Greets and Huggers. Posted the evening of February 27, 2015. All human endeavors have a beginning and an end. Like anything else, this holds true for the Ramblings. Given the medical issues I am dealing with, (stroke, brain tumor, (benign), macular degeneration and peripheral neuropathy) … this will be the last one. I published the first Ramblings February 22, 2002, and each Friday evening thereafter for the past 13 years. Until December 29, 2006, the Ramblings were published as a separate HTML Website, (Click HERE for a searchable link page). Since January 5, 2007 until today, the Ramblings have been published in a searchable WordPress Blog format based at http://karltimmerman.com/Ramblings/.
The Ramblings were a joy to write and research. Each, no doubt, enjoyed by the 30 or 40 folks who took the time to read them. Words added to our lexicon … “Puppy Shark” and “Love’s Aftermath Lawyer”. And phrases: “If you serve yourself as a pancake, you get eatin as a pancake.” … “The best thing about taking the moral high ground … is the view.” … “The joy in life is not in being there … but helping another get there.”
Each Ramblings is a snapshot, a time capsule sharing what the SFIG topic de jure was the week it was written. A gauge of current events … like our march into Iraq. The most poignant one? September 11, 2002. And a “bully pulpit” to effectuate change, (like a statute of limitations for bar complaints or the ability to destroy client files after 10 years of no contact with the client).
And some things not accomplished: FNR, March 11, 2011. “Share with me … how can we amend R.S. Mo 484.020(2):
“Any person, association, partnership, limited liability company or corporation who shall violate the foregoing prohibition of this section shall be guilty of a misdemeanor and upon conviction therefore shall be punished by a fine not exceeding one hundred dollars and costs of prosecution and shall be subject to be sued for treble the amount which shall have been paid him or it for any service rendered in violation hereof by the person, firm, association, partnership, limited liability company or corporation paying the same within two years from the date the same shall have been paid and if within said time such person, firm, association, partnership, limited liability company or corporation shall neglect and fail to sue for or recover such treble amount, then the state of Missouri shall have the right to and shall sue for such treble amount and recover the same and upon the recovery thereof such treble amount shall be paid into the treasury of the state of Missouri. … and …
(3): “It is hereby made the duty of the attorney general of the state of Missouri or the prosecuting attorney of any county or city in which service of process may be had upon the person, firm, association, partnership, limited liability company or corporation liable hereunder, to institute all suits necessary for the recovery by the state of Missouri of such amounts in the name and on behalf of the state.” … to allow a representative of our Bar to file a civil action for damages, including forfeiture of any amounts generated by the unauthorized practice of law … the funds to be donated to the victims of people harmed by lawyers or persons engaged in the unauthorized practice of law?
And the “Vacation Rule”: FNR, January 18, 2008. Rule 55.40 Designation of unavailability of counsel of record.
- Upon notice posted and presumed signed pursuant to Rule 55.03, to the “Member Profile” portion of the “Members Only” portion of the MoBar Website, (www.mobar.org), the filing party may designate up to four weeks per calendar year, three of which may be continuous, or lesser portions thereof, of unavailability due to personal time, as a matter of right, provided: a) the filing party is designated “lead counsel” or the only counsel of record representing a party; and b) notice posted designate an emergency contact and specific dates of unavailability; and c) the notice must be filed no later than 60 days prior to the unavailability dates sought to be designated and may not designate dates already set or noticed up for court time on the date the notice is posted.
- Absent leave of court after motion made and such action designated an “emergency”, no action may be taken nor matter set for hearing during the filing parties designated unavailability dates and any action taken in violation of this rule shall be held for naught. The computation time for responsive pleadings, motions and discovery shall exclude “Designated Personal Time” dates.
- Nothing in this rule shall preclude an individual attorney from taking such other periods of personal time as such individual deems necessary or appropriate but may not be taken as a matter of right.
Rule 44.01, Time, Computation of Extension – Expiration of Term – Service of Motions.
(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, Designated Personal Time or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, Designated Personal Time or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, Designated Personal Time nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, Designated Personal Time and legal holidays shall be excluded in the computation.
