A couple of interesting posts recently on the scourge of the business community — the billable hour — gives me the opportunity to pass along the cartoon on the left from the always-insightful Stuart M. Rees of Stu’s Views.
First, local law school blawger Luke Gilman provides a compendium of links and analysis to his comprehensive review of the state of the billable hour. Meanwhile, Peter Lattman over at the WSJ Law Blog provides this post on the breaking of the heretofore sacrosanct $1,000-an-hour billing rate, which includes local attorney Steve Susman’s classic observation that he charges in excess of a grand per hour “to discourage anyone hiring me” on an hourly basis.
Me, I continue to subscribe to the theory that I won’t charge an hourly rate that is higher than I could afford to pay if I need to hire an attorney. ;^)
Monthly Archives: August 2007
The Katrina legacy
The “News-Hurricane” category of this blog began with Hurricane Katrina in 2005. The second post in that blog was this one in the early afternoon of Saturday, August 27, 2005, which was one of the first in the blogosphere warning of Katrina’s potential danger to the New Orleans area and urging citizens to evacuate immediately. Unfortunately, most of the folks who stayed and lost their lives in Katrina probably had no way to read the recommendation passed along in the final sentence of that post.
Over the past two years, the “News-Hurricanes” category has developed into a cross-section of articles and blog posts on the various legal, economic and political issues involved in the rebuilding of New Orleans. On the two year anniversary of the storm, here are several more good ones:
Reason Magazine’s Daniel Rothschild has traveled to New Orleans twenty times over the past two years reporting on the reconstruction. Here is the first installment of a three part series that is a must-read for anyone interested in the reconstruction of New Orleans;
The NY Times’ Adam Nossiter, who has also reported extensively on New Orleans over the past two years, provides this article entitled “Commemorations for a City 2 Years After Storm;”
Moneyball’s Michael Lewis writes about the risk of Hurricane Katrina;
Nicole Gelinas of City Journal writes on how the breakdown in law and order continues to hamper the rebuilding of New Orleans;
Ben C. Toledano argues that New Orleans effectively died long before the hurricane struck; and
This Associated Press story describes the difficult task of re-establishing New Orleans’ small businesses, which were a major source of job loss after Katrina (a point made at the time). One of the most interesting aspects of the story is one small businessman’s view on immigration:“Trying to find workers, that’s the toughest thing,” [small businessman Robert] Thompson recalled. “The people we dealt with ó craftsmen, carpenters, electricians, roofers ó weren’t home and if they were, they were decimated themselves.”
Help did come in the first few weeks and months, in the form of workers from Honduras and Mexico who arrived in New Orleans to work in the rebuilding.
“Thank God for them, they were the work force for many, many months,” Thompson said.
Property rights, economics and AIDS
Peter F. Schaefer explains how economics and property rights in African nations combine to facilitate the proliferation of the AIDs virus:
However no one in the US government and few in the anti-AIDS community are dealing with a major issue in the transmission of AIDS called “property stripping.” Since the cure for property stripping is cheap, technically quite easy and would have an enormous secondary impact on economic growth (poverty is a hidden vector of AIDS) it would seem like a sure thing for attention. But it is virtually ignored.
On World AIDS Day two years earlier Dr. Jim Yong Kim – [head of World Health Organization’s HIV Division, Kevin] De Cock’s predecessor – said,“In sub-Saharan Africa almost 60 percent of AIDS sufferers are women [and] in some settings … we are finding … that the number one risk factor for women in becoming infected with HIV is marriage. [And] married women have the highest rates of HIV infection. We have to take on some of the most fundamental and difficult cultural and social issues that are definitely affecting the way this epidemic is spreading. And … if we can take on things like for example, property rights [so] women can inherit the property of their husband if [he] dies, that really reduces the likelihood of them getting into sex work for example. If we can … change laws, change fundamental beliefs and culture by [getting] people the right kinds of prevention messages we will have done a lot not just for HIV AIDS but for issues like gender equity that have been with us forever.”
In the scholarly literature, the traditional practice of the husband’s family inheriting all his property after he dies is called “property stripping.” In normal times, this had some logic; the husband’s family had responsibility for the widow and her children, a brother often taking her as a second wife and so assuming responsibility for his nieces and nephews.
But things have changed. In the time of AIDS, the widow is likely also infected with the HIV virus, though not yet sick since her husband often gets it first and the disease is less advanced in her when her husband dies. So even if her brother-in-law hasn’t died from AIDS himself, he is not willing to marry someone infected with HIV. And often the brother-in-law himself is sick or dead. Nevertheless, the family often still follows custom and seizes her house and farm and so she has no recourse but to turn to menial jobs, begging or prostitution. And since she was infected later, she may have years to spread her illness to her sex partners which are commonly many a day.
