Elizabeth Warren for Senate, Really?

Here is another short contribution as I blog from an undisclosed and inconvenient location.

It was announced this week that Barack Obama passed over Elizabeth Warren to run the Consumer Financial Protection Bureau. In response, Daily Kos, among other progressive outlets, is pushing to get Warren to run for Senator from Massachusetts.

Don’t get me wrong. I absolutely LOVE Elizabeth Warren. With so many children trying to run the show, Warren stands as the adult in the room. I find her non-partisan and no-nonsense. She was perfect for the CFPB job. Apparently Obama felt she couldn’t get confirmed. Why do you think she couldn’t get confirmed? Because she was ready to change things and no one in Congress, despite all the rhetoric to the contrary, wants anything to change.

So the alternative is to place Warren in the very dysfunctional body that would not confirm her nomination? What difference will she make as a Senator? Absolutely none. What difference can any ONE Senator make? Absolutely none.

If you’re a gifted plumber who can’t find work and are also a total klutz, do you decide to pursue a career in Major League Baseball? Warren is not a politician. That is what makes her great. She will not move the Senate one iota and at worst, the Senate will ruin her.

Respectfully,
Rutherford

Photo by David Shankbone

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238 thoughts on “Elizabeth Warren for Senate, Really?

  1. I vote Elizabeth Warren for Queen president. She is a person of integrity. That is a foreign quality in today’s politicos and “saints”. Of course those folks don’t want to change anything. It’s just the way they like it…

  2. Folks, I swear I witnessed the price of gold briefly reflect a shaving cream pie. Man….I love this shit.

    Rutherford, I was trying to explain earlier…..my losses are not infinite when I short. I’m simply buying puts and calls as a level 2 trader. I can only lose 100%. My contract expires one way or the other or I sell it on the market.

    I’ve only seen Elizabeth Warren once, the other day. She seems like a really nice lady.

    Rutherford, serious question. How can anyone claim to be “progressive” anymore? Are you a “progressive”? Given the state of our debt, how is that possible? Do you guys compartmentalize the debt in your brain?

    Can you explain how a “progressive” would fix the looming bankruptcy of America? Or do you not believe in the premise in the first place?

    Do progressives applaud the printing of money?

    My questions are serious. I don’t get how you guys can even exist.

    It’s like claiming to be a pacifist during the bombing of Dresden and then going for a Sunday stroll in the town square.

  3. Weeeeeeeeeee! I love roller-coasters! There so fun! sometimes you have to wait in line…..but then…..weeeeeeeeeeeeeee!

    Crash Gold! Crash silver. Be good girls for the rabbit.

    Of course they will kick the can!

    Weeeeeeeeeeeee!

  4. my favorite Obama speech:

    “The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies.

    Over the past 5 years, our federal debt has increased by $3.5 trillion to $8.6 trillion.That is “trillion” with a “T.” That is money that we have borrowed from the Social Security trust fund, borrowed from China and Japan, borrowed from American taxpayers.”

    “This rising debt is a hidden domestic enemy, robbing our cities and States of critical investments in infrastructure like bridges, ports, and levees; robbing our families and our children of critical investments in education and health care reform; robbing our seniors of the retirement and health security they have counted on.

    Every dollar we pay in interest is a dollar that is not going to investment in America’s priorities.”

    Senator Barack Obama
    Senate Floor Speech on Public Debt
    March 16, 2006

  5. Given the state of our debt, how is that possible? Do you guys compartmentalize the debt in your brain?

    How else could you look at government’s failures on both a state and federal level and conclude that the failure was a result of government not having enough money?

  6. God bless Ron Paul! He seems genuine in this moment, and we need to do what he’s telling us. This is right on. Thanks rabbit.

  7. I don’t see many social services surviving this current crisis. PP has been branded evil by folks that think it okay to target stink beards with DU. Expect more unwanted pregnancies and abortions when PP goes away. Privatize, baby. Get the getting while the getting is good, rabbit. You’re right, maybe three years and the opportunities will be gone.

    End the Fed. Have you signed that one?

  8. “Expect more unwanted pregnancies and abortions when PP goes away”

    So the same people who so easily and effortlessly find PP for abortions CANT find PP for condemns? Man that’s strange.

    Darn. I thought we were going to do some horse trading.

    You voted for a big bloated government and still cry out for Nanny.

    Did you even listen to what Ron Paul said?

  9. Rabbit asks “Are you a “progressive”?”

    I’m not sure what the heck I am anymore. The labels seem a bit silly. I’ve always prefered “liberal” to “progressive”. What’s progress to one man is deterioration to another.

  10. “One side wants entitlements and the other side wants war.”

    Ya just gotta love Ron Paul. I’ve said it before and I’ll say it again, if it weren’t for his racist past I might very well be a Ron Paul fan.

  11. Did you mean condoms, rabbit? Otherwise, you’ll need to interpret.

    PP provides birth control and women’s services cheaper, free in some cases, to girls and women that can’t afford to go to a regular private practice physician. You expect that the need will go away as soon as they are shut down? Think the ER is busy now?

    I never voted for bloated government. It has been growing all my life, despite who gets in office. I voted for someone who said he was for going in and kicking some ass. Unfortunately, it looks like there’s been way more kissing than kicking. My bad.

    Of course I listened what he (RP) said. Forget paying the FED back, it isn’t real money, downsize the MIC, loose the nanny state and get this nation back in shape. Take the country back from Israel, since they aren’t helping the US of A. What did you hear?

  12. “I never voted for bloated government”-Poolman

    Dude…you voted for the most left wing Congressman for President there was. Millions of people like you did.

    Oh…you mean the “hope and change” pep rallies got to you and you ignored Obama’s voting record?

    Mr. Conspiracy theory himself being suckered by fucking pep rallies?

    And now that Obama has pretty much crippled us…..It’s simple math…add it up…..and you give lip service for limited government.

    Ass kissing?

    Look at the money he spent!

    Look at what he….strike that….look at what YOU did to your grandchildren by voting for this dude!

  13. Senate my ass. Are you nuts? She doesn’t need to settle for Senate. Elizabeth Warren should be the president. She could take on Bo in the primary and slice his ass to ribbons. Kinda like in the cartoons when two guys swordfight and one says, “Ha! Never touched me!” And then as he walks away he falls into about ten slices.

    I am reading The End of Prosperity by Laffer. Wow, even though I lived through the Nixon years I had no idea how badly he screwed up this economy. Laffer ranks him above even Carter, who was just horrible.

    Then Reagan. My God, the years under Reagan. Like a dream. Great story about his first cabinet meeting. His cabinet was waiting there to see what this actor from California, for God’s sake, had to say about how to attack the carnage left in Nixon, Ford, and Carter’s wakes. The story goes that he walked into the room and didn’t say a single word until things were absolutely quiet. Then, pausing nearly a minute for theatrical effect, he said:

    “Gentlemen and ladies…I hate inflation; I hate taxes; and I hate the Soviets. do something about it.” Then he exited the room.

    Where are you, Gipper, now that we need you so desperately?

  14. poolman –

    Let me get this straight: You are a Ron Paul fan, an Elizabeth Warren fan AND a Planned Parenthood fan?

    Surely I must misunderstand. Theoretically those things are not mutually possible, yet I feel the same way. Shouldn’t we start cussing each other or something?

  15. poolman –

    BTW, I know you are pretty good friends with Craig over at Fat Grannies. I am worried about him and his wife. I called his cell phone over a week ago and he never called back. His wife has “triple-negative” breast cancer, which can be a very bad actor. Do you have any info?

    Apologies for OT but I don’t have any other way to contact poolman.

  16. Oh yes, pfesser.

    You got that right. And you pointed to one of the main things wrong with America right now. The right AND the left only accept you if you fall in line directly behind their shifting core principles.

    How about a Ron Paul/Elizabeth Warren ticket? I could vote for that.

    On a side note, I don’t think these supposed conservatives know when a question is posed to them. I can say unequivocally since I’ve been coming here, I’ve posed the most unanswered questions.

    I get more courtesy and participation from my 8 and 5-year-old grandkids – well, most of the time, anyway. 😆

  17. pfesser,

    I haven’t heard from Craig. The last email I got from him was around the time he last posted over at M&H maybe a week ago.

    Rabbit doesn’t believe the folks in Hollywood use the media to shape, satirize, or predict future planned world events. He thinks it’s strictly entertainment. He obviously hasn’t read ZB’s Grand Chessboard, a free download, to understand that the events of the past few decades are mostly going per the script. At least Ron Paul gets it.

  18. “Gentlemen and ladies…I hate inflation; I hate taxes; and I hate the Soviets. do something about it.” Then he exited the room.

    Another anecdote about the old Gipper. Forgive me Pfesser if I’m not impressed. Obama essentially did the same thing with Congress … “these are my principles, now Congress go do it” and he gets labeled a lousy leader.

    Why is delegation a grand story with Reagan in the starring role but abdication of responsibility when Obama takes over?

  19. Pfesser, do I remember correctly that you have some flying experience? I had my “farewell” dinner with my Dad tonight at a restaurant on the grounds of a municipal airport where many of the tables give you a view of the runways. It’s kinda cool because some folks literally fly right up to the restaurant, get out and come in for their meal.

    One thing I was curious about was …. do airplanes have their model numbers on the side of the plane? Or are the numbers on the plane kinda like a license plate number? I’m pulling this out of my very poor short term memory but one of the planes had N1845Q on the side of it. Does that ring any bells as a type of plane? (I’m not entirely sure about the “Q”).

  20. Elizabeth Warren for President actually is a pretty good idea. I didn’t think of that while writing this piece. Unfortunately, as we’ve learned only too well, the Prez is also a politician. So Warren would be a poor candidate for that job too.

  21. Rutherford,

    Warren would do better as queen. Presidents, as you say, are too much like politicians. Looking back, however, Obama was a gifted politician. That should have probably set off some kind of alarm bells. It sure does now. But with McCain tripping all over himself, I think we could have run anyone, especially following W’s monstrous fiasco.

  22. HA!

    Obama is more like a king than a politician.

    Politicians at least know how to work the system to get things done. The only way Obama knows how to get anything done is to completely bypass the system, as if it doesn’t exist.

  23. The “system” is rigged. It only plays one neocon tune after another. We need to unplug and dismantle the “system” and rebuild this house from the its once strong foundation on up.

    If you think Obama is kingly, you are not as intelligent as I had given you credit – at least in regard to histories of reign and actions of kings and their domains. You might want to review the history of a few real kings that did actually rule parts of the world. There a few presently. True some are figureheads without real authority, but most were like gods. History is full of them, and there is no comparison to Obama.

    Obama is a peacemaker and people-pleaser, smart enough to read the writing on the wall, but unable to translate it into anything meaningful and uplifting for the masses mired in the bureaucratic goo that’s been poured over them for generations. Previous politicos and their agents have paid to divide our inheritances among the various power brokers of the planet.

    Obama’s stuck in a job where “daddy’s” kids have total job security, hold all positions of authority, and the rules don’t apply. If any positive things get done, they must happen totally under the table. Covert justice. Undercover righteousness. Secret restorations. There are a few happening. Too few for most to notice.

  24. “Why is delegation a grand story with Reagan in the starring role but abdication of responsibility when Obama takes over?”

    It wasn’t the principle of delegation; it was the theatrics that I liked. It was the idea that There’s a New Sheriff in Town And Things are Gonna Be Different. A new day is coming.

    The thing I liked about the Ron Paul speech is that he understands perfectly what the price of gold means. Gold really pisses off the politicians, because its price is a shining billboard that constantly exposes their follies to the people.

    Unfortunately most people don’t know what the price of gold really means.

  25. re: smoking and cancer. To my mind there is absolutely no question about cancer and smoking for the smoker himself. It’s been likened to a blind man with a rifle on the next mountain ridge, shooting at random. He just shoots, day and night. Every shot has an equal likelihood of getting you – slim – but over time you will die. It may be the first shot (lucky you!), the 50,000th, or the 3 millionthth or you may die of something else first.

    My cousin the family practitioner just died of old age. He told me that in 1940 his whole med school class turned out to see a woman with lung cancer; his professor told them it was so rare that they would probably never see another in their entire practice lives. Almost no women smoked then.

    The second-hand smoke thing I am totally ignorant about. The theory goes that the cigarette itself actually filters the smoke somewhat for the smoker, so his concentration is somewhat less than that coming off the end of the cigarette into the air, i.e. the second-hander gets a high concentration too. Seems bogus to me, but my mother (and for about 7 years my father) smoked in our house and I’ve had pulmonary problems my whole life, including asthma. Don’t know. My brother (who died of lung cancer, BTW) had a daughter who stayed ill all winter long once the house was shut up for cold weather. I know it can’t be good for you.

    If you ever see a pneumonectomy for lung cancer you will stop smoking and never look back. It’s like cutting into rotten meat, except it is a human being. Horrible. Just horrible. Show that on TV once and the tobacco companies would go broke, IMHO.

    re: airplane numbers. They are registration numbers with the FAA. All American planes begin with “N.” You can request special numbers and get them if they are available. Mine has the initials of the guy who rebuilt it after it sat in the hangar for twenty years.

  26. I am taking a break from “blogging” for a few days so you saps don’t have to be cussed, but this was too good to let pass up for those whining critics of FOX News, and there are a few of them here, about News Corp being in the pocket of Republicans.

    Do you shadada types want to guess who is the All-Time recipient of News Corp. donations? I’ll give you a couple of hints:

    (1) He’s a duffer at golf, but he loves to play even during national crises
    (2) He thinks there are 57 states
    (3) He thinks Corpsman is pronounced “CORPSE MAN”
    (4) He gives shout outs before announcing the death of 13 soldiers shot by an Islamo radical.
    (5) It hardly caused a ripple last year when he railed against BP and then was revealed to be their largest campaign recipient.
    (6) His wife has an onion booty.
    (7) His mentors and mom were pinko, the latter being absolutely nuts. 🙂

    That Bastard Rupert Murdoch Always Shilling for ReBiblicans

  27. You can cuss me anytime. . . . you asshole!

    Damn straight! 🙂 Islamophobic too! A real bastard and jackboot. Probably a wife beater.

    Where you been brother? You didn’t take one of those fancy European styled vacations again, did you?

    You and BIC will probably be cussing me before too long too. I’ve decided to construct my own recommendations to the Dimocratic party for “revenue enhancements” and spent part of yesterday constructing my proposals.

