Census 2010

As if my Monday wasn’t already sucking hard enough on its own, I received this letter today:

Dear Resident:

About one week from now, you will receive a 2010 Census form in the mail. When you receive your form, please fill it out and mail it in promptly.

Your response is important. Results from the 2010 Census will be used to help each community get its fair share of government funds for highways, schools, health facil­ities, and many other programs you and your neighbors need. Without a complete, accurate census, your community may not receive its fair share.

Thank you in advance for your help.

Sincerely,

Robert M. Groves
Director, U.S. Census Bureau

This letter literally made me throw up a little in my mouth. Gone is even the pretense that the census will only be used for its proper, consti­tu­tional purpose. If filling out the census form means I’ll be helping my community get its “fair share” of stolen loot, then I won’t be filling it out at all.

Lawyers are Good People

Via Paul Hsieh at Geekpress, “16 Things Your Lawyer Won’t Tell You”, a piece purporting to arm consumers of legal services the better to keep tabs on their lawyers, but which ulti­mately severely misrep­re­sents the profession. The overall problem with the article is that it assumes that it is immoral for a lawyer to make money off his clients’ legal woes. Here are the most misleading points from the article, and my expla­nation of why they are misleading.

1. I use forms but charge you as if I did it from scratch.

Lawyers who create and sell operative legal documents (wills, contracts, trusts, &c.) do use forms. They are forms the lawyer has created himself using many different sources and his skill and knowledge of the law. The first time a lawyer creates a document, he may spend hours on it, researching how to draft it properly to meet the client’s needs. The next time, he will spend less time on it, because many of the partic­ulars are the same for the second client as for the first. But some things will change, and a good lawyer will add those changes into his form, making the form better and more flexible. Eventually, the lawyer has a robust form that takes only a few minutes to fill in and create a document of equal or better quality than the first one he drafted. At this point, many lawyers will use a document assembly program like HotDocs (now a LexisNexis product) to complete forms dynam­i­cally and rapidly.

The lawyer certainly spends less time creating subse­quent versions of the document than he did in first devel­oping the form. Yet he charges each client the same. Why? Because he is selling a product, not his time. The article implies that a lawyer should bill based on how long something took. But if lawyers did this, they’d never get that first client to swallow a $5000 bill for a $250 document! The document is worth exactly the same to the client whether the lawyer spent 20 hours or 20 minutes drafting it. Because the document is worth $250 to the client, there is absolutely nothing wrong with this practice. The article, on the other hand, implies that lawyers should not take the value of the service or product to the client into account when setting prices, something that is a perfectly acceptable practice in any other business trans­action, with the possible exception of doctor-​​patient trans­ac­tions (but that’s a topic for another day.)

2. I hand off work to peons but charge you a lawyer’s rate.

This one is misleading on two counts, one minor and one major. The minor one is that a lawyer would never refer to his staff as “peons”. The major one is that it fails to define what work lawyers delegate to non-​​lawyer office staff. Typing. Filing. File retrieval. Data entry. Mailing. Proofreading. Sometimes para­legals will pull, read, and analyze case law or statutes or do other basic legal research, which is then submitted to the lawyer, who then uses his skill and knowledge to apply the law to the client’s situation and advise the client accord­ingly. Contrary to the article’s suggestion, lawyers do not bill clients a lawyer’s fee for work not done by the lawyer. The lawyer charges a fee for a service, and oversees the non-​​lawyers assisting him in providing that service, reviewing and (most impor­tantly) inte­grating their work into the whole service package. Again, the piece wants lawyers to bill only on the basis of how much physical labor they perform, without accounting for added value to the client generated by the lawyer’s other skills. The piece suggests that lawyers should be required to do all their own typing. (Interestingly, doctors are forced by law to do a lot of secre­tarial work them­selves, such as filling out billing sheets, wasting a lot of time that could better be spent with patients.)

8. I don’t know much about the law.

This is the only point the article admits, albeit only implicitly, is misleading. The article is talking about special­ization. No lawyer practices equally in every area of the law. Every lawyer knows more about some areas of the law than others. This does not mean that every lawyer “[doesn’t] know much about the law.” Knowing about law isn’t just knowing about statutes and case law in a particular area, but also knowing how they fit in with the legal system, how they impact society, and how all of it is evolving. Few lawyers can rattle off case names and statutes without looking them up, because there is no need to memorize such things in most areas. The law changes constantly, and even specialists must expend a great deal of mental energy to keep up with the latest devel­op­ments in their fields. (Last I checked, a cardi­ol­ogist who has to refer clients to an oncol­ogist for cancer treatment doesn’t get smeared with the claim that he doesn’t know much about medicine.)