[A] Washington Post editorial by Richard Holbrooke . . . noted that increased testing and detection efforts was the “only effective prevention strategies can stop the spread of AIDS.” He goes on to point out that “…monogamous women [are] thrown out of their homes for a disease they got from their husbands.”
Read the entire article, which is another reminder that there are few simple solutions to this terrible disease.
Legal ethics — an oxymoron?
The discussion began last week when the New York Times ethicist, Randy Cohen, ran the following question in his column:
I am a lawyer. During a first date with another lawyer, we had sex, and I wore a condom. Days later, when I came down with a bad fever and couldnít determine the cause, she revealed that she had genital herpes. A judgeship will soon open up in her county, and sheís a near lock for it. But if I report her lapse of sexual ethics, I doubt that the selection committee will pick her. Should I? ó NAME WITHHELD
Cohen replied as follows:
You should not. No doubt your paramour acted dreadfully. She should have told you that she had herpes and let you decide whether you wished to accept that risk. But the selection committee is not choosing a role model for the kids or someone to ride the express elevator to heaven; it seeks a person who will excel at a particular job. I do not believe that this sort of sexual misconduct correlates with an inability to be a good judge. [. . .]
Some private conduct does bespeak an inability to do a job. A would-be jurist who belonged to the Klan or even one who regularly used racist slurs would not inspire confidence in his or her ability to dispense equal justice to all. You should come forward with relevant information like that. But being unscrupulous in bed does not presage being inept on the bench, and so you should keep this demoralizing episode to yourself. And your doctor.
So, then Peter Lattman over at the WSJ Law Blog ran a post on Cohen’s column and all hell broke loose in the comment section to Lattman’s post. A few choice ones:
“Who cares! Sue the condom maker!”
“Great question! I am posing it to my Professional Responsibility students immediately. Thanks for the help.”
“Leave it up to bunch of lawyers to discuss medicine. Totally absurd. The law profession is essentially an STD of society, recurring pain and not curable. As far as I am concerned, this is medically inaccurate and you all deserve the real disease.”
And you thought your profession is stressful?
This earlier post about budding British tenor Paul Potts generated quite a bit of interest, particularly the difficulties that the humble Potts has had in overcoming a lack of confidence to perform on stage. This link from that earlier post discusses how common such insecurity is among opera singers, and this International Herald Tribune article reports that even established opera stars struggle mightily with the manifestations of insecurity:
[Opera] insiders agree that heightened competition, unyielding sponsor demands and the weight of stardom are leading to excesses that invite comparisons of opera to sports tarnished by doping scandals.
Some attempts to stay on top are relatively harmless, like popping a beta blocker to soothe the butterflies before stepping on stage. But others are more alarming.
Singers often overuse steroids in the form of cortisone to control inflamed vocal cords ó sometimes in amounts that can permanently impair their abilities, say performers and their doctors. Others drink too much. Still others snort cocaine, according to insiders.
Inability to cope sometimes turns into tragedy ó as in the case of American tenor Jerry Hadley, who killed himself last month after what friends said was a prolonged bout of depression and reported financial and drinking problems. [. . .]
To deal with the pressures, “soloists are taking beta blockers to control their angst, some tenors take cortisone to push their voice high, and alcohol is everywhere,” [Tenor Endrik Wottrich] said. “The real pressure is no longer good old stage fright but comes from a new dimension that has penetrated opera ó it now lives from glamour, and normal human mistakes are a disruption in such an environment.” [. . .]
In the past 50 years, stages have grown in size, orchestral instruments accompanying singers have become stronger and opera seasons have lengthened. Adding to the pressure, singers get paid by the performance ó no money for no shows.
Good singers are now in demand all year round, globe-trotting from one hemisphere to another. And even those who avoid long-distance travel often have little time between the late spring end of the subscription season, the start of rehearsals for summer festivals, and tours promoting their own recordings. [. . .]
Still, physicians who treat singers urge them to resist the temptation to perform at any cost. Some, they say, overdose without knowing it, as they travel from gig to gig in one city after the another without keeping track of cortisone treatments that ó if overdone ó can destroy a voice.
Read the entire article. Along the same lines, see “It wouldn’t by Opera without an outrage.”
The NCAA sinks to a new low
As regular readers of this blog know, I maintain that the NCAA’s administration of big-time intercollegiate athletics has outlived its usefulness for a long while. On the heels of a shooting incident in Houston over this past weekend that killed one of the area’s most promising high school football players, the NCAA once again proved that it has taken over-regulation to new heights of absurdity:
Just hours after Oklahoma football recruit Herman Mitchell was shot to death Friday in Houston, Adam Fineberg started raising money for Mitchell’s family.