    I may even run for Congress when these get published. I’m going to submit them to my home newspaper. They used to always publish my stuff – and a city food fight ensued! 🙂

    One of my recommendations is wind-fall profit tax on trial lawyers,

    How do you think that would go over?

  28. No fancy European vacations. Hell, that last one was work anyway. Hell, I could use a fancy European vacation. Shit. I’ll take the Panhandle at this point.

    Truth be known, you and Rabbit have had me in a deep depression. I now realize the need to abandon lawyers, and revert back to the tried and true lynch mobs if we want justice. 🙄
    (sorry Rabbit, the last exchange with you was only irritating, not illuminating — but you got a hardy endorsement from Poolman, so at least you got that going for you).

    Actually, I’ve been at trial. I popped in here a couple of times but didn’t see the discussion moving anywhere — well, except for Rutherford’s confession that Obama is a disaster! 😆 😆 R, don’t correct me. We all know where you’re at now. Obama proved to be a discredit to his race. We can all go back to Jim Crow the way God and our theocratic founders intended. 😆

    Wind-fall profit tax on trial lawyers? Since I wouldn’t qualify, I say go for it. If something changes, I’ll engage BiW who fortunately does the tax work I’m not smart enough to handle.

  29. El Tigre –

    Not to kick a man when he’s down…(but of course, maybe that’s the BEST time to kick him)…a friend of mine opined that the reason lawyers never go on strike is that they realize that after a short interval the rest of us would figure out that we don’t need them.

  30. Tigre, good to see you back. I was actually starting to worry a bit but since you’re not as addicted as Tex I didn’t lose any sleep. Heck if Tex misses a day without pre-announcing I start combing through the Tulsa obits. 😉

  31. PF, after seeing how we all suffered after the last doctors’ strike, I see your point. I see you poor guys going broke all the time with us law-yas around. 🙄

  32. The things you take for granted when you’re not a disabled father. Today is Parent’s Day at my kids day camp and I’m sitting on the sidelines cos my scooter can’t navigate the entire camp. At least my wife is keeping up.

    Not having a pity party, just a bit irritated. 😦

  33. El Tigre –

    We should both just ‘fess up. We are in collusion, but the doctors don’t know it. (The lawyers do, but they’re smarter, in my experience.)

    The name of the game is “take the patients’ money.” It goes like this. The patient has to have medical care so he is compelled to see a doc. The doc must have insurance to practice. The insurer must show a profit or go out of business. So here’s how it works. I take the patient’s money. The insurer takes that money from me, after I get a slice of course. The lawyer takes that same money from the insurer when he sues me. Everybody is happy. Well, everybody except the patient, who pays the freight for everybody else because, you see, when my insurance goes up, my fees go up.

    It’s like Buffett says about being in a poker game for a half hour: if at that point you still don’t know who’s the patsy – you’re the patsy. So the juries who love to tack ever more zeroes on awards are themselves the patsy, since they eventually pay every dollar they award.

    My college boys call it ICBM – “I cock-blocked myself.”

  34. Rutherford – I haven’t been here very long, so I don’t know all the background stuff. What type of disability do you have? The reason I ask is that Dean Kamen’s company has some pretty nifty stuff, including stair-climbing wheelchairs.

    If that question is out of line, feel free to ignore it.

  35. Cocky “R”, cocky. You’d miss me if I went obit. Well, maybe kind of miss me. Well, you’d miss the traffic. Well, maybe not that either. You quit taking me seriously long ago, so your blood pressure is normal. Probably true, but very cocky.

    And if it weren’t for 110 in the shade and my daughter driving as we speak with me hanging in a chair for report, I wouldn’t be here today. I actually have things to do. A mission. 🙂

    You know Tigre. It was truly tough for me to come up with a way to punish the Dimocratic party and its lackeys without hurting those attorneys I do like and admire – and I’m starting to realize there’s more good ones that I first thought. When I go off the deep end about the shortcomings of our justice system in a rant, it is not to vilify a law degree which is quite an achievement or the methodology, basic precepts and theory of criminal law – but the inherent weakness of people involved and facilitation of punishment.

    Then I got to thinking – trial lawyers. That wouldn’t punish guys like BIC or Tigre and I could still twist the balls of the toadies of the Dimocratic party. 😈

    You ought to see my list for Hollywood.

    How about an excise tax on movie tickets? That one actually made me giggle. That, and we’ll close all those Hollywood tax loopholes. That ought to fry some big shot, lib asses.

  36. Mr. R.

    I was going to share this with you personally, but since you mentioned it here, I thought about you in Florida – besides mooching off you for the blog battles and coming into turn Tigre into a state of depression. I am a sponge of sorts too.

    My wife and I went for a walk one morning on vacation and happened to walk up on a public access point – very nicely built and maintained. It was constructed for view of the Gulf, the beach and had nice handicapped access to see the sites in between these monstrosity of homes that line that gulf. But then to get to the real beach area was a series of steep, sand covered steps and the sign announced limited access, or something of a sort.

    And I told my wife about you, and how talented a writer you were, and how much time I had wasted here, and your unbelievable ability to tolerate my grief with you still a good sport after almost three years – about how I much I took for granted because I had never had any real physical struggles and had no excuses. And I realized if that were you instead of the incredibly healthy old gal I’m married to, that was the end of the line. And it pissed me off for some reason at life. That so much of what we are is how we’re born and who we are born. For one moment of clarity, I kind of returned to what I once was before I became so jaded – introspective.

    And my wife told me she missed that in me anymore. That was one of the things she used to love about me so much – carefree, funny, not so serious. That maybe it was time for me to lighten up and get back in the swing of things. She was not being pushy, because she is my one and only angel and my best friend – damn near a saint. But she did have a point.

    Bud, if you had been with me instead of my wife, I would have put you on my back, and we would have bounded down those steps hooting and hollering, and we would have hit that beach, and put up an umbrella, and made a nice tub of unsweetened tea or whatever you like to drink, and we would have put our feet in the sand, and shot the bull for hours about nothing important – laughing our asses off.

    Maybe some day before we really do grow old and gray. Goes for a few of you others too.

    I do enjoy your company and your wit M. You remember that in case one day I really do disappear for good. I have enjoyed our paradox of a pen pal friendship immensely and you won’t be forgotten.

  37. Pfesser, since I already broke my promise, here goes.

    You make a very legitimate point with a little humor about the unintended collusion – indirectly my exact same beef with a trial made up of “peers.” Those don’t exist.

    Every time I see one of these class litigation lawsuits, I know fully well our society is shooting itself in the head. And for some reason that I can not figure out, consumers or those that sit on juries making ridiculous judgment of civil reward, apparently fail to recognize that ultimately everyone gets to pay for that – including them.

    It’s the same misconception that corporations are like individuals. Tax a company and the thru put is simply passed on to the consumer. Reward a ridiculous monetary judgment to enrich a few unscrupulous attorneys and get out your own wallet. Abuse an insurance company or commit fraud, and watch your own rates go skyward.

    That is why, whatever happens with our tax code or our healthcare system, everybody has to have skin in the game. Everyone has to either benefit or suffer the consequences of the decisions reached. There’s an inherent problem in a capital system where 47% of the workers pay nothing in federal taxes.

    Case and point. Each night, I watch reruns of Star Trek or the X-Files, or did until they all became available on NetFlix. Their biggest advertiser is a specialized, motorized wheelchair advertised as “free through Medicare”. If not, the manufacturer will pay the balance. Nothing out of pocket. Anybody else see a problem with that concept?

    And I sit there stewing about Milton Friedman’s often quoted first rule of economics (don’t know who coined it, but he liked it):

    There is no such thing as a free lunch. Somebody is paying for it.

  38. Oh damn, I am losing intelligence points with the guy who thinks the Simpsons tell him conspiracy secrets.

    “True some are figureheads without real authority, but most were like gods.”

    With the power to hold back the rising oceans! Yeah, Obama thinks he is like a god. Many of his worshipers do too. You seem to fit that bill pretty well.

    “Obama is a peacemaker….”

    Feel free to list the countries in which he has brought peace.

    “…and people-pleaser…”

    Yeah, statements like “I won” and 3 years of demagoguery really show how interested he has ever been in pleasing people.

    “Obama’s stuck in a job where “daddy’s” kids have total job security, hold all positions of authority, and the rules don’t apply.”

    What rules apply to Obama, as far as he is concerned? He bypasses congress with signing statements. He bypasses congress with agencies. He bypasses congress in matters of war. Exactly which rules Obama apply to himself?

    “If any positive things get done, they must happen totally under the table. Covert justice.

    You mean like secret CIA black sites all over the world? Or do you mean like holding a guy on a ship offshore for months before sending him to any kind of court? Is that the kind of positive justice you are talking about?

    I think someone’s tin-foil hat is a little too tight….

  39. Tex –

    I used to have TANSTAAFL on the wall in my office in the early ‘eighties. Visitors would occasionally ask what it meant. I think I first heard it in a sci-fi book somewhere – Heinlein, I think. It may have been in “A Canticle for Leibowitz” – another post-apocalyptic novel of the ‘sixties.

    Re: the elephant in the room. I would submit that perhaps it is not only you who needs to chill out a little. Lots of stuff on my mind and most of it not good; I have remarked to my wife that I used to be a lot more fun. Hard to do sometimes, and shit builds up. ’nuff said, as they say.

    I typically read two books a week; one of my latest is on the Fair Tax proposal…it is put together by a non-partisan group of businessmen and academics who decided to offer something other than criticism of the current IRS way of doing business. One of its main points is that there are no corporate taxes; they are all passed down to the consumer as higher prices. Of course since the consumer has a choice, he is going to pick the lower-priced product, so corporate taxes accomplish nothing except killing the company and sending its production overseas, along with its jobs.

    re: being “more fun.” I want to strangle those people in Washington every day, but I am trying to fight them without getting *my* blood pressure to where it blows the top of my head off and also ruins my family’s life as they try to live with a ranting, raving asshole. The Patton approach is the best: make the other sumbitch die for HIS country – but by God it ain’t easy and I don’t always succeed.

  40. “Then I got to thinking – trial lawyers. That wouldn’t punish guys like BIC or Tigre[.]”

    I am a trial lawyer. I have always hated the broad “trial lawyers” for unethical or over-compensated lawyers criticism.

    Of course, we are ALL parasites according to Rabbit. 🙄 But do you mean personal injury and criminal defense lawyers?

  41. Pfesser, hey if I “go there” then within reason it’s fair game. I walk with leg braces and a cane but I also have respiratory issues so for long walks I use a mobility scooter.

    Normally the scooter meets my needs but this camp never heard of the concept of pavement. 😆

    Right now I’m literaly maxing and relaxing by the pool while the kid and wife go to parts unreachable.

    Dean Kamen is pretty cool. I have a friend who wanted me to try a Segway. “If I have trouble keeping my balance under the best of circumstances, how the hell do you see me on a Segway?” His heart was in the right place.

  42. Tex thanks for the kind words. I long ago reconciled myself to the fact that the world is not built with me in mind. Usually, other than some constant free-floating anxiety, it doesn’t really get under my skin. It’s just that my kid is getting to the age where she’s becoming acutely aware of what she can do and what Daddy can’t and it’s causing her anxiety. I guess I was hoping the day would never come but of course it has.

    She and I will both work through it … it’s just new territory, that’s all.

    P.S. It took you this long to mention me to your wife? Hell at this point you’re practically part of the Lawson family. At least I call you Tex. I’m just waiting for my daughter to ask me why I converse with a dead rabbit. 🙂

  43. “It’s just that my kid is getting to the age where she’s becoming acutely aware of what she can do and what Daddy can’t and it’s causing her anxiety. I guess I was hoping the day would never come but of course it has.”

    Who knows what the future can bring, Rutherford. The negative anxiety she feels over than now may turn into positive activism later. It’s been known to happen. 😉

    Hang in there, as I know you will.

  44. Hey Tex, as for losing your carefree self, corporate America ruined us dude. The “machine” saps all the life out of you unless you’re willing to surrender independent thought. I’m trying to get back to me circa 1999 before my mood started going down hill. That’s one of many reasons I’m looking forward to this move.

  45. Tigre, 😆

    Oops. And here I was trying to punish bastards that punish society with ill intent – and support the Dimocrats; not one of the good guys. Okay. I’ll concede. I’ll dream something else up.

    I still liked my idea of excise taxes on movie tickets, though. I’m not backing off that one. I would have included the popcorn too, but some theaters are still locally owned.

  46. Hey Tigre speaking of hovercraft, I saw my first live seaplane yesterday. It was at an airport restaurant so I didn’t actually get to see it land on the water but it was cool nonetheless.

  47. I apologize for using the term parasite. It wasn’t my intent to insult or disrespect. When I wrote that, I was in more of a self effacing mindset then anything.

    I will try to explain myself more respectfully.

    There has been around a 300% increase in lawyers over the course of roughly 360 months.

    I contend this has been bad for our country. It makes us less efficient, more expensive and may even be a major ingredient in a nasty cake of corruption on Capitol Hill.

    And while I’m always shocked over some of the sleaze ball morons who somehow pass the bar, your profession is made up of very intelligent people. These are people who could have been true producers. They could have been contenders, as the famous line goes.

    And while I’m throwing around played out sayings, let me address another one. “Those who can’t do, teach”. I feel there is a ton of truth to that one in many respects. The sad thing with lawyers is “Those who CAN do, practice law.

    Ultimately, there was a cultural change sometime 30 years ago where becoming a true producer wasn’t positively reinforced as it was before. And by no means is this fact only related to lawyers, as there has been an even greater societal push to become a bureaucratic stooge. My mom is still beaming over the profession I chose. It’s just that you guys are so much more talented and capable of doing so much more harm.

    Even lawyers fighting the good fight are often enriched by the sleaze bags lawyers on the other end.

    I have been very honest on here about both my own shortcomings as a man and the ones that exist in my profession. I have not seen this out of you.

    The doctor here said that 80% of ex-rays are defensive. 80%! I have seen unbelievable lawsuits over special education paper work.

    On my end, it may very well be anecdotal poop. I’m not sure it is in the medical field.

    I respect cops and don’t bash police. However, a 300% increase of cops walking the beat in my neighborhood would probably not improve my quality of life.