And Gay Marriage, August 8, 2003 almost 12 years ago: “Marriage is now viewed by most, as adult centered. We marry later in life, 25 for women and 27 for men. A marriage celebrated today has a 50% chance of failing, (guess finding the right soul mate is not as easy as dropping your Levi’s and …er …. boinking). Divorce/Dissolution is now “no fault” and easier than ever before: the net result, ONLY 69% of our children grow up with their biological parents, (down from 89% in 1980). Now, marriage is viewed as a union of “souls”? Reread Leviticus ….. taken literally, we would have to kill gay folks and our mouthy teenagers, some of the sheep herders in Wyoming and the sheep, we would have to kill a bunch of folks in Arkansas, our diet would be curtailed, our slaves would suffer and PETA would make sense to me, (killing all those animals as a sacrifice seems somehow wrong). I’m not a biblical scholar … so share with me where in the New Testament, you get to choose which of the laws in the Old Testament continue to apply? I can not find a cite in the “New Testament” that says the “Old Law” does not apply. In Mark 12: 28-31, Jesus says that the most important Commandments are (paraphrased), Love God above all else and love your neighbor as you would yourself. (Also see John 13:34-35; John 14:21; John 15:12 and John 15:17). I’m assuming the “love” referred to is not sexual …… hehehe …. have no desire to be loved by a gay guy, the way he would like to be loved. So share with me … if a “soul” is neither male nor female … why would the civil recognition of two “souls”, (in same sex bodies), joining as one, committing civilly to each other, in order to have the right to inherit, social security benefits, the right to take against a will, to have health insurance for partners, automatic inheritance rights, decision making for an incapacitated partner, hospital visitation rights, joint credit and property rights ….. be so repugnant? Would it make a difference if we called it a “Relationship Contract”, instead of “Marriage”? Don’t know. But do know this: I know gay couples that love, cherish and care for each other every bit as much as Susan and I. It is wrong to deny them the legal benefits Susan and I enjoy because of their plumbing. I can not and will not believe, my God, who is the God of Love, of Compassion, of Forgiveness and who, according to every Christian theology, sent his only begotten Son to preach, first, “Love God” and second, “Love One Another”, would condemn these couples to hell because these souls love each other but have the wrong plumbing. ‘Nuff said.”
From the February 9, 2007 FNR: “The SFIG, this little “Family” of lawyers is unique in that the SFIG with it’s 620 members is more representative of the majority of our Bar, than the Board of Governors. For the first time Solo and Small Firm Lawyers can chat with each other, compare notes and bitch about clients and changes that need to be made. We support each other by listening and offering advice. We can and do share our lives. We pay 66% of the Bar’s bills with our dues and we pick up the tab for our Board of Governors to meet … in some very nice places, (outside Missouri). Yet a major portion of our dues pays for the OCDC, (Office of Chief Disciplinary Counsel), to police our profession … (chuckling) … share with me: what other Professional Organization/Committee/Association do you know of that requires you to a get a post graduate degree, which then entitles you to take an exam, which, should you pass … requires you to pay dues to be a member … and a significant portion of those dues goes to protect the general public from you? I must admit, there have been changes for the better, in the past few years. We now have a statute of limitations for bar complaints. We can now destroy old clients files after 10 years of no contact with the client. Commencing in June, our Bar will provide a basic on-line legal research tool. Yet, there are additional changes to be made: a “vacation rule”. A universal picture ID or in the alternative, should a county issue a picture ID to by-pass security, they must honor the picture ID of a sister county. And for me a common sense change in the way the OCDC operates. Currently, should one of your clients file a bar complaint against you, if the Bar decides not to investigate … you will not know about it because you do not receive a copy, (it is just placed in your file). So, if you receive several of the same complaints, if they decide to investigate … do they bootstrap the prior complaints? Don’t know. Wouldn’t it make more sense just to send you a copy of the complaint … a heads up to check what you are doing?”
I remain nicotine free. I know my Dear Lady Friend Stacey M, et. al. are also fighting the monkey: (BBC NEWS) — Tobacco ‘kills two in three smokers’ “The death risk from smoking may be much higher than previously thought – tobacco kills up to two in every three smokers not one in every two, data from a large study suggests. The study tracked more than 200,000 Australian smokers and non-smokers above the age of 45 over six years. Mortality risk went up with cigarette use, BMC Medicine reports. Smoking 10 cigarettes a day doubled the risk, while 20-a-day smokers were four to five times more likely to die.” If you are a nicotine addict: put whatever nicotine delivery system you prefer down … and walk away. Nicotine remains the single greatest cause of bladder cancer.
Speaking of walking away? Time to post these Ramblings and close the covers of this book. This part of my life. Waiting for Susan to get home and settle in for a quiet evening at Ft Timmerman. Later when I say my Thank You’s for the many blessings in my life and Susan to share them with … I will also say, (as long as I live), a prayer for the safe and soon return of our men and women in uniform, (care to join me?) Be and sleep well, (Live Long And Prosper), the best we have as a nation are on watch so you can. If my post offends, I apologize … that is certainly not, nor was it ever, my intent. As always …
A Warm Brotherly Hug
KarlT (the dumb old country lawyer from Holden, Missouri and the Editorial Staff)