But after raising $4,500, enough to cover almost half the cost of Mitchell’s funeral, Fineberg stopped. An OU compliance officer told him his actions would constitute an NCAA rules violation against the Sooners.
Now, Mitchell’s mother likely will never receive that money.
That money is considered illegal financial assistance under NCAA rules because Mitchell’s brother is a sophomore fullback at Westfield High School in Spring, Texas, and because Fineberg is an OU fan who attends Sooner football games and solicited donations through an OU fan Web site. [. . .]
OU spokesman Kenny Mossman said the an official with the university’s compliance office contacted Fineberg on Monday asking to him halt his fundraising efforts until the OU received a rules interpretation from the NCAA. That interpretation came Tuesday.
“This is not a permissible expense for OU or someone who could be construed as an OU supporter,î said Mossman, an associate athletic director for communications. “We’re not trying to be the bad guys, but we have to play by their rules.î
OU could apply for a waiver that would allow Fineberg to resume his fundraising and allow the Mitchell’s family to receive the money, an NCAA official said late Tuesday.
“We would consider that if the university chose to go down that avenue,î NCAA spokesman Erik Christianson said.
All heart, those NCAA folks, eh?
Update: After a public outcry, the NCAA comes to its senses.
The Great Embarrassment of the 2007 season?
I am not as sure as most that Drayton McLane made the right move in firing General Manager Tim Purpura the other day. However, there is no doubt that Baseball Prospectus’ Joe Sheehan thinks that McLane screwed the pooch in canning Purpura. In this article ($) entitled “Tim Purpura Gets Screwed,” Sheehan lays into McLane’s management of the Stros:
Firing Purpura, as McLane did yesterday, is an act of incompetence. Not only was it Purpuraís workóhe ran the Astrosí player-development operations for seven years prior to becoming GMóthat built the pennant winner, but with the expensive problems he inherited and the meddling of McLane, it was impossible for him to move the Astros in the direction they needed to go. He was essentially a caretaker, needing to preside over a rebuilding process and never being allowed to do so, and heís now out of a job largely because his employer has returned to being completely irrational about what his team is.
Purpuraís performance as a GM was a mixed bag. He made his share of missteps, such as the [Jason Jennings] trade and the Woody Williams contract. However, he showed a terrific ability for making the smaller moves that add value at very little cost. In three seasons, Purpura made something-for-nothing pickups such as Mike Lamb, Aubrey Huff, and Mark Loretta. The player-development program he built continues to generate contributors such as Luke Scott, Wandy Rodriguez (check out his peripherals this year), Chad Qualls, and Troy Patton. If left to his own devices, I have no doubt that Purpura would have limited the Astrosí rebuilding process to a few short seasons, and come out on the other side with a team prepared for a long run of success.
Instead, heís out of a job. Tim Purpura isnít to blame for the Astrosí disappointing 2007 season, and that heís being fired for it is ridiculous. Drayton McLane set these events in motion by abandoning what had worked for close to a decadeóstaying out of the baseball staffís wayóand instead making his own bad decisions about what the Astros needed. McLane wanted a year-long coronation of Craig Biggio, and he got it. He couldnít have that and a contending baseball team, however, and his refusal to see thatóand his subsequent dismissal of Purpura and Phil Garner as scapegoats for his own mistakesóranks as one of the gameís great embarrassments of 2007.
Tim Purpura was one of the gameís top GM candidates when he landed the Astrosí job, and standing on the unemployment line today, he regains that description. If heís out of work for longer than a couple of days, the industry is making a terrible mistake. Purpura is a better GM than a dozen guys who hold that title at the moment, and I sincerely hope he gets an opportunity to do the job correctly, an opportunity that was denied him in Houston.
U.S. District Judge Sam Kent takes a leave
This Mary Floor/Harvey Rice-Chronicle article (related blog post here) reports tha U.S. District Judge Sam Kent of Galveston is taking a four month leave from his bench. Judge Kent, who runs a tight ship, was recently in the news as the judge in the lawsuit that Houston based Landry’s Restaurants, Inc filed and then settled with the holders of most of its bond debt. Interestingly, one of Landry’s attorneys in that case reportedly has advocated forum shopping for certain of his cases in the past. The Chronicle article clearly suggests that Judge Kent’s leave is not voluntary, but there is no suggestion that the leave has anything to do with the Landry’s case or any other case, for that matter. Such a leave is a bit unusual, though, so stay tuned.
Viewing the Tiger Chasm
I don’t think that PGA Tour officials had the following in mind when they devised the new season-ending series of tournaments called the Fed Ex Cup:
Before the FedEx Cup can run with the big guns at the NFL and major league baseball, it’s going to first have to crawl better than Little Leaguers.