    Do I want to go back to Hammurabi’s law code and let the flood plains decide justice? Of course not. Would I utilize a lawyer if it’s in my interests to do so? Depends.

    Practicing law can be a very noble profession. So, I don’t mean this as a personal attack.

  48. Ok back to politics. I was listening to a podcast this morning of some idiot GOPher representative bragging to Chris Matthews about “Cut, Cap and Balance”. Chris asked him what exactly he was cutting and he responded “non-military discretionary spending”. Really?I can’t believe Rabbit asked me about my political labels. Anyone here who proudly calls himself a Republican needs to get his head examined.

    “non-military discretionary spending”. ROTFLMAO You’ve GOT to be kidding! When is someone going to get serious about this? I’m telling you, everyone in Congress is either clueless or thinks you are. 😆

  49. Hey everybody!

    Just poping in to see if anyone was pimping my ride.

    Good to “see” everyone is bright-eyed and bushy-tailed.

    Back to work. Have a blessed day!

  50. “I have been very honest on here about both my own shortcomings as a man and the ones that exist in my profession. I have not seen this out of you.”

    First, I have no shortcomings as a man. I am perfect in all respects.

    Second, you couldn’t possibly say that and have read a damn thing that I’ve written. That is the source of my frustration, Rabbit.

    I agree that there are sleazeballs, injustice, and all other sorts that exist in my profession (as in all), and I have said so in a variety of ways countless times. Your belief that all lawyers are at fault, however, is just stupidity. You’re asking too much of me to be an apologist for something based on an entirely false premise.

    There’s no grand conspiracy and we have an adversarial system of justice in this country the shortcomings of which aren’t the fault of the advocates. Abusing the system is something different entirely, occurs all the time, and was not the point of your attack. Yours was an attack on the system in general and me in particular as a member of the bar.

    Now, you’re probably familiar with the often misunderstood Shakespeare line in Henry VI, “first thing we do, let’s kill all the lawyers.” Do you know what Shakespeare really meant?

    In the meantime, I am waiting for my windfall income on the backs of hardworking folks.

  51. Hey Tex, as for losing your carefree self, corporate America ruined us dude.

    It’s deeper than that “R”. More than you really want to know. Time to come clean. Forgive me for a moment for treating this like my own post – my own blog About Box.

    I’ll give my enemies all the ammunition they need, because frankly, I don’t give a damn anymore. It’s really not that interesting – another saga in a world of billions who have it worse.

    ————-

    I’ve lost faith in most people – including those that I helped out a great degree now working high paying jobs that I put them in. I pulled many a string and took great personal risk 8 years ago with absolutely no personal benefit. Isn’t that what loyal friends are supposed to do? Long story that I don’t wish to share in its entirety, as it too painful. But that wasn’t the first time something like that had happened. I didn’t hang on a cross, but I did get hurt. Money yes – but that wasn’t the worst of it. From that day forward, my attitude and trust has never been the same about people. Been over eight years now.

    That is reason number one I headed to med school and never looked back at corporate America “R”. I got two more worthless degrees and a whole lot of know how to sit on my ass and blog with strangers. I didn’t even know what a molecule was eight years ago. Do now. Wasn’t supposed to turn out this way and I don’t even make an attempt to change it. I’m comfortably numb.

    When I went to bat that final day of corporate America, I turned around “R” and realized I was all alone in this corporate fight between two merging companies. I had been lied to and crapped upon for weeks. I finally blew up. I took on some bullying execs and lost big time – and it wasn’t even me on the chopping block. Foolish. I can deal just fine with corruption, bastards in the work place, bad bosses, even losing job – though I never had until that moment. But not being stabbed, being made a scapegoat from other execs fearful of their jobs of which I had no part, and certainly not being forgotten and lied to by lifetime adult friends who were afraid for their own jobs.

    It was like the one time I had my heart broken in love as a college student – which later turned out to be an unanswered prayer because of my precious wife. These people had become second family over the years. I turned my back on that life and said enough is enough.

    Never in my life did I think two weeks after that, my beloved would be transferred 500 miles away from a 25 year job, and for the next five years I would play Mr. Mom so my kids could graduate from the only school they had ever known. It put a strain on everything. It worked great for the kids as evident by their successes and I’m grateful for the way it turned out – except sometimes it did strain a very close, very loving father/daughter relationship. My own mom was unable to help as she was caught up in her own life which sometimes still rubs me raw and she 3 miles awy. A good mom I’m not, try as I did. Men do not make good women. I realized that when I sat in a room with 35 females at a cheer leading meeting. Talk about having a flashing red light on your head and your dick in your hand. That five years drained me and somehow in the next year, I was put on a “waiting list” for med school, as there are only 88 positions available and being I could only apply to one school here in town, I lost interest.

    I doubled down on stupid and went anyway when offered the position, and burned through another $50K – even taking a leave of absence for a time to care for my folks with a kid still at home. I spent or “lost” over a million bucks to make that happen, plus my annual wages which were six figures. That’s no bull. Gospel truth. Those stock options would be worth well over a million bucks now; maybe two. I can’t even bring myself to look as it would make me sick.

    My mom was right and I was wrong – going to med school with very bright, very pompous mostly 22-25 year olds for 10-12 hours a day would wear on me – and it did. Try as I must, I could not bring myself down to their level of maturity and silliness. I had absolutely nothing in common but the same pursuit of the same degree. Those kids looked at me like their father, and I’ll admit I looked at them like they were my children because they practically were. When I wasn’t in class, I ate lunch and dinner alone in the hood. I’d see some of them crying from the pressure, try to offer them comfort or a friend’s advice and they looked at me like I had lobsters crawling out of my ears. Buzz off old man, and without someone to go home to each night to let me rant or just talk, it became pretty lonely.

    Minutes seemed liked hours five days a week. And you have to share in med school as I’m pretty sure Doctor Pfesser would tell you, as it is consuming. I was just too old for that anymore and with doctors and PHDs treating me like I too was 22, elderly parents still needing occasional help, me getting no more than 3-4 hours sleep a night, I said to hell with it. I’m through. The worst part? I had to use my weekends to play catch up – and every other weekend was the only time my wife was home. So guess which came first?

    Life has a way of cutting you to shreds “R” and you don’t even know it. I was plenty smart enough and the material was interesting in med school. Though you’d never know it from my cynicism and nastiness on these blogs, I actually do think I would have made a good doctor. I was well liked and fun, I used to enjoy people and could communicate with all walks of life. I was a good speaker, was young looking for my age, had “the professional look”, all of the little extraneous necessities doctors need. But like so many things in life, the timing was just not right.

    I have never been the same since that day Rutherford since I left corporate America. I freely admit it. I wait for the day my wife returns home retired. My hopes lie with my two kids whom I am very proud, so my wife and I can walk away from it all and concentrate solely on family. We may have enough now to live comfortably to the grave, but as I have recently learned you can go through hundreds of thousands of dollars in a matter of less than a decad just living.

    My wife has been more than great through this entire process. She is truly a doll, very wise and – an I mean this – a heck of a lot better than I deserve. Pfesser’s “diagnosis” the other night couldn’t have been more wrong. My wife is the only thing that does sustain me anymore. I won’t elaborate why I haven’t moved down with her, but there are practical reasons; one being we own the house and the market is terrible – the other our parents are elderly and I help care for them. Trust me – if I could, I’d be gone tomorrow and you goofs would seldom hear from me again. Most of this “commenting” is out of sheer boredom and lack of focus. Perhaps my wife is right – just go get a menial job to fill the day.

    The “machine” saps all the life out of you unless you’re willing to surrender independent thought. I’m trying to get back to me circa 1999 before my mood started going down hill. That’s one of many reasons I’m looking forward to this move.

    I wish you luck Rutherford. I really do. I hope somehow you make it big. If I could help, or knew how to, I would. If anyone deserves something good to happen, it’s you my friend. I hate your politics and I really hate your religious bigotry. But I care about you and like you. I pray for your little girl. There was a time we would have been good pals – politics or not.

    I’ll tell everybody on the board this and anyone else that will listen. Ten years ago, I took way too much for granted. I had no idea how good I had it and I’m not talking about cushy life or riches. I’m talking about whole life – balance, good marriage, money, friends, health. All of it.

    I don’t care who you are or how smart and successful you are, you can have that yanked from you as so fast to make your head swim. If you’re smart, you’ll acknowledge that while you still got the chance.

  52. decade…. 😡 No telling how many typos – didn’t even read until now. Just typed. Thanks for letting me share my heart. It had been a long time since I had done that and I feel better for it.

  53. El Tigre –
    Call me a dreamer, but I absolutely believe that men of honor in all the professions could sit down together and fix the problems. I sit here all day and watch the money get pissed down a rat hole. I just watched an ambulance come in, lights flashing and stop at the ER. The rear door opens and out rolls a stretcher with a 400#, prolly 28-30 year old woman strapped to it………appearing perfectly comfortable and texting. That ride probably cost you and me $4000. Most folks have NO idea the kind of money that Medicaid pays these ambulance companies per ride. And she was TEXTING. She will not have a ride home after they treat her vag-itch or whatever, and the nurse will send her home by ambulance again.

    And the fact is that if I fixed it the way it should be fixed it would cut my income by 1/3, but it would be worth it.

    Same for the legal system. I would wager that you know exactly what needs to be done to get about double the efficiency and cut the waste – and it might cost you some income, too, to fix it but I bet you’d do it.

    People sit right now in key positions but will NOT do what needs to be done. Makes me ill.

  54. One last comment. Tigre and to a lesser degree BIC. I hope you two never took a thing I said personally two weeks ago. Believe me about this. I never meant to insult you or your profession and not of that was meant as a shot across the bow toward either of you.

    You’re both obviously an exceptionally bright individuals with a wicked sense of humor, and if I ever have need for an attorney, I hope I can find someone like you.

    I’m just tired of injustice and it came spilling out. I abhor our legality and politics, as I find both blatantly unjust, pathetic and corrupted. Not the system itself – the people who oversee it and facilitate it.

    Hopefully you both know I both like and respect you. At least, as much as you can two strangers on a board who share their wit, their stories, and their personals.

    If I pissed either of you off, I am sorry. I guess I realized the other night, I really need to cool it and get my head screwed back on straight. When I’m tempted enough to have the kind of frightening thoughts I was having and the willingness to pursue them, I realized it is me that is out of control.

    I think I would have made a good jihadi. 😐 Especially if my tempters caught me at just the right moment.

  55. Pfesser, I don’t say this in jest. I’ll bet I could pick five or six people off this board – both sides – and we could do a better job of managing the economy, the justice system, and healthcare than the heavy chunks of beef running our country at this minute.

    And I guarantee you we are not alone.

    Consider it a conceit, but I am absolutely sure I could do a better job of managing our economy than Congress does.

    Yes, I am a Conservative. I am a hawk. But I am at least I am willing to acknowledge enough to know you can not get to a balanced budget without giving due consideration that our entire military enterprise may not be sacrosanct. I’m not talking about screwing our Vets – I would do far more and be far more generous for the families who serve than is done now.

    I’m talking about multi-billion dollar defense contracts that are so full of pork to be laughable. My first job was with a defense contractor. I speak from experience.

  56. “Your belief that all lawyers are at fault, however, is just stupidity”.-T

    I don’t believe lawyers are at fault. Certainly not you. I believe society as a whole is at fault. You’re exactly right, there is no grand conspiracy. It’s a change in values.

    Do you think the unprecedented massive influx of lawyers; amounting essentially to a grand redistribution of specialized, talented labor; have changed us as a society?

  57. On a lighter note, I like this guy. And he is right. Debbie Wasserman is a complete POS and gutless to boot.

    ———

    From: Z112 West, Allen
    Sent: Tuesday, July 19, 2011 04:48 PM
    To: Wasserman Schultz, Debbie
    Cc: McCarthy, Kevin; Blyth, Jonathan; Pelosi, Nancy; Cantor, Eric
    Subject: Unprofessional and Inappropriate Sophomoric Behavior from Wasserman-Schultz

    Look, Debbie, I understand that after I departed the House floor you directed your floor speech comments directly towards me. Let me make myself perfectly clear, you want a personal fight, I am happy to oblige. You are the most vile, unprofessional ,and despicable member of the US House of Representatives. If you have something to say to me, stop being a coward and say it to my face, otherwise, shut the heck up. Focus on your own congressional district!

    I am bringing your actions today to our Majority Leader and Majority Whip and from this time forward, understand that I shall defend myself forthright against your heinous characterless behavior……which dates back to the disgusting protest you ordered at my campaign hqs, October 2010 in Deerfield Beach.

    You have proven repeatedly that you are not a Lady, therefore, shall not be afforded due respect from me!

    Steadfast and Loyal

    Congressman Allen B West (R-FL)

  58. I think you are claiming the influx of lawyers only appeared because of market demand. Normally I would agree with you. I’m not so sure it’s the case when it comes to lawyers.

  59. Tex,

    If you think you might like to try something different, I have a former boss and good friend that oversees a venue there. I don’t know how they are set up for hands, but the work can be stimulating. I always did prefer the view from backstage. I don’t know if there’s any union presence there, either. Just a thought.

    Stay thirsty my friends.

  60. Poolman, I think I should thank you for that, but I’m not sure how to decipher that last post. I’m not sure whether I was just offered suggested help or advice, or patronized. 😈

    Part of that boring story of which was really done more for me (and Rutherford)…I meant I feel like Jimmy Stewart in “It’s a Wonderful Life”, where he did everything he could to move, but was trapped by the realities of “doing the right thing.” There’s people dependent upon me right here at home. I’m trying to be the dutiful son…

    I’ve even got an elderly neighbor I take care of for the little things on a daily basis – partially because I like her and she is a good neighbor; partially because the Man would want me to; partially because my wife “encourages” me to do so.

    Clarence still hasn’t shown up yet.

  61. Living in a hotel sometimes means the damnedest sh*t comes on the TV. We just finished watching a game show called “It’s Worth What?” the main attraction of which is Cedric The Entertainer repeatedly saying “It’s worth whaaaaaaaaaaaaaaaaaaat?”

    It was that or a gay themed episode on “Modern Family”. My wife, usually pretty liberal, finds “Modern Family” too modern for our 7 year old. My wife’s asleep. My kid is not. So ….

    It’s worth whaaaaaaaaaaaaaaaaaaaaat?