9. I don’t refer you to the best lawyers.

True. I refer you to the specialists most likely to be able to help you. “The best”, is as much as they exist, typically charge huge fees, or have caseloads that won’t allow them to take on your case. I’m going to refer you to someone who knows the area of law better than I do, and who I think or know will take your case. I’m not going to waste your time. All referral fee arrange­ments require client autho­rization, and most of the time clients are happy to agree to them.

10. Your bill is only a guesstimate.

Attorneys bill clients in six-​​minute intervals. But don’t let this level of precision fool you—not all lawyers are fanat­i­cally staring at their stop­watches to ensure you are not getting overbilled.

The article takes two common, but exclusive practices and ignores their exclu­sivity. A lawyer who bills by six-​​minute incre­ments (usually only the largest firms bill this way) are fanatical about recording times. Lawyers who bill in larger time incre­ments are able to be less fanatical. Lawyers who bill by the service, rather than by the hour (the vast majority of your solo and small-​​firm lawyers) don’t have to worry about time because they don’t bill by it. They charge a flat fee for a phone call or a document or a depo­sition, as the situation allows. Your bill is no more a “guesstimate” than a doctor’s bill is, or the bill of any other service provider. Your bill will be a reasonable one for the services provided.

11. I don’t have to tell you how I screwed up in the past.

Lawyers, like doctors, engineers and archi­tects, are often subject to complaints from clients. Clients will file ethics charges with the state, and then the state will evaluate them. As with complaints about doctors, engineers and archi­tects, the vast majority of complaints to state officials about attorneys do not go anywhere because they are frivolous. On the occasions where something is amiss, the lawyer (like the doctor, engineer or architect) will be disci­plined by the state bar, and that disci­pline will be a matter of public record. And like doctors, engineers and archi­tects, lawyers are not required to announce every complaint or disci­plinary action against them to every potential client. The article is extremely misleading in how this is worded, because it suggests that lawyers don’t have to tell you these things even if you ask, which is completely false.

13. Mediation might be the better choice.

Actually, it is far more often the case that the client will be the one trying to avoid alter­native dispute reso­lution. Litigation is expensive for the lawyer, too. Not just for the client. But clients are usually the ones pushing for their day in court when the choice is between ADR and liti­gation. Your lawyer will advise liti­gation in a situation where both would be appro­priate only if he honestly believes the ADR will not vindicate your rights. This is most common in arbi­tration situ­a­tions, not mediation. Many courts across the country now require the parties to attempt mediation prior to advancing litigation.

15. I’m training junior attorneys on your dime.

This one suffers the same problems as #2. Firms that charge by the hour do not bill senior attorney rates for junior attorney work. Firms that charge by the service are not charging by the hour. They produce a uniform quality product and charge uniform prices accord­ingly, regardless of how the work is generated.

So many lawyers are good people, but they get such an insanely bad repu­tation. It cannot be simply that people believe they are entitled to the services of lawyers (a belief perpet­uated by bad law that actually says they are) because people also believe they are entitled to the services of doctors, and doctors aren’t nearly so maligned as lawyers. Like doctors, lawyers help people every day, making their lives incal­cu­lably better. Like doctors, they ask for compen­sation for this help — compen­sation to which they are morally entitled — and yet, for this, they are hated. Don’t get me started on lawyer jokes. You already know how I feel about those.

Lawyers and doctors both save lives, though in different ways. What do people expect? That young people should put them­selves through the hell of law school and the bar exam, incur in excess of $100,000 in student loan debt, work tire­lessly in a field that is constantly changing and frequently extremely stressful, and receive nothing, or merely enough on which to survive, in exchange? That’s certainly what Congress intends to do to doctors. Clearly, this is the work of pervasive altruism. But here is something I do not under­stand — Why has it attacked the profes­sions so disproportionately?

Update: Comments closed due to their complete inap­pro­pri­ateness for publi­cation. None will be posted.

Diving Sign Fail

Via FAIL Blog, this Orange County sign:

diving sign

The refer­ences are to the Orange County Codified Ordinances. The ordi­nances read:

Sec. 2–5-49. — Diving/​jumping.

