text:
Timothy J. Pierce & Sally E. Anderson
Wisconsin LawyerVol. 83, No. 2, February 2010
Every lawyer makes mistakes, some serious and some not. Most of the mistakes lawyers make in representing clients are minor in the sense that they are unlikely to adversely affect the client's case and normally do not require extraordinary action on the part of the lawyer. However, when a lawyer does make a serious error, there are certain steps the lawyer must take, such as informing the client and evaluating whether the lawyer may continue to represent the client. This article discusses a lawyer's obligations under Wisconsin's Rules of Professional Conduct for Attorneys (the "Rules") found in Supreme Court Rule (SCR) Chapter 20 and offers some practical suggestions on how to handle difficult situations.Ethical Duties
Pursuant to SCR 20:1.4, all lawyers have duties to keep clients reasonably informed about the status of their matters and to explain matters to the extent reasonably necessary to permit clients to make informed decisions about their matters. When a lawyer commits an error giving rise to a possible malpractice claim, the client must make important decisions as to whether to pursue the possible claim against the lawyer, immediately or at a later date, and whether to continue the representation, and the lawyer must provide the client with information sufficient to ensure that the client is reasonably informed about these matters. Rule 1.4 has been consistently interpreted by courts in Wisconsin and in other states as requiring lawyers to inform clients whenever the lawyer makes a serious error in the course of the representation.1 Likewise, ethics opinions from Wisconsin and other jurisdictions similarly hold that lawyers must inform their clients of serious errors.2
Another source for this duty is SCR 20:1.7, which states that a lawyer has a conflict of interest if there is a significant risk that the lawyer's personal interests may materially limit the representation of a client. As discussed below, the commission of a serious error normally gives rise to such a conflict and any continued representation requires the client's informed consent. SCR 20:1.4(a)(1) requires the lawyer to promptly inform the client of any circumstance requiring the lawyer's informed consent and thus a lawyer facing such a conflict must promptly explain the situation to the client.
It is thus beyond dispute that a lawyer has an affirmative duty to inform the client when the lawyer has made a serious error.
As discussed above, lawyers have an unequivocal duty to inform clients of serious errors. In analyzing how a lawyer is to fulfill this duty, the first task is to attempt to define what is meant by the term serious error. There is no definition of this term in the Rules, nor in Wisconsin case law, but this concept has been addressed briefly in ethics opinions. In Wisconsin Ethics Opinion E-82-12, the State Bar's Committee on Professional Ethics opined that a lawyer has an obligation to inform a client of an omission that may give rise to a malpractice action. Other states have taken a closer look at the issue.
In Ethics Opinion 113 (2005), the Colorado State Bar's ethics committee addressed the issue at length:
"The more difficult determination is whether a particular error triggers an ethical duty to disclose it to the client. This determination is important because an over-broad interpretation of the ethical duty to disclose may needlessly undermine the trust and confidence essential to a healthy attorney-client relationship. Also, the ethical duty to disclose should remain primarily a basis for a lawyer's self-assessment, not another arrow in the quiver of tactics employed in legal malpractice cases. Whether a particular error gives rise to an ethical duty to disclose depends on whether a disinterested lawyer would conclude that the error will likely result in prejudice to the client's right or claim and that the lawyer therefore has an ethical responsibility to disclose the error. The failure to disclose an error does not (and should not), in and of itself, give rise to a cause of action against the lawyer, nor does it (or should it) create a presumption that a legal duty has been breached.
"Professional errors exist along a spectrum. At one end are errors that, as stated above, will likely prejudice a client's right or claim. Examples of these kinds of errors are the loss of a claim for failure to file it within a statutory limitations period or a failure to serve a notice of claim within a statutory time period. The lawyer must promptly inform the client of an error of this kind, if a disinterested lawyer would conclude there was an ethical duty to do so, because the client must decide whether to appeal the dismissal of the claim or pursue a legal malpractice action. Another example is the loss of a right of appeal for failure to file a timely notice of appeal. However, as discussed more fully below, the lawyer should be given an opportunity to remedy the error before disclosing it to the client.