  62. Hey “R”.

    Not all Harvard graduates are terribly bright. Tonight, Billy Bumbling O’Reilly pronounced the Chi, as in Sigma Chi as:

    Chee as in Cheese. I guess Greek or Math weren’t on the journalist’s curriculum at Harvard, hey? Can somebody explain to me why the Northeast intellects find Southerners dumb? We know how to pronounce Chi and Corpsman.

    Have you given any thought to applying at FOX or MSNBC? You’re a heck of a lot more capable than all but a few the talking heads and all of the MSNBC shills – you need an a new co-host, though.

    You could play agitprop and I could be your side kick chickenhawk, holy roller? 🙂

    Flip you for Taylor & Lawson – Lawson & Taylor….

  63. Rabbit, I understand. Explain your point. I mean, there are thousands of more tax lawyers, corporate, intellectual property, real estate, contract, estate planning, criminal defense and presecutors etc. etc. etc. Why do you think that is? Could it be something obvious like complicated tax codes, sophistacted business transactions, international competition, greater personal wealth, more criminals???? I know very few med mal lawyers because it’s damn near impossible to make living on it with the resources spent defending the cases. They are expert driven cases of incredible expense and uncertain outcome. Over the top verdicts are hardly the norm (although they certainly make news when they occur).

    PF, you are in one of the medial areas that gets the largest number of suits due to the ever-present potential for misdiagnosis. How times have you been succesfully sued by a patient?

  64. “Tigre, what are your thoughts ion the ABA?”

    I don’t get the question. It’s a bar association that I don’t belong to because it’s not worth the cost of membership.

  65. Rutherford, my daughter made it to the Woodlands. TYG. She left at 6:00 AM this morning with me praying for the next nine hours. Glad I had the Lawson blog, because it took the edge off.

    That book I wrote above was completed with the confirming phone call. I didn’t even realize how long I had gone on.

  66. Other than the state bar (required for licensure), there are no mandatory bar associations that I am aware of anywhere. I belong to a number of sections of the Atlanta Bar and State Bar of Georgia pertinent to my practice area for marketing and continuing legal education.

  67. I hope somehow you make it big.

    So much of your comment resonated with me Tex but I did want to address this hope you expressed. Making it big for me right now means not being in debt up to my eyeballs, not looking at each day as a countdown to foreclosure.

    When I walked out of that closing three weeks ago, I was a free man. Everyone I tell my story to asks ‘how many months were you behind?” And I tell them with a proud smile, “not a single damn month”. Yes, I killed my entire 401K retirement account to stay afloat but I never missed a payment and I never asked anyone for a dime … most importantly my Dad who wanted to help me and I said no.

    Yes, I’ll be living in an apartment one third the size of my old home but I’ve got my self respect and I don’t live in fear of a bank anymore. Guess what? While not 100% yet, my gut has improved noticeably (and my wife’s blood pressure has gone down so far the doc lowered her med dose).

    So yes buddy … now that I have a better understanding of what making it big is, I feel like I’m on my way.

  68. I heard earlier today about Allen West’s note to Debbie that he made sure went viral.

    Debbie vile? Sounds like hyperbole to me. Debbie has upped the ante recently on inflammatory rhetoric but I’m not sure I’d call it vile. Besides she sounds like Elmer Fudd. Just how vile can that be? 🙂

  69. So you think the ever growing per captia ratio of lawyers is caused by a market response by an ever growing and sophisticated society.

    Probably a valid point.

    I have to wonder though, particularly when I read modern day legislation, do these new hordes of lawyers actually unnecessarily cause complexity, discord and conflict? You guys certainly profit from it.

    Did the chicken come before the egg?

    Is there a downside to the exponential growth of your profession?

    I tell you one thing, many local state bar associations, encouraged on by the ABA, pulled some shady stuff a few years ago that almost reads word for word from the Longshoreman Union playbook. It was attempt to corner the market on almost every para-legal activity I can think of. So much so that FTC jumped in with a “WTF” letter.

    Here is an instance where several state bar associations were clearly making a case that 1. all matters of law are too complicated for the laymen 2. all matters of law should be handled by only members of the bar. 3. competition with non lawyers should be eradicated.

    Of course, we we’re told it’s for our own good.

  70. Tex,

    The offer was genuine. I don’t know if it would be a fit, but it wasn’t intended as patronizing.

  71. Poolman,

    The offer was genuine. I don’t know if it would be a fit, but it wasn’t intended as patronizing.

    I was just teasing you. I know you to generally be a good man. The message was just so cryptic, I had to make sure.

    I’m fine, other than being anti-social these days. Money is not really an issue – purpose is.

  72. “Sounds like at least one Daddy can sleep easy tonight now that his little girl has made her first big solo car trip.”-R

    Imagine the pain my Mom must have gone through, at the age of 17, I was living in my car.

    She was pretty crafty though. When she got the random recruiter phone call, she told them the block I usually parked at for a night’s sleep.

    I never will forget how weird it was to wake up and see 3 squids in summer whites staring at me. I thought I was being attacked by a gay Broadway actors. l was in boot-camp the next day.

  73. I learned that Tigre would be called a solicitor and BiW a barrister in the UK. They make a distinction that we do not. The “King’s English” is sometimes very foreign.

    Everything is complex and convoluted by design. Don’t blame the lawyer individually, blame the collective. It is generally someone else’s agenda they are securing. Hired intelligence and navigation. Some tasked to steering around the rocks while others are tasked to steering into them. Business cannot function without it’s legal team. The system has had years and years adding more and more burdens to each new generation.

    Give a little consideration as to how much lawyers and their work affect our daily lives, whether for better or worse. The innumerable ways are astounding.

  74. Bill O’Reilly has a Harvard graduate level degree. I guess it really is time to burn my diploma.

    😆 Yeah, but your degree is much higher level. A masters in Journalism is one thing – math quite another.

    I got a question. Do you remember anything of higher math? I was just thinking yesterday, I think I could remember to do a first derivative of 3X^2? 🙂 I don’t even remember when to use the chain rule. I can still calculate and derive logarithms and natural logs, and only then because I had to reteach myself while getting into medical school during chemistry and physics. Got to have that for acceleration and pH.

    But damn Rutherford – do you realize the academic brain power between the two of us that went untapped?

    I think we’ve been screwed. 👿

  75. Poolman, it’s hard enough arguing with a trial lawyer…quit agreeing with me..your like that embarrassing friend that shows up out of no where in the middle of a hot first date.

    Uh…..yeah….I don’t know that guy.

  76. I never will forget how weird it was to wake up and see 3 squids in summer whites staring at me. I thought I was being attacked by a gay Broadway actors. l was in boot-camp the next day.

    ** GUFFAW **

    Classic. Rabbit, you missed your real calling. But you turned out alright.

  77. Tex….. sometimes you remind me of this character from one of the few novels I’ve ever read. I can’t really put my finger on why that is.

    it’s called Henderson the Rain King by Saul Bellow.

  78. Anyone can represent themselves. Representing someone else is a different matter. Of course anyone can practice medicine on themselves if they want too. However, there would be no competition with non lawyers or non doctors because they aren’t licensed to practice (bar/boards). But shit, you need a license to cut hair in most states too. I wonder if there has been a large influx of hair dressers (I’ll wager there has). If you want to draft your own will or defend yourself in court there’s nothing stopping you — but you’d be an idiot for doing so.

    I don’t know what you mean by local state bar associations — the ABA has promulgated model rules of professional conduct adopted by many states, i.e. ethics rules. Is that what you mean?

    “So you think the ever growing per captia ratio of lawyers is caused by a market response by an ever growing and sophisticated society.”

    In large part. I don’t the know statistics. Do you know what practice areas have expanded the most or is it just across the board? I can tell you why we have more tax lawyers — and so can you. But there’s more advertising for personal injury lawyers — shit look at daytime t.v. I have little doubt that there are many that would engage a PI lawyer that wouldn’t have but for advertisements too.

    I frankly don’t know the example or what the FTC would have to do with the unauthorized practice of law. Was it for real estate closings? I really don’t think lawyers are needed to close real estate transactions, but they are required to in most states (not all). The truth of the matter is that they generally represent the lender and are there because the hold malpractice insurance to protect against the botched closing — for the bank.

    There is something to what you are saying — you just have what a lawyer would call a “causation problem” in making your case. Your anecdotes ain’t gonna cut it. I frequently hear the “did you hear about the guy that is suing Nestle for a zillion dollars because he was allergic to peanuts. . . ” type of bullshit. What’s always left out is the fact that (as I said) anybody can file a lawsuit with a filing fee and signature and virtually all frivolous lawsuits are tossed on motions to dismiss or summary judgment. Those usually aren’t reported after the sensational headline — nor are the reductions in awards and reversals of verdicts in outrageous cases.

  79. “I learned that Tigre would be called a solicitor and BiW a barrister in the UK.”

    It’s the other way around.

  80. Oh. Rabbit, the state bars regulate the practice of law. The voluntary bar associations are more of a professional club.

  81. Here is the FTC weighing in on “Task Force on the Model Definition of the Practice of Law”.

    http://www.ftc.gov/be/V070006.pdf

    You are right, I do have a causation problem. I can’t prove what I’m saying.

    Don’t worry, there is a future rant on hair dressers coming to a theater near you. I’m sick of my wife spending a hundred bucks on a hair cut. That being said, there is a total different dimension to the transaction….both are willing participants.

  82. Rabbit,

    I’m embarrassed to say this. Poorly read maybe. I had never heard of Henderson the Rain King. So I looked it up.

    Eugene Henderson is a troubled middle-aged man. Despite his riches, high social status, and physical prowess, he feels restless and unfulfilled, and harbors a spiritual void that manifests itself as an inner voice crying out I want, I want, I want. Hoping to discover what the voice wants, Henderson goes to Africa.

    Well, definitely the spiritual void part. If I go looking, it would be toward Sinai, though. I guess that’s Africa. 🙂 Just a little further east and north than Henderson.

    I’ve got to start reading some of these novels. Can you believe this Okie had never read Grapes of Wrath until a few months ago? I was okay. Or The Diary of Anne Frank? That was very good.

    The last book I read before that? Marley and Me. And that broke my heart (knew it would) because as I was reading it, I had to put my two old labs down. I could have written much of that book and thoroughly enjoyed it.

    Even at 13, I was reading periodicals and newspapers. Now that I’m an old fart, I realized how much I missed and am busy trying to play catch up. My family keeps buying these biographies, James Rollins fiction, and political crap – it gathers dust.

    I am enjoying reading the old stuff. It’s much, much better.

  83. “Eugene Henderson is a troubled middle-aged man. Despite his riches, high social status, and physical prowess, he feels restless and unfulfilled, and harbors a spiritual void that manifests itself as an inner voice crying out I want, I want, I want. Hoping to discover what the voice wants, Henderson goes to Africa.”

    LOL. Holy shit…I swear I didn’t brush up on the novel before I posted that.

  84. Tigre, do you mind if I asked how long you have practiced? I know several attorneys, even a few friends I call friends, but I think you’re the only one I am acquainted who is an advocate.

    I can generally discuss and bullshit about anything, but I plead real ignorance about your job. I can’t even ask an intelligent question. Therefore, if I demonstrate abject stupidity about law, there’s good reason. 🙂

  85. My home state is Georgia. Rutherford is Connecticut.

    As I suspected, this is really directed a real estate (loan) closings. It’s the real estate agents and paralegals prerogative that they should be allowed to do it. I believe they are right. Lawyers don’t need to close garden variety residential real estate transactions. But I know why the bank would insist on it (particularly since the borrower is paying the fee anyway).

    “The FTC Staff believe that non-attorneys should be permitted to compete with attorneys in areas where no specialized legal knowledge and training is demonstrably necessary to protect
    the interests of consumers.”

  86. My Henderson the Rain King comparison seems a little harsh after reading that blurb. I do remember the book being hilarious while the ending kind of odd but strangely moving.

  87. Tex, I have been practicing about 17 years. And if I demonstrate abject stupidity about law, there’s good reason for that too. I’m an idiot. So we’re even. 😆

  88. Alright Rutherford. Grab on to your seat – I don’t want you falling out of the chair when I say this. And I’m hesitant to do so, because it always detracts from better conversation.

    As you are aware, I take up for Sarah Palin on principle. I wish she would go underground for about two years and shut her mouth as she is not a viable candidate, but Sarah scores large points for pissing liberals off. I love Ann Coulter – I don’t want her as my elected candidate.

    But I have grown to the point of nausea with Bristol Palin. I do not care to know why she was stupid, when she lost her virginity, how she got pregnant. Bristol Palin a disgrace and an embarrassment to womanhood. Much like her mother, this celebrity has completely gone overboard.

  89. “That being said, there is a total different dimension to the transaction….both are willing participants.”

    Let me know when your wife willingly goes to an unlicensed hairdresser and pays $100, then we can talk about voluntary. 😆

  90. In some cases….it seems to be more then just real estate.

    By statute non-attorneys are prohibited from practicing law in Connecticut. The statute, however, leaves defining what constitutes the practice of law to the Connecticut Judiciary.

    I cut and pasted the footnotes

    For exampl e , the bi l l tha t wa s the subject of recent joint FTC and Jus t i c e Depa r tment comment s to the New York S t a t e Assemb l y on Apr i l 2 7 , 2 0 0 7 wa s r e j e c te d b y t h e C ommi t t e e o n th e J u d i c ia r y . Similarly, in Kansas , following a February, 2005 joint letter , the Ba r has tabled the proposed rules limiting t torney/non- a t torney compe t i t ion in a wide array of services that do not req uire the skill or knowledge of lawyer. Also , comments provided to the North Carolina Bar in 20 01 and 2002 resulted in the bar ado pting an ethics o pinion that allowed for non-attorneys to provide settlement services.
    .

    The legis l a tur e expressly omitted from the practice of law such things as a town c l e rk
    preparing deeds , mortgages , releases , and various certificates, self-representation in legalmatters , and issues
    concerning out-of-state attorneys engaged in specific proceed ings. Co nn. Gen. Stat. § 51-88(d )

  91. Tex, I have been practicing about 17 years. And if I demonstrate abject stupidity about law, there’s good reason for that too. I’m an idiot. So we’re even.

    Buddy, you are about as far from idiot as there is on this board. But I will tell you straight up and without joke I could carry on a better conversation with Albert Einstein and his theories than I could you and your job.