No person shall dive or jump into any body of water in park, beach or any recre­ational area from any pier, bridge, rock or precipice other than at those places desig­nated and posted for diving or jumping by the Director, as autho­rized by reso­lution of the Board of Supervisors. Violation of this section shall be an infraction.

Sec. 2–5-49.1. — Landing in water after having jumped or dived.

No person shall land in any body of water in any park, beach or recre­ational area after having jumped or dived from any pier, bridge, rock or precipice above such body of water, other than at those places desig­nated and posted for diving and jumping by the Director, as autho­rized by reso­lution of the Board of Supervisors. Violation of this section shall be an infraction.

Despite the similar construction, I think the two statutes prohibit two different acts. I added bold to the ordi­nances to try to make some sense out of them. The first prohibits jumping from an undes­ig­nated pier, while the second prohibits jumping into an undes­ig­nated body of water from any pier, desig­nated or not. For example, a pier may be desig­nated as appro­priate for diving, but only in the deep water off the end. It would not be an infraction to jump from the middle of the pier, but it would be an infraction to enter the water under the middle of the pier after having jumped therefrom, because that water was not also desig­nated for jumping.

At least, that’s the only way the second ordinance makes any sense to me. These are still wrecks of legis­lation, and this is still a wreck of a sign. Orange County lawmakers need to get off their lazy asses and write laws that clearly indicate what is prohibited. Or better, sell the parks and public beaches to private entities and let those entities make the rules and signs.

How I Roll

This cartoon wrote a sweary word on your toilet wall.

Garmin’s Christmas Adverts

I really enjoy Garmin’s Christmas adverts. They’re clever and make me want to buy a Garmin. I already have a Garmin, though, and I love it. I’m taking it on my trip to Italy. Which reminds me I need to buy the maps for Italy for it before I go. Enjoy!

Christmas

It’s that time of year again. So it’s snowing here at WoPSR​.net and the Magic Special Buy Me Stuff for Christmas Happy Funtime Wow Wishlist Hat™ is back. I also moved the links from the right side to the left side and added a Flickr widget to the right side. It shows the latest three photos I’ve uploaded to Flickr. Clicking one will open it in a lightbox. If you click on the heading, “Flickr”, it will take you to the Flickr page, which has a full gallery. You can even­tually get to my actual factual Flickr page on Flickr’s servers by clicking on images in the gallery.

I’ve set up a Flickr account because I need a safe place to store all the hundreds and hundreds of photos I’m going to take this Christmas. I am going to Italy for two weeks: December 19th through January 1st. I will visit Rome, Florence and Venice, with day trips to Vatican City, Pompeii, Orvieto, Pisa, San Gimignano, Assisi, Siena, and Maranello, where the Galleria Ferrari is. I will be doing all the classic touristy stuff — climbing the Duomo at the Florence Cathedral, visiting the Sistine Chapel, touring the Roman Catacombs, posing like an idiot in front of the Leaning Tower of Pisa (here are some examples), and riding in a Venetian gondola. Except in winter. At Christmastime. Which is not the tourist season (excluding Catholics who like to go to Vatican City around that time of year).

I’ll be taking along with me my new spiffy Christmas present to myself: a nicely equipped DSLR package:

You will notice the fisheye and the panorama head in there. I plan to make some lovely panoramic photos of the very best things to see in Italy. I will be using PTGui Pro to make the panoramas. I probably won’t make them until I get back, though, because they require quite a bit of processing. If you see one in the Flickr, consider yourself very lucky.

(For the petty tyrants at the FTC, I didn’t get anything for free. I paid full price for every­thing myself. Anything good or bad I have to say about any products mentioned here should be taken as the remarks of an ordinary consumer, not of a paid reviewer.)

I will probably review some or all of the camera stuff when I get back, after I see how well it performs.

Pisa Photos (I didn’t take those photographs):

  1. Starts with a Bang » A Free-​​Fall Follow-​​Up
  2. All Things Kendall + Carolina » Tradition!
  3. Starts with a Bang » How Stable are Skyscrapers?
  4. Royal Navy » RFA Cardigan Bay » A Group Visit to the Leaning Tower of Pisa

Goldwater on Limited Nuclear Test Ban Treaty

Remarks of Sen. Goldwater on the Limited Test Ban Treaty before the U.S. Senate, September 19, 1963.

Mr. President, after reviewing the remarks made in this Chamber, and the testimony regarding the proposed limited nuclear test ban treaty, I am impressed by three arguments–one in its favor, two in opposition.