"At the other end of the spectrum are errors and possible errors that may never cause harm to the client, either because any resulting harm is not reasonably foreseeable, there is no prejudice to a client's right or claim, or the lawyer takes corrective measures that are reasonably likely to avoid any such prejudice. For example, missing a nonjurisdictional deadline, a potentially fruitful area of discovery, or a theory of liability or defense may constitute grounds for loss of sleep, but not an ethical duty to disclose to the client. As one commentator remarked regarding similar circumstances, 'Unless there are steps that can be taken now to avoid the possibility of future harm, there is probably no immediate duty to disclose the mere possibility of lawyer error or omission.' Lawyers should be given the opportunity to remedy any error before disclosing the error to the client. The later assertion of a legal malpractice claim does not mean that the allegedly negligent lawyer breached a duty to disclose the error to the client and the failure to disclose the error should not be construed as an independent claim against the lawyer. Whether a lawyer has an ethical duty to disclose depends on the facts and circumstances known to the lawyer once he or she has realized the error, not those that appear only through the prism of hindsight.
"In between these two ends of the spectrum are innumerable errors that do not fall neatly into either end of the spectrum and must be analyzed on a case-by-case basis. For example, it is ordinarily not necessary to disclose questions of professional judgment where the law was unsettled on an issue or the attorney 'made a tactical decision from among equally viable alternatives.' Under the doctrine of 'judgmental immunity,' these types of decisions are not, as a matter of law, considered errors, below the applicable standard of care, or negligent conduct. However, when reasonable lawyers may disagree about whether the state of the law was unsettled or the available alternatives were equally viable, the lawyer should err on the side of discussing the available alternatives with the client before pursuing a course of action. The lawyer's choice between equally viable alternatives should not be considered an error as defined in this opinion. Examples of potential errors that may give rise to an ethical duty to disclose include the failure to request a jury in a pleading (or pay the jury fee), the failure to include an acceleration provision in a promissory note, and the failure to give timely notice under a contract or statute. The Committee agrees with the New York State Bar Association that 'whether an attorney has an obligation to disclose a mistake to a client will depend on the nature of the lawyer's possible error or omission, whether it is possible to correct it in the pending proceeding, the extent of the harm resulting from the possible error or omission, and the likelihood that the lawyer's conduct would be deemed unreasonable and therefore give rise to a colorable malpractice claim.'" (Footnotes omitted.)
The Restatement (Third) of the Law Governing Lawyers, §20, comment c., takes the position that a lawyer has an obligation to inform the client if the lawyer's conduct gives the client a "substantial malpractice claim" against the lawyer.
Timothy J. Pierce, U.W. 1992, is State Bar of Wisconsin ethics counsel, Madison, and can be contacted at firstname.lastname@example.com.
Sally E. Anderson, Marquette 1979, is vice president – claims at Wisconsin Lawyers Mutual Insurance Co., Madison, and can be reached at email@example.com.
All the above referenced sources agree that the lawyer's duty to inform the client of the lawyer's mistake arises whenever that mistake may give rise to a colorable malpractice claim against the lawyer. One of the elements of any malpractice action is proof of damages, and from this it is clear that the lawyer's duty arises whenever the lawyer's mistake poses a serious risk of damaging the client's matter. Put another way, the lawyer must report an error whenever that error poses a serious risk of imposing a quantifiable loss on the client. Such a quantifiable loss may consist of loss of a legal right, loss of money, loss of a claim, or another measurable loss.
It is evident from the discussion above that defining exactly what errors require reporting to clients is not always an easy task. What is most important, however, is to remember that the reason a lawyer must inform a client of a serious error is that SCR 20:1.4(b) requires lawyers to provide clients with enough information to permit the client to make informed decisions about the matter. Thus, in considering whether an error must be reported to a client, the lawyer should look at the situation from the perspective of the client and consider whether the client would reasonably consider the information important in making decisions about the matter and in deciding whether to continue the lawyer-client relationship. In making such a decision, the lawyer should bear in mind that courts and disciplinary agencies will almost certainly err on the side of finding a duty to disclose in close calls.