    I’m thinking maybe I should have broadened my horizons a little. I’ve got a few too many holes.

  92. “I think you are claiming the influx of lawyers only appeared because of market demand. Normally I would agree with you. I’m not so sure it’s the case when it comes to lawyers.”

    This is I believe a critical point. Remember, there are hundreds of years of experience out there; these problems have come up before. In general, the law of supply and demand prevail, however it has been recognized that those who are considered “professionals,” by virtue of their highly specialized and deep information base that others do not possess, are treated differently.

    For example, the contingency fee – makes sense from a purely capitalist standpoint – it makes the lawyer “work harder” for his client. But this construct has been outlawed in almost every country because it is not felt appropriate for a professional’s judgment to be clouded by entangling his personal fortune with that of his client.

    Let me give you a counter-example: suppose I am a cancer doctor. I advertise that I have a guarantee: if you come to me and you die, you don’t owe me anything; if you live, however, you have to maintain insurance that pays me $1M.

    Silly, isn’t it? That kind of arrangement would incentivise me to try every known kind of far-out treatment, no matter how painful or prolonged, because if you die I don’t get anything for my efforts. By entangling my finances with your treatment in that way I have a PERVERSE INCENTIVE to do something not in my patient’s best interest.

    So for exactly that reason – the fact that, if the temptation is there, someone will succumb – professionals are held to a different standard than the lay public, and have been for a long time. Pete Rose can’t bet on his own game; I can’t bet on mine; why can the attorney bet on his?

    Back to the question: It has been shown by statistics that the number of malpractice suits against doctors is a first-order equation, proportional to the number of doctors in an area. There is also a second correlation: It goes as the number of doctors AND the number of lawyers. The presence of hungry attorneys (which is to say, too many) in America drives a system all out of proportion to that of the rest of the world. It is unsustainable, IMHO. And supply/demand will not fix the problem. There has to be a birth-control effort by the law schools or a curb of some kind on the system. Eliminate contingency fees. Go to the English System of loser-pays so the plaintiff has some skin in the game other than a $75 filing fee. Something has to happen.

  93. PF, almost everything you have said is wrong and, as usual, based on simplistic platitudes. This is getting tiring.

    You say, “For example, the contingency fee – makes sense from a purely capitalist standpoint – it makes the lawyer “work harder” for his client.”

    No. It makes the lawyer work for a client that can’t otherwise afford him. Period. For those that actually “want” a contingency arrangement (and that is virtually never folks that can pay hourly or split fee rates), it’s the difference between lawyer and no lawyer. Since getting paid is not a problem in your profession and there is no economic recovery for the patient, only expense, your analogy is a completely false. Indeed, the doctor would be picking up the tab for all of the “unnecessary” procedures that didn’t result in the patient’s recovery so he would in fact have a disincentive to do what you describe.

    Moreover, where did you get the idea that there is a greater incentive to “work harder” for a client in a contingency fee arrangement versus time spent on an hourly fee arrangement. The incentive is the opposite. It’s the outcome that matters. You certainly don’t get paid for not working hard on an hourly case.

    In fact, I have probably taken less than 1% of my cases on contingency. One of them I had over $750k — yes $750k worth of attorney time in. Although I do represent some extraordinarily wealthy clients, almost no “individuals” (unlike corporations or medical malpractice defense lawyers) can incur that type of expense on an hourly basis. I did not recover. Most lawyers run like hell from contingency arrangements without a high probability of success.

    “It has been shown by statistics that the number of malpractice suits against doctors is a first-order equation, proportional to the number of doctors in an area.”

    Show me the statistics. What’s the area? How does this disprove what I’ve said? I practice statewide and from time to time nationally. Tell us how this works Doc. But first, I asked a question of you: how many times have you been successfully sued for malpractice? I find the medical profession the biggest exaggerators on the planet when it comes to their claims of overwhelming malpractice suits. There are statistics that show less than 5% of actionable malpractice cases are ever pursued (more like 1-3%). I have never sued a doctor. I have sued a number of lawyers, engineers, bankers, accountants (not teachers though). . .

    Loser pays? No shit you’d say that. Your profession more than any other by a mile would crush plaintiffs with your superior resources. Imagine a Casey Anthony defense verdict in a med mal case where an individual would have to pay your lawyers doc. What do you think happens on an hourly rate case without a recovery?

    And let me ask another question Doc. How much professional time do you donate? Me in particular and my profession generally and as a whole has quite a tradition in that regard. Name another. Hint: the overcompensated medical community isn’t one of them.

    Frankly doc, your fix only makes sense if you believe (as you seem to) that all lawsuits are frivolous. And that ain’t anywhere close to the truth. We’d all like to act without accountability or liability, but that only creates victims.

    The bigger problem that I see is that it’s too expensive to litigate for the majority of the population. Many are screwed as a result. And that’s what precisely the wasy your profession likes it.

  94. PF, sorry for the typos and the tone. I’m a little irascible and your comments rubbed me the wrong way. I am not a huge fan of the medical community when it comes to dispensing criticism of other professions. I have wondered whether it’s a secret course requirement for doctors in med school. Sometimes I’d like to slap the arrogance (shit) out of you guys. But I do find you relatively objective and well-intentioned in these types of debates so I apologize for the tone.

  95. El Tigre –

    Not a problem with tone and typos. Just show me where I’m wrong and I’ll learn from it.

    “Since getting paid is not a problem in your profession and there is no economic recovery for the patient, only expense, your analogy is a completely false. ”

    Firstly, we are not talking about medicine; we are talking about legal matters, so one has no bearing on the other, but to set you straight: about 10 percent of what I do is “self-pay” which means I get zero. Another fifteen is Medicaid, so I get about 10% of my charges there, which does not break even. Then most of the remainder is insurance, which negotiates with my hospital to pay about 1/3, so the idea that there is no problem getting paid is not true.

    “how many times have you been successfully sued for malpractice?”

    Twice in the past thirty years. In both cases I missed something and the insurer decided to go to court and we lost. I had four other “frivolous” cases that were dismissed, including one where the lawyer sued the wrong doctor, since I had never seen the patient. Despite multiple phone calls and letters, I had to threaten to sue HIM to get him to drop me. But, no harm no foul, right – except that goes on my record. Had I taken the wrong leg off someone, it would be a different matter, eh, but putting the Dr’s name in the local paper is OK; just an honest mistake?

    On the two legit. cases, I would have gladly gone hand-in-hand with the patient to a compensation board and said, “Pay her,” but that’s not allowed. We all know mistakes happen; I read about 25,000 cases per year; two in thirty years is pretty good I think. Whether we had settled or not, her lawyer took 45% – (how do I know that? She told me). Because of her original injuries in the auto crash (due to a DUI with no seat belt, BTW, although that really shouldn’t matter), she is now not medically insurable and the residual $ left from her suit are not enough to compensate her for future medical care. So we all lost, didn’t we? Except the contingency-fee lawyer, that is…BTW we hugged each other after the jury left the room and she said, “I’m so sorry; I didn’t have a choice,” and I told her it was all right. Decent folks caught up in the wheels of a vicious system. Don’t misinterpret what I say; the lawyers are doing their jobs; it’s the system that needs to be changed.

    “I am not a huge fan of the medical community when it comes to dispensing criticism of other professions.”

    I speak only for myself – no one else. Do not conflate me with everybody in my field and I will afford you the same consideration.

    “Loser pays? No shit you’d say that. Your profession more than any other by a mile would crush plaintiffs with your superior resources.”

    This is a very serious question; I am not trying to score points: why does it work just fine in places like Britain and will not work here? What is the fundamental difference I am not seeing? There are plenty of folks in the UK with resources, too. The obvious answer from my POV is that it would gore the attorney’s ox. No?

    “Frankly doc, your fix only makes sense if you believe (as you seem to) that all lawsuits are frivolous.”

    You are assuming. I never said anything like that. (or implied it). I wonder if your personal animus is getting in the way of clear thinking on this issue, as in:

    “Sometimes I’d like to slap the arrogance (shit) out of you guys”

    Again, talk to ME, not someone you have conjured up in your head. We might not be the same people.

  96. “This is a very serious question; I am not trying to score points: why does it work just fine in places like Britain and will not work here?”

    Neither lawyers nor doctors are compensated in the same fashion. And who said it works fine?

  97. 6X? Thank you Doc. 😉 That was a bit of self-deprecating hyperbole in my comment to the incomparable Rutherford L. Lawson – L standing for Liberal.

    Nonetheless, after making that statement to Rutherford, I did indeed look up the chain and product rule and remembered more than I thought.

    Honors Calc tests at 7:30 AM on a Monday morning still brings back nightmares. When I enrolled, the “Honors” Calc class was the only one open. I took easier courses in college.

    But my favorite part of the class was my Asian professor who lit up a Marlboro first thing MWF in front of the No Smoking sign.

    College in 1979 was indeed much different than it is today.

    I am thoroughly enjoying this medical/legal debate. It’s a good one.

  98. PF, as an initial matter, I have represented a number of medical doctors in personal matters (not med mal). They have been of two sorts: (1) the best clients in terms of treating the whole process like business and understanding that professionals get compensated, and (2) know-it-alls that think that they occupy a special place — the type of persona that people (juries in particular) like to chop down. Most of were from category No. 1, but only when it comes to their personal; matters. My observation is consistent with my comment to Rabbit that everyone hates lawyers except their own. It is doubly true in my experience with medical doctors.

    As for the “self pay”, I am not talking about “not getting paid” because the client just ain’t paying. That’s all business. If you only knew how much that happens in my profession. I used to think it odd that lawyers seemed to be one of the few professions that required retainers to work. I no longer why that is. Suffice it to say, in the litigation context, you’re damned if you do, damned if you don’t. Great result means you were overpaid, poor result means you didn’t deliver and shouldn’t get paid. Funny thing that hindsight.

    Consider this. When a lawyer works on a contingency, payment is of course just that. The practice of law, as with medicine, is still a business. Therefore, when a lawyer works without getting paid as services are delivered, and perhaps might receive none at all depending on the outcome, his accumulated wealth is at risk. There has got to be a premium to become “a partner” with your client — and foot the bill for expenses along the way or it would be ludicrous to proceed. The client of course lays nothing on the line unless there is a windfall recovery and they choose contingency rather than hourly billing that they could otherwise afford. And you are shocked about a 45% interest in the outcome? Depending on the potential recovery it shocks me not in the least. Be it millions, lawyers will negotiate lower percentage rates with a client, or a higher percentage if the potential recovery is low and the outlay large by comparison. Makes sense to me. Why not you?

    Many of the fellas here worked in the corporate world where going months if not years without getting paid — and in fact risking what they already have for the privilege of continuing to work — is unheard of. You’d be one of those fellas. Now what is it that you expect of the legal profession when it comes to the absolutely typical individual that couldn’t afford hundreds of dollars per hour for attorney time devoted to their case? From what is see, you’d say “ain’t that a bitch” Well that’s one way to reduce frivolous lawsuits — eliminate lawsuits altogether I suppose. That is what gives birth to my “you seem to assume all lawsuits are frivolous” comment, not personal animus.

    Asa for the lawsuits, I appreciate the candor. I know your particular area of practice is one of the most highly litigated in the med mal context. But it seems to me that you (your carrier) forced someone to litigate meritorious claims. You didn’t need to participate ion the defense of that for any reason that I am aware of. What gives? You are making my point. The system you prefer would have kept this woman from seeking redress at all.

    Finally, I will talk to you. Keep in mind though that because I am not a med mal or personal injury lawyer we are by necessity speaking in generalities concerning our profession. It will have travel past your personal experiences and demeanor to conduct a discussion.

  99. El Tigre –

    “The system you prefer would have kept this woman from seeking redress at all. ”

    This makes the most sense to me: I have mentioned this before. A board, composed of whomever you wish, to include a judge who may call upon expertise of professional panels of physicians in whatever specialty is involved. They will adjudicate claims before they go to court if possible. The experts will be the “court’s” experts, not paid by plaintiff or defense attorneys. The physician involved may simply come forward and say, “Look, I missed an X and I think this patient needs to be compensated for expenses and anticipated future medical treatments, if necessary.” If he doesn’t want to do that, the board can proceed on the patient’s complaint alone. In any case where fault is found, the board will decide if it is something the Dr. needs more training in or if it is just “one of those things” that happen to the best of us.

    That simple. Should the Doc have several problems in the same area, he has to get training. If that doesn’t help, he has to stop doing that procedure.

    If the patient should decide that is not good enough, he/she can proceed with a tort, but the fact that the board decided against him is admissible as evidence and must be given strong importance in jury instructions.

    Simple, non-confrontational, cheap, and the patient gets the benefit, not the plaintiff’s bar.

    IANAL but that – or some variant thereof – seems to be reasonable.

  100. Good debate gentleman. I enjoyed reading that, especially yours Tigre, because you made some valid points that I hadn’t given thought to about the attorney’s position and livelihood.

    I understand Doc’s position far better because I have doctor friends and have heard these stories for several years now. One OBGYN friend of mine got so disgusted, she moved back to family practice because she could no longer afford the insurance. Another old girl high school girlfriend who is an emergency doc got fed up with threat of suit and moved to Australia to practice. Both are capable doctors.

    I believe what has happened Tigre is that hospitals have been forced to initiate the practice of defensive medicine and it is incredibly expensive. It’s not 2% of the cost of health care. I would estimate off hand that concerning something like trauma/emergency medicine, OBGYN, etc…as much as a quarter of the costs are done for procedures most times unnecessary.

    That’s why there is so much frustration in the medical community. These doctors are caught between what’s best for the patient, insurance, and administration that is scared to death of medical malpractice. And that frustration trickles down to nursing staff and even CNAs. As the doctor’s temperament goes, so goes the ward.

    It’s a problem for sure.

  101. “A board, composed of whomever you wish, to include a judge who may call upon expertise of professional panels of physicians in whatever specialty is involved.”

    I don’t believe self policing work. If it did, the patient could file a complaint with the board (I think that’s your regulating body), and the doctor could admit liability, right? Was there a need for you to put that woman through the lawsuit because of hyper-technicality (unless I missed something). How would her expenses in having to prosecute a disputed claim before two tribunals instead of one benefited her? The reason it’s a problem is that it’s the carrier that pays and common sense admissions rarely ever happen. Keep in mind too, it’s the size of the award that’s in dispute much of the time. Frankly, I don’t trust a medical panel to make decisions of negligence fairly at all. How do you think the public would view it? How do you think Rabbit and Poolman would view legal malpractice being adjudicated by lawyers because of their expertise (although it does in fact happen at a certain level).