In favor of it, after all is said and done, is a hope, usually described as a faint glimmer, that this may be the first step toward easing tension in the world. It is difficult, if not impos­sible, to argue with a hope. It is an emotional thing; and in its soft and gentle glow, arguments appear harsh. The more fragile an illusion, the more rude must seem the attempts to shatter it.

I have warned, and will continue to warn, that nuclear weapons are not the cause of tension in this world; that if all were to disappear magically overnight, the tension would remain, so long as world communism remains dedicated to aggression and obsessed by its irra­tional vision of man as a mere cog in the machine of history.

But hope heeds only itself. How does one remind hope that, hitherto, on-​​site inspection has been the qual­i­fi­cation of our trust of any arms control scheme? How does one remind hope that the tech­nology of remote detection still has not developed fully to a point where it can replace such inspection? Or how does one tell hope, sprung from fear, that fallout is less a present threat than smog and fumes of everyday life? If we say these things, hope–revulsed–shrinks from our harsh words. One who says these things stands alone, a sad, somber, and unwelcome guest in a house of celebrants.

We are, appar­ently, well past arguing with hope. The future will shatter the hope and will sober the cele­brants. But we must wait.

For my part, and the part of the other few who must heed other voices in their conscience, there is only the time now to say why we will vote, as we must, to oppose approval of this treaty. I perceive two reasons, basically; and I have based my decisions upon one.

First, there is the reason that this treaty is a political ambush, baited by the necessity of the Soviet to ease the many pressures upon its tyranny. This has been discussed on this floor. The argument impresses me; and I share, with those who have made it, bewil­derment at why freedom is aided by putting salve on the wounds of tyranny. But that is not the argument which, alone, moves me to vote as I must and as I will.

I will vote “no,” because of how I read history and perceive the future. I see in our history, in this nuclear age, that what peace we have had has been possible because of our strength. I see in our history the clear course of Soviet aggres­sions and breaches of the peace: They have poured through gaps in our strength. They have been stopped when those gaps are closed or were precluded when our guard remained high.

I see no change in the future until or unless the objec­tives of communism, not merely their weapons, change. And not even hope has spoken to us so far of a change in those objec­tives. Rather, all say that the objec­tives remain unchanged. But hope, it seems, can hear that truth and still proceed, whistling past the graveyard of experience.

Thus, if strength is the shield of peace and weakness the way to war and defeat, it is the impact upon our strength that concerns me most.

What is that impact? have we not heard assurance after assurance that our strength will be upheld under this treaty? We have, indeed.

But assur­ances are not facts, promises are not perfor­mances and I do not feel that freedom’s strength, in a time of freedom’s peril, can be armored by either. Such strength is a matter of here and now, not of “if and when.” Real hope must be founded upon real strength.

There is a catalog that has been laid before us of the price in strength we will pay under this treaty. Have we seen a similar catalog of a Soviet price? Hope may see such a catalog; reality does not.

The major heading of this catalog of America’s price, America’s strength, is that the treaty, perhaps gently but nonetheless firmly, closes the door of knowledge.

Now the Senate must pardon me for speaking of real weapons in the real world. As I have said, the words sound harsh in the glow of hope. Truth often does.

There has been work underway in our labo­ra­tories toward the design, devel­opment and test of a device with a yield of 80 to 100 megatons. Now the door will close on that, if this treaty is ratified. Does it close on similar knowledge for the Soviets? We only know that they have tested–tested, mind you, not just conjectured–devices with yields approaching that range, and we have not, and we will not under this treaty.

[Editor’s note: Tsar Bomba, the largest nuclear device ever detonated, with a yield of 50 megatons, was detonated by the U.S.S.R. on October 30, 1961. The device had a design yield of 100 megatons, but was dialed back for fear of excessive fallout.]

We have never tested fully the stamina of our hardened missile emplace­ments. The treaty will close the door against such tests. Will it close such a door for the Soviets? We only know that there is evidence that they have tested–have tested, not theorized–hardened structures.

Not knowing whether our missile emplace­ments or missile sites will withstand a severe blast, how can we be sure of our great deterrent, which is a second-​​strike capa­bility? How can we ever be sure that any missiles will leave their sites with the lack of knowledge that we have of the envi­ron­ments to which they will be subjected?

