: I’m a rarity in the world of poetry. I have money to buy stuff. And it’s my actual money, not a grant or a fellowship or a gift from Yaddo. I get to write what I want without using up the limited financial resources available to support writers based in academia. The fact that I have built a little audience for my writing means that I get to share poetry – not mine, because I’m not that arrogant, but poems and poets that I really like – with people who don’t subscribe to the Kenyon Review. The last time I checked, that is a good thing, as Martha would say. I’m going to keep doing it. That’s WTF.

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

4,329 films were submitted to the 2012 Cannes Film Festival. This blog had 19,000 views in 2012. If each view were a film, this blog would power 4 Film Festivals

Click here to see the complete report.

Like most rights, the right secured by the Second Amendment is not unlimited.  From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.  For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.   ImageAlthough we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools Imageand government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

We also recognize another important limitation on the right to keep and carry arms.  Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.”  We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”  Image

It may be objected that if weapons that are most useful in military service—M–16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause.  But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.   It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks.   But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.

District of Columbia v. Heller, 554 U.S. 570, 626-28, 128 S. Ct. 2783, 2816-17, 171 L. Ed. 2d 637 (2008) (internal citations omitted).

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These are the things my ten year old is looking forward to this Christmas, and how grateful I am to be able to do them.

Spread peace.

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Yup, I know.  I’m putting together a couple of things in my head as we speak.

In the meantime, I’m thinking West Chester University for next year’s conference.  Because, you know, new formalism.  And A.E. Stallings.  It will be a stretch for me, and I am by no means sure of admission.  YOLO, right?

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If you’re a lawyer who reads the ABA Journal, you know Angus.

I met him about twenty years ago, when my dad, who knew I was thinking about law school, gave me a subscription to the ABA Journal for Christmas one year.  It wasn’t the convertible I was hoping for, but ultimately I got a lot more mileage out of it.  (You like what I did there?)

This month Angus and his progenitor, Jim McElhaney, say good-bye after twenty-five years.  Wow.  That means I got in practically on the ground floor.

I have been wanting to pay tribute to Angus in my own small way, and because it seems to me that Angus has never had much of a life outside the little room from which he issues his wise words, I thought I would take him on a vacation.  In honor of his retirement, you see.  But Angus is a fictional character, and under the laws of physics and Strunk & White he can only travel to fictional locales.

I’m having fun with this.  I hope you do too.  And Professor McElhaney, if by some miracle of the Interwebs you ever get to read these, thanks.  It’s been twenty-five really good years.

Look for my first post tomorrow, wherein Angus will pay a visit to some fictional characters you will no doubt recognize.  More posts will follow for the rest of September.

Beannachd leat, Angus.

Time for nominations for the ABA Blawg 100.

It would be cool.

I’m just sayin’.

Make your nominations here.  Thanks!

 

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. . . we don’t want to see this either.

 

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Nothing substantive to report here, but since this photo has been making the meme-rounds it seems an apropos follow-up to my pit bull post.  I haven’t the slightest idea how to photo shop, but there are so many interesting possibilities here I feel I should learn.

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