    Tex, as I said, defensive medicine is a harder call. Of course, defensive measures apply to all industry, not just medicine. All have costs. Don;t forget, I carry malpractice insurance and have been sued (unsuccessfully) twice too. Do I conduct things to avoid liability that ultimately are assumed by the patient? Abso-fucking-lutely.

  102. Tex, I have read about OBGYN in particular communities suffering flight from expense (e.g. Mississippi). My brother’s sister-in-law here is an OBGYN and assures me that malpractice doesn’t affect her livelihood at all. She does quite well. I am skeptical of these stories of doctors not practicing medicine due to so called expenses for malpractice coverage — nor denying it — just skeptical. My medical doctor friends make obscene amounts of money (ER included) and still complain about the oppression that I know does not really exist for them because it’s always in reference to someone else.

    The percentages I am talking about is the actual award. The costs of defensive medicine are something different. The waste committed to the medical community driven by middleman after middleman to deliver services is staggering to me.

    Now you and PF talk about the “problem.” In your view that’s the expense associated with lawsuits. I have heard med mal lawyers say there aren’t enough suits with burdens of proof too high to meet and as a result the actual costs of bad medicine cast upon those least able to absorb them — the patient. I have also heard that something like 10% of the doctors are responsible for 90% of the cases that result in liability and usually are repeatedly held liable. In other words, they are just bad doctors that are tolerated by the medical community that PF believes should be judging their own. How do you answer the charge.

  103. Of course, defensive measures apply to all industry, not just medicine.

    True, but being we are both a litigious society and the most corporate regulated society in the world contrary to popular Libbie belief, the culmination of those regulations carrying an exorbitant burden of costs, you can see where this is heading. Ruin.

    Scarce resources chasing unproductive work in widget making, so to speak.

    We can no longer compete cost wise in manufacturing, we will no longer afford to build refineries due to massive EPA regulation in the ridiculous pursuit of zero risk, we can no longer attract enough primary care physicians, fewer companies are pursuing the development of newer antibiotics to fight resistant bacteria, etc….

    We’ve created a vicious circle wholly covered by regulation but without incentive to offset the costs – that is now feeding upon itself. Since unlike manufacturing, you can’t relocate health care, costs have no where to go but up. And a large part of that is attributable to the utopian idea of being able to provide a risk free structure.

    If I could make an analogy, it is not too awfully different from the lawful molestation by the TSA. In our pursuit to protect ourselves due to irrational fear (which by the way the TSA has never stopped one terrorist attack I’m aware), we allow ourselves to be groped and stripped, stomping on everyone’s Constitutional liberties – except the very people who implemented the idea to begin with. They of course, are immune to the penalties safeguards and are not inconvenienced, just as gov’t immune to threat of lawsuit. Osama won, even if dead.

    That is in large part why manufacturing has left the USA. Our productivity superiority we once held no longer offsets the needless regulation and burden of costs and expenses. And that really is the truth – uninformed rubes blame greed, but the fact is corporations by definition have to make a buck to exist. Without wealth creation, there is no free enterprise system.

    The necessity of the practice of defensive medicine is the very first issue that needs to be addressed concerning healthcare IMHO. Obama voted present.

  104. I have also heard that something like 10% of the doctors are responsible for 90% of the cases that result in liability and usually are repeatedly held liable. In other words, they are just bad doctors that are tolerated by the medical community that PF believes should be judging their own. How do you answer the charge.

    I can’t. And Pfesser would be far more qualified than I am to address that. It’s a fair question. It has been my experience that doctors have an unwritten rule of speaking no evil of each other. No doubt.

    The only thing I can say about my OBGYN acquaintance is that for whatever reason, he reverted back to a family practice. And knowing how much Bob likes his toys, and knowing he is always bitching about his “poverty”, I can’t hardly believe he was making oodles of money in OBGYN to go back to making $150K a year or so and having to manage an office now shared with two other doctors. For one thing, his hours are awful and he values his independence.

    But Tigre. I could make that same argument about law. I don’t see to any great degree, attorneys policing their own either. It may exist, but I am certainly not aware of it. Seems to me they (medical and legal) are two peas in a pod when it comes to covering the profession.

  105. Tex, I get the point, but I can’t speak to the actual costs of defensive medicine nor could you as to the costs of an environment with no defensive medicine.

    Let me just say, “Unsafe at Any Speed” by Ralph Nader is a counterpoint to the concept that our society is swirling down the drain due to lawsuits.

    EPA is not a good analogy either. That is a government imposed burden on business that is just not necessary for the delivery of the product/service. Now, before you jump on that (i already know what your gut was on this about unnecessary expense in the delivery of service is still unnecessary), the solutions you seek have a significant cost shifted upon the victims in legitimate cases. Shielding medicine from liability has extremely individualized repercussions. How do you address that? PF proposes a duplicitous scheme for redress because he thinks the failure is in error prone fact finding. I can’t say I agree. But in any event, I have arbitrated a number of cases, the basis of which is the mistaken belief that by keeping the dispute from the courts costs (actual and opportunity) will be reduced. All I can say is, “hogwash.” Never once was that so for the plaintiff, but most certainly for the defendant because certain damages cannot be awarded and they have a friendly environment. Arbitration requires consent or waiver that always obtained up front by the defendant and for good reason. Why might that be?

    Do know that I defend as much if not more so than I prosecute cases. I don’t have a pro-plaintiff or lawsuit bent despoite Rabbit contends. I am just extremely skeptical of the basis for the arguments like we are having.

  106. “But Tigre. I could make that same argument about law. I don’t see to any great degree, attorneys policing their own either. It may exist, but I am certainly not aware of it. Seems to me they (medical and legal) are two peas in a pod when it comes to covering the profession.”

    Agreed. I made that very point with Rabbit and PF as part of my response tho the “professional juror” concept. But remember, there is usually an incentive, not disincentive (from an economic standpoint) for lawyers to pursue legal malpractice. I do think the profession is entirely too tolerant of unethical behavior rather than outright malpractice. There is unquestionably a fair amount of lying, cheating and stealing in my profession — and it disgusts me. One significant difference is that, unlike the medical profession, we practice are on public display.

  107. Tigre, I had read that before. I don’t believe it and neither do I believe much of what comes out of FactCheck is nonpartisan fact. Let’s just say its history swings way left –

    I believe you would come to that conclusion too if read up on the parties that pay for FactCheck – primary the Annenburg Policy Center – remember this is the same party that tried to Swiftboat the SwiftVets Ad, lied and was busted for it.

    Here’s a little Fact on FactCheck:

    Barack Obama was the first Chairman of the Board of the Chicago Annenberg Challenge, which was a Division, or Project, of the Annenberg Foundation. Obama spent four plus years (1995-1999) as Chairman of the Board.

    A review of board minutes and records by CNN show Obama crossed paths repeatedly with Bill Ayers at board meetings of the Annenberg Challenge Project.

    The Annenberg Foundation gave the project a $50 million grant to match local private funds to improve schools, and Ayers fought to bring the grant to Chicago, according to participants and project records.

    ———–

    As an established attorney, see any conflict of interest about these so called nonpartisan fact checking groups?

  108. So, they have this “authentic” taco stand at the local farmers’ market.

    I’ve had “authentic” Mexican dysentery for two days.

    My butt hole burps acidic stink water every hour on the hour.

    I should sue them.

    Who said that? Heyyyyooooo!

  109. Shielding medicine from liability has extremely individualized repercussions. How do you address that?

    I’d have to think about that Tigre. I want patients protected first and foremost, within reason. I think society would demand that and I would demand it. Healthcare is not without its problems as I have experienced first hand. You are absolutely right when you say everybody hates attorneys except their attorneys.

    I have had very cordial relationships over the years with corporate attorneys, none of whom I had experience that weren’t all above board. In fact, in my position, the shoe on the other foot because I was swinging the deals to provide financing to grow the business. The attorneys were the Conservative monetary party and I was being “the liberal” with the money – albeit to maximize profit by growing the business. There were a buttload of economic models for rates of return that backed me up as required, as I had limited authority to make final sign off. Those were multi-million dollar deals, which authority came directly from the Sr. VP of Marketing and our “Jewish” CFO – who raked me over the coals more times than I could count, but only once denied my request. It’s like it was in his genetic makeup to make Tex’s life miserable and keep Tex on his toes. But the guy was highly intelligent and keep me on my toes, he did.

    Now I debate with that same bastard over the trash service in Tulsa, being he is the leader of a voluntary board. Let’s just say his politics is as far left as mine are right. I once joked, one day we will swing so far, that we will come full circle, hey Steve. He was unamused. 🙂

  110. Rabbit. 😆

    I once had a friend who worked at Taco Bueno. If you had every seen what goes into refried beans, you would never eat refried beans again. How about 10lbs of lard for starters. 😉

  111. re: self-policing. I did not recommend a board made of doctors. I said “anybody you like.” Must include a judge, who will be adept at keeping the proceedings fair and impartial. Experts to serve as consultants to the panel will be docs in the specialties involved, but they are consultants or witnesses only. Decisions will be made by the board.

    I have quite a bit of familiarity with physicians on boards, having served on several myself. They are quite dispassionate and quite critical of their colleagues, so the idea of a whitewash is not valid. And it’s not because they are nice guys. It’s the same reason that adult Webmasters are vicious about turning in kiddie porn: it is the one thing that will shut down the adult industry. Ditto any “expose” about boards’ whitewashing – no governing board would ever risk that.

    As for the 10% causing 90% of the malpractice. I’ve never seen it. Some docs are better than others, just like lawyers. Docs who have continuous problems come before their boards and get fired.
    We just let a female OB/GYN go at my hospital and our local ENT had to go get therapy because of his tirades in the OR. And that goes on his record; it ain’t what you want. I was on the Exec. Committee that mandated the therapy, so I’m not talking second hand.

    I have reviewed multiple alleged malpractice cases myself. And to answer El Tigre’s question about pro bono: I have never charged a penny for my services, but I operate as follows. If I believe the doctor has not operated below the standard of care, I say so and offer to testify to that opinion – free. If I believe he has, I tell the insurer to settle. I do not testify against other doctors; that’s just my personal way of doing business, but I assure you I am in the minority. My partner (whom I just fired) has a large side business as a plaintiff’s witness.

    The NTSB has developed a great system which is non-punitive to help improve airline safety. There was not a single fatality in commercial aviation last year. Think about that. The medical community is undergoing massive changes, modeled after what the airlines are doing, to improve patient safety. As an engineer, pilot and (lastly) physician, this is ‘way down my alley and we are well down the road to implementation. I intend to drive everybody here crazy with checklists.

    Great book by neurosurgeon Atul Gwande, The Checklist Manifesto. Maybe we can bring medicine into the aviation age! But we won’t do it by suing for mistakes; we will do it by correcting our methods so they don’t happen to begin with. Then the problem will solve itself.

  112. “turning in kiddie porn” – means “call the FBI when you see it”. Sorry – not much time to proof here at work…

  113. I will say his for doctors Tigre, if my limited experience means anything. I tend to side with the medical community in this argument, because I understand at least in some capacity, certainly far more than the average Joe, the difficulty of practicing medicine.

    I’ve shadowed enough, been in clinics, volunteered in the emergency rooms for years to get a pretty good feel about the inadequacies. Try staffing for triage for instance. This shortage of nurses? It isn’t because we don’t have enough nurses. It’s because many nurses have walked – and many for good reason. It’s a thankless job. I was shocked by the attitudes of many nurses I met. I am familiar with hospital administrators.

    Like many public schools suck due to predominantly bad parenting, patient care generally sucks because of horrid patients. When a Type II diabetic walks in morbidly obese looking for a magic fix, no matter how capable the doctor, the problem and the solution lies within the purview of the patient. Doctors are limited by what they can do to provide “a fix.”

    My biggest complaint with doctors is often times I find them too compliant. I still believe in the adage of “body health thyself” and I have found doctors too willing to save time and hassle become glorified pill pushers to get a reprieve from bad patient. I have bitches about a perceived tacit push for many elective surgeries and the respective costs – many I feel unnecessary. I think many doctors should be more practical and prudent. Nonetheless, I obviously found medicine the most noble of professions and still feel that way – even if I had some bad experiences and I walked. The problem was mine and not the school.

    Now if you want me to go off on pharmaceuticals marketing and advertising drugs, well then you have come to the right place. 😈

  114. I have only one contribution to make to the doctor/lawyer discussion. If I call my closing attorney “Bill” he smiles and engages with me. If I were to call my pulmonary doctor “David” he’d crap his pants. Why exactly is that?

  115. Ok I lied. Another comment on the doctor/lawyer discussion.

    I see the doc represented. I see the lawyer represented. How about the patient? I’m not “the suing type”. Otherwise I’d be rich now. I have a tube sticking out of my neck as we speak because of hospital negligence.

    Here’s an idea to avoid “nuisance law suits”. How about when a hospital or doctor screws up and they know it, they simply tell the patient “we’ll get you as close to whole as possible on our dime and/or give you enough money to get back on your feet.”

    Several times it’s been stated that law/medicine is a business. Well good businesses do what it takes to turn around dissatisfied customers. Let’s see doctors do the same thing.

  116. Rabbit I swear to f*cking God I’ve felt your pain. I’ve held back in the past graphically describing my digestive maladies but damn man you nailed it. 😡

  117. “I have a tube sticking out of my neck as we speak because of hospital negligence”-R

    Yeah….I’d say you have the street cred to jump in this debate.

  118. Man…..EMS are the guys who amaze me. Talk about getting absolutely screwed. You can make better money working at the car wash.

    Two ambulance guys (and some other dude who was in line at the party store I was in) saved my life when I over heated. It was nothing fancy. I was going into shock and they told me to stop. And I did! Can you believe that shit????

    I was paralyzed for about 12 hours, particularly my face and my legs.

    I just found out a guy I know died yesterday doing asphalt. Over heated, was rushed to the hospital and died. 6 month old baby at home.