In considering what to tell the client about the error, the lawyer should bear in mind the lawyer's obligation under SCR 20:1.4(b) to explain the matter to the extent reasonably necessary to permit the client to make informed decisions about the matter. The lawyer therefore should inform the client of the nature of the error and the reasonably foreseeable consequences of the error for the client's case or matter and that the client may wish to consult with independent counsel about any possible legal consequences for the error.
There is some disagreement as to whether the lawyer is required to explicitly disclose to the client that a malpractice claim may lie against the lawyer. For example, Wisconsin Ethics Opinion E-82-12 (1982) and New York Ethics Opinion 734 (2000) take the position that the lawyer must disclose the existence of such a claim, while Colorado Ethics Opinion 113 (2005) takes the position that a lawyer need not explicitly inform the client that a malpractice claim may exist. The Rules themselves are silent on this issue, and there is no answer in Wisconsin case law. Given the clear duty on the part of lawyers to inform clients of serious errors and their consequences, it is recommended that a lawyer inform the client, at the least, that sometimes errors can give rise to claims against lawyers, and that the client must seek legal advice from other counsel as to whether that client may have any viable claims against the lawyer. Whether the word "malpractice" is actually uttered by the lawyer is not necessarily determinative of whether the lawyer has fulfilled her duties under SCR 20:1.4, but the Rule does seem to require making the client aware that the client may have some legal options against the lawyer.
The lawyer need not, and should not, confess liability to the client – the lawyer should remember that this communication could well be presented as evidence in a subsequent malpractice action. While lawyers have an obligation to inform the client of the error, the lawyer has no obligation under the Rules to admit liability. The lawyer should also refrain from offering advice with respect to the viability or advisability of pursuing any potential malpractice claim. To render such an opinion would present a clear conflict for the lawyer because of the lawyer's clear self-interest.3
Further, if the client brings up the possibility of filing a grievance against the lawyer, the lawyer should again express no opinion on the propriety of doing so. All lawyers do, however, have a duty, pursuant to SCR 21:1.15(3), to refer members of the public wishing to file a grievance to the Office of Lawyer Regulation (OLR), so the lawyer should refer a client who expresses a desire to file a grievance to the OLR.
There is obviously no ethical duty to inform one's malpractice carrier of a serious error, but almost every malpractice policy carries a clause requiring prompt notification to the carrier of any event that may give rise to a claim. Failure to abide by such a clause can, and sometimes does, result in denial of coverage.
If time and circumstances permit, a lawyer may be wise to speak with his or her malpractice carrier before informing the client or taking other action with respect to the error. Carriers may be in a position to offer helpful guidance to the lawyer in minimizing the consequences of any serious error. The lawyer's primary duty, however, is to the client and when time is important, the lawyer should not delay informing the client for any reason.
Once a lawyer has discovered that she has made a serious error in a client's matter, the lawyer must determine whether the lawyer would face a conflict of interest in continuing to represent the client and, if so, whether that conflict is waivable. Pursuant to SCR 20:1.7(a)(2), a lawyer has a conflict of interest if there is a significant risk that the lawyer's representation of the client would be materially limited by, among other things, the lawyer's own interests.
On first considering the issue, it would seem that the interests of the lawyer and client in such a situation would be wholly consistent. Both the lawyer and the client have a strong interest in minimizing the consequences of the error and in achieving a favorable result in the underlying case, and thus there seemingly is no conflict. It has, in fact, been reasonably argued that no lawyer is more motivated to achieve an outstanding result for the client than the one who will likely face the serious consequences of her own error if she fails to do so.4
Further consideration, however, reveals many ways (some subtle, some not so subtle) in which the lawyer's interests can be at odds with the client's. One commentator5 describes some of the possibilities:
"Once the lawyer's conduct has given rise to a substantial malpractice claim by his client, his personal interests are adverse to his client's. At first blush, no conflict is apparent since both the lawyer and the client have an interest in obtaining a favorable outcome. But closer inspection reveals that the lawyer's interest is not necessarily aligned with the client's. The lawyer might want to settle the litigation quickly in order to try and hide his mistake or minimize the damages available to the client in a subsequent malpractice case. Even more likely, the lawyer might want to litigate the case to the end to vindicate his (or his law firm's) original advice while the client's interest is best served by reaching the quickest and least expensive resolution of the litigation. Because of his tunnel vision, the attorney is not in a position to realistically evaluate the claim asserted against the client or to give independent legal advice that is in the best interest of the client. Rather, the conflicted lawyer becomes fixated on vindicating his or his firm's own position instead of acting in the best interests of the client. Indeed, one of the comments to this rule makes this clear: 'If the probity of a lawyer's own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client detached advice.'" (Footnotes omitted.)