Through the eyes of hope, of course, we see tests of major weapons and systems as unnec­essary. Hope says that what we have is enough, that these high-​​yield devices are of minimum military effi­ciency. Lapsing only for a moment into the language of harsh fact, it is asked if several 20-​​megaton devices are not far better than one 60– or 100-​​megaton device. Again, the answer must be along the horizons of knowledge and not along the edges of the statis­ti­cians ledger sheet.

It is the knowledge of the effect, the envi­ron­mental effect, of high-​​yield explo­sions, the sort we have not tested and will not test under this treaty–it is in such knowledge that we will be weakened by this treaty.

Prompt gamma pulses from high-​​yield explo­sions are known devas­tat­ingly to distort elec­tronic circuitry.

[Editor’s note: A beautiful example of refusal to split the infinitive!]

We know very little about that subject. We know that megaton yields of which the enemy is capable could render unusable our entire commu­ni­ca­tions system. It would even render unusable our entire domestic electric systems at aston­ish­ingly high distances. Since my colleagues have not been to well informed in that field, at the end of my remarks I shall ask consent to have printed in the Record some infor­mation that I have gathered on that subject, but I shall not offer it now.

Interference with elec­tronic triggers is an area of grave concern. So is the effect upon missile guidance systems. so grave is the concern, that our military men must ask if the Soviets do not have the capa­bility, with the knowledge gained in their exclusive high-​​yield tests, of thor­oughly disrupting our retal­iatory missile systems. They must ask if their systems can survive the melt-​​down of fissionable materials by neutron impact, the effect of X-​​rays, the disruption of commu­ni­ca­tions and radar blackout from beta rays, from gamma rays, from fireball effects.

Ask the men who must man the missiles and they say tests are needed. Ask if the Soviets have not already tested in this area and we find that we do not know–but there is ample evidence upon which to presume that they have.

Ask the man upon whose command rests 90 percent of the strategic striking power of this Nation: Ask General Power the impact of this treaty upon the strength about which he knows as much as any man. We have all heard his answer. This treaty is not in the national interest.

Ask the man whose job it has been to work with the most advanced weapons system: ask General Schriever the impact of this treaty. We all have heard his answer. He felt he could protect his country better without the treaty.

And what of the Joint Chiefs of Staff alto­gether? Remember now, if you will, only that they finally supported the treaty because of many safe­guards, many promises, and political advan­tages of which other had spoken. But remember every other day of your life, every day that the time bomb of Communist treachery ticks closer to deto­nation, that they spoke and spoke clearly of military disad­van­tages under this treaty.

Pray God that we do not have to remember that under attack, weakened and unprepared.

Remember also their warning that a state of euphoria would be the most deadly conse­quence of the treaty. Remember that as we now offi­cially study increased trade with the Soviets. Remember it when the next steps are taken, the pacts proposed, the agree­ments signed. It is not too late to remember those things now, but other, more popular tunes seem to dance in the air.

I shall not recite the page after page of cata­loging of the U.S. price in strength that this treaty exacts. Senators know of them; they have heard or read them. They can restudy them. Let me just sum up the price: Under this treaty we close the door on sure knowledge of the surviv­ability of our second-​​strike capa­bility, the very capa­bility which, until know, has been the shield of peace in this world. We halt the search for the widest span of nuclear know-​​how at a point where the total test yields of the Soviet are a full third greater than our own.

If I had no knowledge of weapons and of the enemy, then I would wish also to vote for this treaty and share the brief illusion that it brings. But I have lived too long with reality, too long with the men who are dedicated to our defense, too long with the facts of the enemy’s dedi­cation, to discard all that I am and all that I know.
I will vote against this treaty because it will erode our military strength. I will vote against this treaty because it preserves the enemy’s advances in high-​​yield weaponry while freeing them to overtake our lead in low-​​yield research. We pay a price; they do not.

I do not vote against the hope of peace, but only against the illusion of it. I do not vote for war, but for the strength to prevent it.

I have been told, as have others, I am sure, that to vote against this treaty is to commit political suicide.

I will vote against this treaty because in my heart, mind, soul and conscience, I feel it detri­mental to the strength of my country.

If it means political suicide to vote for my country and against this treaty, then I commit it gladly. It is not my future that concerns me. It is my country-​​and what my conscience tells me is now best I may preserve it.

The Senator then asked and was granted unanimous consent to include addi­tional written materials in the Record, and then responded to questions from the floor.

Source: 1963 Cong. Rec. 17557–58.

Any typos are my own. I typed it rather quickly.