  119. Now if you want me to go off on pharmaceuticals marketing and advertising drugs, well then you have come to the right place. 😈

    Do NOT get me started. If I had the time and energy I’d write to every Congressman petitioning for legislation banning TV pharma ads. They need to go the way of TV cigarette ads. 👿

  120. “I understand at least in some capacity, certainly far more than the average Joe, the difficulty of practicing medicine.”

    Tex, it’s that perspective that calls into question what I’ve said about PF’s plan. I don’t know what there is “to side with.” I am not siding against anyone. I think we all agree that malpractice occurs (in every profession), people are injured, and lawsuits are brought frivolous and meritorious. The problem is “what’s the problem?” And that’s my point. I mean, I have not been to medical school, nor has Rutherford, and therefore we have a unique perspective on what it means to be a layperson/patient. I have a negative view of the medical community’s veracity based on my own experiences, rightly or wrongly.

    I used to represent banks and financial institutions — now I enjoy suing them more than anyone. But before I did, I used to complain about the frivolous lawsuits that I did see filed and defended. Those were not certainly not the majority though. I guess it’s just that I have seen both sides and the arguments made by you and PF aren’t that novel.

    My argument is that the so-called attack waged against the medical profession, the grand conspiracy of lawyers described by Poolman and Rabbit, and so-called run away verdicts is so exaggerated it’s not worth debating. It’s just not true no matter how frequently it’s repeated.

    The FActCheck thing was the first I could locate with Google that supported my point. The rest were affiliated with legal groups and I didn’t want anyone climbing up my ass about that.

    PF, I can’t speak to the boards and doctors willingness to criticise other doctors. It’s not consistent with my experience, but my experience isn’t that broad.

    Having said that, what is the point of “the board” if it’s not for medical expertise? What’s the advantage to the patient (I know what is to the doctor)? I used the example of arbitration because it was held out as a way to streamline the process when in fact it hardly amounts to that. They are used almost exclusively in construction (negligence) cases. The board you propose is in fact a form of arbitration. I don’t want expert jurors. I want real people when I’m the Plaintiff. I want people like me to judge the defendant’s conduct, not his peers.

    Think of it this way. When I strike a jury, what am I looking for almost all the time? Jurors that are most like my client in every stereotypical respect. That applies to both sides. I can count on stereotypes to a considerable degree thinking about how my case might be viewed. There is some deviation. All lawyers know that women are harder on other women than men. They also know that engineering types make the worst jurors because the reject the arguments made by lawyers, supply supposition to reconstruct events, and tend to see things in black or white such that they are dangerous for both sides — well, unless my client is an engineer accused of negligence. By contrast, Judge’s tend to be jaded and less outraged because they’ve always seen worse. Lawyers always accuse their opponents of misconduct in presenting their case so the name calling and claims of skulduggery are ignored. Is that a good thing? Depends on who you represent and what you’ve been up to, right?

  121. “My argument is that the so-called attack waged against the medical profession, the grand conspiracy of lawyers described by Poolman and Rabbit”-Tigre

    I thought I made myself pretty clear it’s not a conspiracy.

  122. I did find that union type behavior by the bar associations to be a premeditated attempt to corner the market on some para-legal stuff …some of those “definitions” were so vague it could be applied to many things other then just the real estate/closing stuff….as the FTC pointed out.

    I know union behavior…..and that was text book.

    I don’t think it’s the most evil thing that ever happened on Earth. But it certainly and example lawyers looking out for lawyers.

  123. Yeah, but it included a Stuart Smalley video, so I can ignore it! 😆

    Actually, your prior comments about “you lawyers” (or whatever equivalency) is what I’m referring to. Plus your desperate boyfriend Poolman agreed with you so I can use his comments against you. That’s how guilt by association works! 😆

    (we really should hook him up with one of my fat friends)

  124. “I did find that union type behavior by the bar associations to be a premeditated attempt to corner the market on some para-legal stuff.”

    Rabbit, you don’t have a grasp on the function of the various “bars” or advisory opinions (usually issued by the state supreme court overseeing the practice of law). It’s not quite as “union like” as you presume.

    But your accusation is one that has been made by the real estate profession. Not all states require lawyers to close real estate transactions. I’ve got bigger problems with the opposite — non-lawyers fucking things up royally because they think it’s not “practicing law” and leaving others holding the bag. Paralegals and RE agents are notorious offenders when it comes to dispensing advice they’re not qualified to give to people that rely on it.

    Keep digging though. I am sure you’ll get the dirt on us Rabbit! 😆

  125. Why exactly is that?

    Swelled heads from being told in medical they are the “best and brightest”, the most fragile egos I’ve ever witnessed, insecurities as it a grind to get thru and practice, and med school has this warped view of what represents professionalism. They think it commands respect. I was perfectly happy to be called by my first name, but it was always Mr. ……Corporate America was more professional.

    I got into this beef with the Professor Emeritus XYZ right before I left, who scolded me for forgetting to “bring my clicker” – a quick way to tabulate answers in an auditorium of people. I asked him “Do we need them today?” He said, ….. (my real name), this is a professional school and you are to act as adult. No, you do not need them today.”

    I said, “Dr. …….., I’m technically a decade more than enough to be a grandfather. If I don’t know how to act as an adult now, I never will, and if this were a “professional school”, we wouldn’t be stacked three high on lockers and treated like cattle trying to get our lab coats on to rush in here.” I wanted to add but bit my lip, “no matter how powerful you think you are sport, if it weren’t for my tuition, you’d be studying dinosaur bones in the desert. Cut the condescending shit.” PHDs do not like jr. doctors. It burns their ass upon leaving, you’re immediately making 2-5 times what they are after a lifetime of work.

    Pissed me off to be patronized like that. Actually, Dr…… was a nice man who was an absolute wizard at human anatomy and histology. But he absolutely hated our class – and with good reason. You’ve never met a smarter, more immature bunch of pansy asses in your life. I literally moved to one side of the room by myself fully knowing one day we were going to get our asses smoked. You couldn’t get these kids to shut up, even with guest speakers…cell phones, texting….

    Funny story.

    A world-renown pathologist prepares the students for the 1st set of boards there, who just happened in a younger life to be a world arm wrestling champion too, read us the riot act one day. Told us to close “those damn computers” too. He did get them to shut up. You could have heard a pin drop for the rest of the lecture. 🙂

  126. Tigre, you are forgetting something about professionals in an administration – profit or non-profit. Doesn’t matter whether it is an oil executive or overseer of the hospital. The higher up the ladder, the more this applies.

    Cowardice. 🙂

    All it takes is one frivolous lawsuit to change the policy for everyone and forever.

    I’m sure you’re right. I wager the threat is entirely overblown from the legal community.

    But all it takes is one rotten egg and the remote threat of millions lost. It’s the herd mentality. I’ll admit that.

  127. My wife thinks I should see a therapist. (Never going to happen)

    I have this thing where I can’t enjoy myself if I’m anywhere around kids because I think a tragedy is about to happen.

    The beach is the most miserable place of all, because I find myself full of anxiety watching every little kid in the lake.

    Am I mentally ill?

    We’re about to go to the beach, and like clock work….terrible anxiety kicks in.

  128. Mentally ill? Not the way you read here brother.

    Anxiety is necessarily a sign of mental illness. Irrational anxiety is. If you’re serious, go see your doc. I can almost guarantee they would promote some SSRI for you to take – mild case of depression.

    Standard M.O. anymore.

  129. “Anxiety is [not necessarily a sign of mental illness.”

    But it could be a sign that someone’s gonna die. 😆

  130. “I have only one contribution to make to the doctor/lawyer discussion. If I call my closing attorney “Bill” he smiles and engages with me. If I were to call my pulmonary doctor “David” he’d crap his pants. Why exactly is that?”

    Because he has twice as many years of training as a lawyer?
    (That’s a joke. Couldn’t resist. Sorry.)

  131. “I have a tube sticking out of my neck as we speak because of hospital negligence.”

    WTF????

    “Here’s an idea to avoid “nuisance law suits”. How about when a hospital or doctor screws up and they know it, they simply tell the patient “we’ll get you as close to whole as possible on our dime and/or give you enough money to get back on your feet.”

    Yes! That is my (admittedly nascent) idea to bring this insanity to a close. Do what the NTSB does so well – search diligently for the cause of the fuckup, fix it as best as you can and then do a process to make sure it doesn’t happen again. We do that here. It is “root cause analysis.” The final report is made and given to everybody involved. If there is a screwup it is identified explicitly and everybody sees it in writing and the hosp goes to the patient and offers to make it right. I hate to say it, but I work for a pretty good corp. No bullshit tolerated and making the patient well comes first. (No I don’t own any stock. )

  132. Tigre … TMOT is my new hero! I do have one concern though. I’m not particularly at ease with the brother talking to the camera when his eyes should be on the road.

    Thanks for introducing me to TMOT … I need to keep up with that brother!

    WHITE MAN’S EDUCATION!

  133. “I don’t want expert jurors. I want real people when I’m the Plaintiff. I want people like me to judge the defendant’s conduct, not his peers. ”

    Why do you want non-experts? This is a real softball. You want them because you can influence them, since they know NOTHING about the subject.

    Put me on a jury. I’ve seen many trials of various sorts. The jurors who remain after voir dire are not who I’d want determining MY fate. I testified in a Medicare fraud and abuse trial in St. Louis many years ago. I have few talents, but teaching is one. But the problem is that you can only make complicated things so simple. The jury convicted this guy; I had reviewed his charts and they were pristine – far better than mine – and he was absolutely innocent. His crime? He had pissed off local power brokers. (Long story). Anyway they polled the jury later. Their response? “We didn’t like Dr. A’s testimony because it was too complicated and we didn’t understand it. We didn’t like Dr. B’s testimony (mine) for the same reason. But we figured if the US Govt charged him with five counts he must be guilty of one, so we took it easy on him and convicted him of just one. (Of course that is a felony so he lost his license and all access to Medicare funds forever, and they bankrupted him by forcing him to do thousands of pages of lawyer work. All because he wouldn’t roll over and plead to one charge – pissed them off. The FBI lied, the investigators lied. Really soured my attitude toward the govt.) Anyway, THIS jury was lost from minute one; they had NO concept of what was appropriate and inapropriate medical treatment; they just convicted this guy because they were confused, by their own admissions. Jury of my peers? Feh.

  134. Rabbit, this heat has me a bit scared. We’ll be traveling to Pennsylvania on Saturday and the only thing keeping us (including my cat) from roasting will be my car air conditioner. If that sucker fails I don’t know what we’ll do. Even though, with my lungs, I’m at risk, I’m more concerned for my 7 year old and the cat. Can you imagine the house-warming party in your new home when your cat just died?

    Dumbass weatherman here said the heat wave will break on Saturday … it’ll only be 95. Idiot.

  135. Don’t worry R. I think TMOT was driving through a white neighborhood. No need to pay attention.

    WHITE MAN’S EDUCATION!

  136. Shadia is outspoken, has piercings and tattoos and recently married an Irish Catholic who is converting to Islam.

    Sounds like a perfect candidate for a mercy killing. Can they show that on TV?

  137. Hey, what’s 95? It’s a 109 here, and I just mowed the backyard before picking up my pup, who had his balls removed today. Then I ran 20 minutes on the treadmill for good measure because I cut it short last night, where the temp said it was 89.6. I’m drained.

    If my pup Mickey can stand 109, Ozzie can stand 95. 😉 Actually, I’m such a twisted deviant for animals, I installed a window AC unit in “his house” – a windowed in back patio. Sweat my gonads off doing that too yesterday – maybe I’ll become an electrician or carpenter. Spoiled, little stray that he is – Mickey lives in comfort, while we’ve got people dropping dead from the heat around here. There’s something terribly screwed with our thinking these days. It’s day #29 of over 100 degrees.

    Speaking of rip off pharmaceuticals Rutherford, I just paid $4.99 a piece for frickin Rimadyl pain killers for Mickey – damn chewable cookies at are about the size of a dime.

  138. Hey “R”, you need to watch this. How about 1.75 Trillion dollars in “regulations” this year? That’s the estimated tally.

    http://www.pjtv.com/?cmd=mpg&mpid=86&load=5785

    Off the top of my head, for every eight dollars of product, we have one dollar of regulatory costs. 12.5% of the entire economy is regulation. That’s insane my old friend. And your buddies in Lefty land think we need more? 😡

    Cost $400 billion for the aggregate America consumer to calculate and pay their taxes.

    Even in the Obama Adm, that would appear to me to be some serious money. No wonder we are falling apart.

  139. “You want them because you can influence them. . .”

    Well duh! What the fuck do you think my job is? “Well gee, now that we’re here, maybe I should tell them that whatever the other guy says is probably right.” 🙄

    So you thought another doctor was innocent, huh? You don’t say. 😆

    One thing I do know is that the jury didn’t say what you said they did when polled. You deserve a jury of someone else’s peers to evaluate that one. I noiminate myself. You’re guilty of lying like a mo-fo! 😆

    Seriously PF, did you think before typing your comment at #180? If so, you are waaaay dumber than I thought. You make the point.

  140. But it could be a sign that someone’s gonna die. 😆

    😆 Or to put it a different way:

    Just cos you’re paranoid doesn’t mean the bastards aren’t out to get you. 🙂

    (Or to put it a third way … a shrink’s worst patient is the paranoid who really does have someone out to get him.)

  141. WTF????

    PF to avoid boring everyone else here who already knows the story, suffice it to say I had to undergo an emergency tracheotomy because the ER nurses mistook my unconsciousness for sleeping. Had my own PCP not stopped by to check on me, my wife would have gotten a call later that morning from the hospital letting her know I had died in the ER.

    Perhaps if I’d known I’d be laid off a year later, I would have sued but like I said, I’m not the suing type.

  142. Dumbass weatherman here said the heat wave will break on Saturday … it’ll only be 95. Idiot.

    – Rutherford

    Too bad you’re not acclimated to the heat. 95 would be soooo comfortable. My shady back patio is 102 right now. I love it! Much better than freezing my butt off and shoveling that white stuff. And driving…well, I’ve have some fun 4-wheeling in powder, but for the most part, I don’t miss it. Besides, these hot temps do much to promote my business.

    Since the economy dumped, there has been plenty of folks move away and plenty move into this valley. Pools are a huge part of our culture here. If you’ve ever flown in or out of this area, you’d be amazed at vast amount of shapes and colors.