While it is possible in unusual circumstances that such a situation might not present a conflict of interest, a lawyer who commits a serious error should normally view continued representation of the client as posing a conflict. The lawyer and the lawyer's firm clearly have a significant interest in self-protection at that point and it is only in unusual circumstances that the lawyer could reasonably conclude that such self-interest would not affect the representation. In considering such conflicts, it is important to remember that all such conflicts are imputed to every lawyer in the firm and that this imputation cannot be defeated by screening.6
Faced with such a conflict, the question then becomes whether the conflict is waivable. For such a conflict to be waivable, the lawyer must, pursuant to SCR 20:1.7(b)(1), be able to reasonably conclude that the lawyer can provide competent and diligent representation notwithstanding the conflict. In New York State Ethics Opinion 635 (1992), the New York State Bar Association opined, "Even with full disclosure, client consent would be ineffective to cure the conflict if, for example, the lawyer had been personally involved in the acts of malpractice while associated with his former firm, or if the lawyer had been a partner in the firm at the time the acts were committed." This view, however, is not universal, and there is no law in Wisconsin declaring all such conflicts unwaivable.
Colorado Ethics Opinion 113 (2005) discussed continued representation under such circumstances:
"Whether or not continued representation is permissible, either because there is no potential conflict or the potential conflict is waivable, depends on the nature of the error. In many if not most circumstances, the interest of the attorney in avoiding liability will be consistent with the interest of the client in a successful representation. Withdrawal is typically not required if the error likely can be corrected during the course of the representation; the error is not likely to result in harm to the client's cause; the error does not prejudice the client's right or claim, or the error does not necessarily constitute an error at all. As one court stated:
'Many errors by a lawyer may involve a low risk of harm to the client or low risk of ultimate liability for the lawyer, thereby vitiating the danger that the lawyer's own interests will endanger his or her exercise of professional judgment on behalf of the client. Even if the risk of some harm to the client is high, the actual effect of that harm may be minimal, or, if an error does occur, it may be remedied with little or no harm to the client. In those circumstances, it is possible for a lawyer to continue to exercise his or her professional judgment on behalf of the client without placing the quality of representation at risk. In re Knappenberger, 90 P.3d 614 (Ore. 2004).'" (Footnotes omitted.)
In matters involving the gravest errors that either extinguish or severely damage the client's claim, continued representation will either be pointless or unreasonable. However, in cases where the damage is not as severe or immediate, continued representation is often possible with the client's informed consent. In such situations, the lawyer who committed the error may often be in the best position to ameliorate its consequences and the client may reasonably not wish to bear the expense of transitioning to new counsel. If the lawyer reasonably believes that the conflict is waivable, and the client wishes to continue the representation, the lawyer must obtain the client's signature on a written conflict waiver that meets the informed consent standard. SCR 20:1.0(f) defines informed consent as follows:
"'Informed consent' denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct."
The Comment, paragraph [6], to SCR 20:1.0(f) states, in part, as follows:
"[6] … The lawyer must make reasonable efforts to ensure that the client or other person possesses information reasonably adequate to make an informed decision. Ordinarily, this will require communication that includes a disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to inform the client or other person of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client's or other person's options and alternatives. In some circumstances it may be appropriate for a lawyer to advise a client or other person to seek the advice of other counsel…."