On both Saturday and Sunday, the Woods-free Barclays on CBS was beaten by the Little League World Series on ABC. The World Series final Sunday between Georgia and Japan drew a 3.5 overnight rating, while the golf got a 2.1. On Saturday, both the International (1.8) and U.S. (2.2) finals bested The Barclays (1.7).
The Barclays did fare better than a tournament of few stars the week before, the Wyndham Championship. The Wyndham drew a 1.0 on Saturday and 1.3 on Sunday.
Drayton cleans house

Stros owner Drayton McLane finally pulled the plug and fired General Manager Tim Purpura and Manager Phil Garner on Monday as the Stros continue their spiral downward into last place in the National League Central. Although the timing of the firings was somewhat surprising, the fact that McLane let Purpura and Garner go was not.
The decision to fire Garner was actually the easier decision. As noted several times earlier, Garner is not a particularly good manager, although he is far from the worst that the Stros have had (for example, Jimy Williams). Inasmuch as a new general manager will likely want to hire his own manager and Garner is nothing special in that role, letting him go at the same time as firing the GM is a logical move.
Curiously, the tougher decision was on whether to let Purpura go. Although the Stros are enduring their worst season since 2000, this is only the second season over the past 16 in which the club will finish with a losing record. In fact, Purpura has been a key part of a management team for the past 14 years that helped construct the most successful era in the club’s history. He was a part of the player development division of Stros management that produced such star players as Lance Berkman, Richard Hidalgo, Carlos Guillen and Freddy Garcia, and developed a starting pitching staff early this decade that looked at the time as the best young staff in MLB (Roy Oswalt, Carlos Hernandez, Wade Miller and Tim Redding). It certainly wasn’t Purpura’s fault that that potentially fine staff was undermined by injury (Hernandez and Miller) and stunted progress (Redding).
Moreover, Purpura’s GM tenure certainly started out with a bang. In his first season after replacing Gerry Hunsicker, the Stros improbably won their first National League pennant and went to their first World Series. But that World Series season masked a gradual decline in the Stros’ performance level that had been taking place since 2001, and the results of that decline started to appear the following season — the Stros had to finish fast just to eke out a winning record (82-80). Similarly, the 2007 club has deteriorated further as it has struggled all season behind one of the worst performances by a pitching staff in Stros history.
Thus, to a certain extent, Purpura is bearing the fallout from a trend that began long before he replaced Hunsicker as GM. Along those same lines, Purpura probably had nothing to do with the club’s decision to indulge Craig Biggio’s quest for 3,000 hits, an indulgence that has negatively affected the development of younger players such as Chris Burke and Jason Lane (see here and here).
But that’s not to suggest McLane didn’t have any reasons to cut Purpura loose. It appears that Purpura bungled the due diligence on the Jason Jennings trade, and the Woody Williams deal has turned out badly. After giving up the club’s top two picks in this season’s draft in the Williams and Carlos Lee deals, Purpura failed to sign the Stros two top choices (third and fourth round draft choices), further depleting a farm system that has been in decline since 1997. Finally, with this season’s club going nowhere, Purpura was unable to swing a meaningful trade before this season’s trading deadline, which further cemented the perception locally that he was in over his head in the GM’s post.
Despite all this, Purpura leaves the Stros in decent, if not pristine, shape. Yes, the farm system is a mess as far as position players go, but there still are a decent number of pitching prospects who have the potential to contribute to the major league club. Moreover, Purpura locked up stars Oswalt, Berkman and Lee to long-term contracts that, with the possible exception of Lee’s, are well-under current market conditions. Purpura also resisted the temptation to dedicate enormous resources to re-sign fading superstars Andy Pettitte and Roger Clemens, so the club’s payroll is positioned for a new GM to bid for a couple of free agent pitchers this winter to shore up the pitching staff. The free agent pitchers available after this season are not particularly talented, but at least Purpura leaves the Stros with the financial flexibility to get involved in the market if they so choose.
So, who will McLane hire as the new GM? I don’t have a clue, but my sense is that it will be someone with a strong background in player evaluation and development. McLane realizes by now that the Stros’ current decline is the inevitable result of poor draft choices during the period from 1997-2002. Moreover, the lack of class “A” prospects in the current farm system does not bode well for the selections made in the 2003-2006 drafts, although it is still a big early to evaluate those drafts completely. The Stros franchise has increased in value considerably during the Biggio-Bagwell era and its GM job is now among the more attractive in MLB, but the club is unlikely ever to be the type of franchise that will be able to compete year in and year out with the big-market clubs for free agent talent.
Thus, the lifeblood of the Stros is their farm system, and my bet is that McLane will hire a baseball executive who has the background and expertise to turnaround the erosion in player evaluation and development that has led to this year’s bad season. With a nucleus of Berkman, Oswalt, Lee and Pence, the good news is that it’s not going to take a major overhaul to make the Stros competitive again for the National League Central title.