    Today I’m digging a huge dive pool and laid out a small kidney-shaped play pool, ready to dig when the HOA green lights it. There seems to be an uptick in work. Slow but sure. I hope we can sustain it. I just may make a living at this again, God willing. That’s exciting!

    My investment advice, FWIW…

    Liquify your assets

  143. Rutherford, that “T Mike” guy is absolutely correct. Where’s he been?

    Bigger question is, “will anybody listen to him?”

    Sorry about getting kitty’s name wrong. I really did think it was “Ozzie”. I’ll put Ollie to memory – cute name.

  144. I was sitting here thinking today. It’s been a 112 here this last week. That’s not a record In January of this year, it was 28 below where I live and that is a record by far. And that wasn’t the wind chill. That was damn temperature. It was colder in Oklahoma than the North Pole. This is the strangest weather year I remember in my life. 27″ of snow and frigid arctic cold, followed by the worst drought since the Dust Bowl and heat indices approach 120.

    I’ve experience 140 degree temperature variation this year in my front yard. I’ll bet not many can make that claim and lived to tell about it. And I don’t remember even really suffering while doing so. That’s how pampered we Americans have become.

    Can you imagine how many people would have died this year in Oklahoma had this been 1911 instead of 2011?

    Damn, our ancestors were a hell of a lot tougher than we will ever be.

  145. He’s TMOT (The Minister of Truth)

    Oh, okay. I get the acronym now. I was trying to understand him there at the end and figure it out.

    A combination of good sense and kick ass. I like that in a man. He gets my vote. The “Strong Woman” video was short and even better.

    What the hell is “Strong Woman”, you lazy ass good for nothing? 😆

  146. Of course Tex we have no reason to worry about climate change right.

    Climate change? Like Winter, Spring, Summer, and Fall? Yeah, I absolutely believe in climate change. Morning, noon, night too. Is there somebody that doesn’t? 😐

    It was much hotter than this in 1980 – 60 days of 100 plus. No Rutherford, we’ve got an incredibly strong La Nina and the dry hot was predicted three months ago.

    Unless you can figure out a way to heat or cool trillions of gallons of H2O and regulate the Pacific, give it up. The AGW issue is dead and moot and was the day those assholes were caught fudging data and lying about Climategate, RainforestGate, HimalayaGate.

    Now if you want to talk about “global cooling” – well, I can’t explain 28 below in Oklahoma.

  147. I am reading this for the first time as I’ve been man-down with back issues.

    Question: If Daily Kos is pushing for her to run for Senate, then how non-partisan can she really be?

  148. “You want them because you can influence them. . .”

    ‘Well duh! What the fuck do you think my job is? “Well gee, now that we’re here, maybe I should tell them that whatever the other guy says is probably right.”‘

    No, I guess I thought you would pick a juror who could understand the evidence and make a thoughtful, educated decision. I had thought justice was the point of the exercise, not winning. My bad.

    “So you thought another doctor was innocent, huh? You don’t say.”

    No, I thought another human being was innocent – having thoroughly reviewed his charts, upon which the charges were based. I did not think he was innocent because of “confusion” and faith in the govt lawyers. And I DO say.

    “One thing I do know is that the jury didn’t say what you said they did when polled.”

    How do you know that? (All I have to go on is what the Doc’s lawyer told me later, since I did not participate in the polling. I suppose the lawyer could be lying…don’t know why he would do that.) I suppose it is also possible that you, not being there, COULD know more than people who WERE, but I don’t think so.

    “You make the point.”

    Thanks. I thought so, too.

  149. Rutherford –

    Could you direct me to a post that details your medical situation? Not morbidly curious, but I am clearly missing a lot of background stuff that everybody else knows. That way nobody else has to thrash through it again.

    Thanks

  150. poolman – re: pool shapes

    I am a long-time Chet Atkins fan; he was probably one of the kindest, most gentle fellows to ever populate the music industry. Many years ago he did a TV special called, “Chet Atkins, CGP” (Certified Guitar Player) and talked a little about how tough it had been having success in Nashville.

    He talked about how he had finally made a little money – kind of boastful for Chet, I thought – and that the first thing he did was get a swimming pool shaped like a guitar…..
    .
    .
    .
    .
    amplifier.

    I just hooted. Yep, still humble.

    I don’t know if you like him but there is a Youtube vid of him not too long before he died. He talks a little about how his father had treated him when he was small. Sad, really. Chet was a Really good guy.

  151. “No, I guess I thought you would pick a juror who could understand the evidence and make a thoughtful, educated decision. I had thought justice was the point of the exercise, not winning. My bad.”

    Let me know when your hire a lawyer to lose for you. 😆

    You don’t pick jurors Oh Great One. You strike them. But I’m sure you knew that as the losing defense attorney restated the jurors telling them how stupid they were after-the-fact. 🙄 Is there a new kind of system in this Court or are you talking out of your ass? What were the jury charges argued by the defense on the presumption of guilt?

    In any event, you’ve described a criminal trial, not civil. So, your only point is that everyone’s too stupid and that’s why you were disbelieved (bias and inability to distill concepts for the jury, of course, might not have had anything to do with it). How much were paid by the defense for your testimony Doc?

    Hell, if the corrupt prosecutor “picked dumb jurors” to pull one over on them, despite your brilliant but unaccepted testimony, the defense lawyer could’ve waived his client’s right to a jury. Why didn’t he do that if the case really did turn solely on his charts, a corrupt prosecutor, mouth breathing jury, and apparently moronic trial judge and retarded appellate court too (all in on it) that didn’t set aside the verdict?

    You’re sounding like the No.2 know-it-all doctor I described. I have a hell of a lot of experience with juries and I know they didn’t come out and say what you claim to the defense lawyer they just rendered a verdict against. That was the justification of a losing defense attorney. I know the spiel. I have been there many, many times. I have muttered similar statements when I thought the jury didn’t understand the evidence or I was prevented from presenting my case because of an overly-involved judge.

    Doc, as much as I know you want me to respect your experience as a testifying expert (referred to as whore by the lawyers), you’re overselling it. I know you didn’t sit around for the whole trial. In fact, you were prevented from doing so under the rule of witness sequestration. You, as a testifying witness, had absolutely no interaction with the juries in any of your trial experience. Your claimed insight just ain’t so, Doc. Of that I am certain.

    This “individual” with whom you so closely identify may have been completely innocent of all day long. Everyone involved except his own lawyer and you might be complete imbeciles. But the bullshit detector is blaring.

    Simply put, your “everybody’s stupid but me” is why I don’t want you deciding the fate of patients in CIVIL med mal cases (there’s a big honking difference from the criminal trial you described). Theoretically your job as an expert is to use your superior knowledge to explain the evidence to the jury, not determine outcomes because you think you’re smarter than everyone else. Apparently that didn’t work, and sometimes complicated testimony is not understood. I don;t dispute that. But you should review your own comments to Tex concerning Casey Anthony because that’s when you were talking more sensibly.

  152. “In any event, you’ve described a criminal trial, not civil.”

    I think I said in the beginning it was a Medicare fraud trial.

    “How much were paid by the defense for your testimony Doc?

    As always, zero. If I think they are right, I testify. If wrong, I do not get involved, except – in civil cases – to advise the insurer to settle.

    “Hell, if the corrupt prosecutor “picked dumb jurors” to pull one over on them, despite your brilliant but unaccepted testimony, etc…

    Don’t know how brilliant it was; they said it was too complicated and they didn’t understand it. Of course I was not allowed in the courtroom except during my testimony, so what went on after that I don’t know. I WAS able to see the transcript later, and the FBI lied, as did several Federal witnesses. I saw the charts, remember?

    “That was the justification of a losing defense attorney. I know the spiel. I have been there many, many times. I have muttered similar statements when I thought the jury didn’t understand the evidence or I was prevented from presenting my case because of an overly-involved judge. ”

    That may be true. I am not a lawyer and have not tried ANY cases. All I know is what I saw and heard from MY side.

    “Doc, as much as I know you want me to respect your experience as a testifying expert (referred to as whore by the lawyers), you’re overselling it.”

    I have never said anything of the sort or implied same, nor am I so insecure that the opinion of someone claiming to be an attorney on a blog with – as near as I can see, about five posters, would be of any concern to me. I wouldn’t know you from Adam if I met you on the street. I simply am recounting my experience.

    “Simply put, your “everybody’s stupid but me” is why I don’t want you deciding the fate of patients in CIVIL med mal cases (there’s a big honking difference from the criminal trial you described). Theoretically your job as an expert is to use your superior knowledge to explain the evidence to the jury, not determine outcomes because you think you’re smarter than everyone else.”

    I never said that either. That is your surmise, which is, by the way, incorrect. I do have superior knowledge in a very narrow area. Does that make me generally “smarter?” No, not any more than your very narrow expertise does you. I certainly am an expert in diagnostic radiology; I can review charts and I CAN read, so I know what they say and what they do not.

    And I know what the lawyer told me afterwards. Was it BS? You seem to think so; I’d never considered it. Perhaps it was.

  153. Doc, I’m embarrassed to ask this, but I really don’t know. I’ve been meaning to ask you this for a while and I keep forgetting. I’ll reveal vast medical ignorance.

    I had one 3 hour course of diagnostic imaging – first semester med school. Got a ‘B’ – I could recognize the simple things, tell an MRI from a CT, a CT from an X-ray, etc…understand the differences in mechanics. But one thing I never learned and has always bugged me, perhaps explaining why I got the med “B” instead of “A”.

    And I swear the radiologists who taught the course never made this clear, or I missed it from the git go.

    Exactly how do you determine when to use an MRI and when to use a a CT? Is it soft tissue vs. osteon, anatomical positioning, threat of ionization? How do you make that determination?

  154. Whatever PF.

    “Put me on a jury. I’ve seen many trials of various sorts. The jurors who remain after voir dire are not who I’d want determining MY fate.” -PF

    I guess I was wasting my breath. My bad. 🙄

  155. Tigre, you just don’t understand. Your daily participation in the legal process means that you can’t clearly understand that what other people think is bullshit really is, rather than it having a purpose and meaning that their casual observations and anectdotes from others don’t make clear to them.

  156. Well I only “claimed to be a lawyer” on blog with about 5 participants, so maybe he’s right. 🙄 I guess I shouldn’t let it bug me.

    BiW, ever notice the inverse relationship between the actual significance of the witness’ testimony and their belief that it controls the outcome of the case? I need to give the phenomenon a name.

  157. “Your daily participation in the legal process means that you can’t clearly understand that what other people think is bullshit really is, rather than it having a purpose and meaning that their casual observations and anectdotes from others don’t make clear to them.”

    uhhhh…..?????

    There is no way you didn’t type that without wearing a bow tie.

    Even you guys’ damn blog rants sometimes read like the health care bill.

    It’s a good thing you nerds make money, i don’t know how you guys would ever get laid.

  158. Rabbit, that’s the secret language that keeps you guys from joining the Illuminati. . . er . . . bar.

    Man if it weren’t for alcohol and chicks with low self esteem I’d still be a virgin.

  159. PF, there’s no post regarding my physical state. Anyone here with any details got them through four years of getting to know me on the blog.

    Not much to share really … been disabled all my life … walk with leg braces and a cane. Serious scoliosis which in turn causes restricted breathing.

    Oh … and I’m really short.

    Oh and according to Rabbit, I look like Gollum. 😐

  160. Ok I can’t resist the ocassional comment from my iPhone spelling be damned.

    I might be a pussy for taking three days but I’ve got a literal pussy in the backseat (Ollie my domestic shorthair). Between the 7 year old, a meowing cat and a wife whose fuse may get short, you try this in one 16 hour stretch.

    I double-dog dare ya! 🙂

  161. Tex but for the brown pee you described one of my travel adventures to the tee. But I have one additional component.

    Bladder about to burst and …
    Car about to run out of gas with 15 to 20 miles between exits.

    When I finally found an exit with a gas station the attendant filled the cars bladder while I emptied mine. And yes the drip drip is frustrating as hell.

  162. “delusions of grandjure.” 😆

    “Headswellus juris proximita” 😆

    That’s why I hang around here. We need thinking like this in Washington.

  163. I might be a pussy for taking three days but I’ve got a literal pussy in the backseat (Ollie my domestic shorthair). Between the 7 year old, a meowing cat and a wife whose fuse may get short, you try this in one 16 hour stretch.

    So did I. I my youngest slept, listened to music, watched videos, and text her boyfriend several times an hour. 🙂

    We exchanged about nine words for one ten hour stretch. They were, “WHAT?” (headphones peeled off ears) “I said count out eight quarters quickly.” 😈

    We acknowledged potty breaks through sign language and facial expressions. Oh, I guess there were a few other demands. “Dad, I need some moolah.”

    The cat, unless it has health problems will be the least of your concerns – that is, until you try to push a leash around Ollie’s neck. The kid – they’ll whine enough to move back into a coma if you can grit your teeth that long.

    But the wife with a short fuse. Whew….that is problem. Now you’re just begging for a beat down.

    What happened to the second car? Are you some kind of masochist? You’re old enough to recognize a chance when you see one. You throw the wife, kid and cat in the lead car. You crank up the music and follow along in the second.

    Damn Rutherford. Am I going to have to give you marital counseling so you don’t go before your time? This is why God made moms. They juggle all the balls and you follow back a few steps enjoying yourself without worry.

  164. Late to supper on this one.
    I am amazed anyone finds Warren a great anything. I imagine should could take Brown out but he has pretty much assured anything up to and including a bag of dog crap will.
    As for Warren being capable of taking out BHO. Too funny.

  165. I agree Alfie. I knew little about her, and Pfesser (I think) passed a video of her at Fat Grannies – I wasted about 50 minutes of my life, as she told me nothing I didn’t already know, accompanied with platitudes.

    I am still trying to determine what exactly is so impressive about the woman.

  166. Didn’t follow Hucks link but as I can say reporting from the Bay State…
    Warren will be joining a field of about seven. Most notably the black,liberal mayor of Newton (Barney F’s town) Setti Warren.
    The lib/prog combat and visceral upset that should ensue is a plus for Brown,who should’ve been an easy out for the (D)’s

  167. btw the hot story line locally for a bit was how Liz didn’t know any of the names of the Boston Red Sox.
    I found this story having tiny legs to be very telling of how both barn coat,pick up truck Brown and many Dems and indies will fight the national progressives take Warren and love it shit sandwich serving

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