Based on the above discussed sources, it can be said that informed consent has three essential elements:
1) Explanation of facts and circumstances. In the context of a conflict waiver, this would involve, at a minimum, an explanation of what the conflict is and why it's a conflict. If the conflict arises from a lawyer's serious error in the representation of the client, this would normally involve an explanation of the error, its reasonably foreseeable consequences, and the fact that the lawyer and the lawyer's firm now have an interest in self-protection that will not necessarily align with the client's interests, such as when the client may wish to preserve a malpractice claim against the lawyer, who wishes to settle the underlying case to minimize the lawyer's own damages.
2) An explanation of the material risks and disadvantages of agreeing to the proposed course of conduct. This is perhaps the most important aspect of informed consent and the most difficult for lawyers. It means that the lawyer must explain in plain language the downside to the client of agreeing to the waiver, or, as described by one court, the lawyer must describe the nature of the conflict in such detail so that the affected clients can understand why it may be desirable to withhold that consent.7 Put another way, the lawyer should point out the risks to the client that the lawyer would point out if the lawyer had been retained specifically for that purpose.8 It is understandably uncomfortable for the lawyer seeking the waiver of a conflict to tell the person why it might be a bad idea to give the very consent the lawyer is seeking. Nonetheless, the Rules require it.
Any explanation of material risks and disadvantages to the client is necessarily dependent on specific facts and circumstances. When the conflict arises from the lawyer's own serious error, this will normally require an explanation of any way in which the consequences of the specific error may affect the lawyer's representation of the client and the more general ways (some of which are discussed above in this section) in which a lawyer's own self-interest may affect the representation. The risk that is present in all such situations is that, because the lawyer's independent professional judgment is now compromised by the lawyer's self-interest, the lawyer's advice to the client with respect to important matters such as whether to settle or proceed to trial, may well be affected by that self-interest.
3) An explanation of available options and alternatives. This final element of obtaining informed consent in the context of a conflict waiver is normally fairly straightforward. In the case of a conflict arising from the lawyer's own error, it typically would involve explaining that the client has a right to conflict-free representation and may refuse consent to the conflict waiver and seek out unconflicted counsel, thus ending the representation, and that the client has the right to confer with other counsel with respect to the waiver.
Finally, the question of whether the lawyer can continue the representation is not the same as whether the lawyer should. A lawyer may reasonably view a conflict as waivable and reasonably believe that continuing the representation may benefit the client, yet the lawyer-client relationship may be so damaged and the client's distrust of the lawyer so strong (or vice versa) that it may be unwise to continue the relationship. Other factors, such as a large balance of unpaid fees, may factor into this equation. If the lawyer-client relationship is terminated, irrespective of the reason, the lawyer must be mindful of the lawyer's responsibilities under SCR 20:1.16 (Declining or Terminating Representation), such as prompt surrender of the file to the client.
Notwithstanding the existence of any conflict of interest, a lawyer who commits a serious error should not hesitate to take prompt remedial action if necessary to protect the client's interests and if there is no time to consult with the client. If time is not of the essence, however, the lawyer must first address the likely conflict of interest. This is the case in most instances, and normally the lawyer should not act without consulting with the client. Therefore, in the wake of a serious error by the lawyer, the lawyer must assess the situation and determine whether immediate action is required to protect the client's interests. If not, the lawyer should first fulfill the lawyer's responsibilities to inform the client and address any conflict of interest.
SCR 20:1.8(h) provides as follows:
(h) A lawyer shall not:
(1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement; or
(2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith; or
(3) make an agreement limiting the client's right to report the lawyer's conduct to disciplinary authorities.
Thus, the Rules do allow a lawyer to settle a potential malpractice claim with an unrepresented client or former client, provided that the lawyer first advises the client that the client should seek independent legal advice and provides the client a reasonable opportunity to do so. What the lawyer may never do, under any circumstances, however, is to seek to gain the client's agreement not to file a grievance against the lawyer.
Lawyers in Wisconsin have no duty to self-report possible misconduct to the OLR, so there is no need to self-report serious errors to the disciplinary authorities. The only self-reporting duties in Wisconsin are with respect to criminal convictions, which pursuant to SCR 21:15(5) must be reported to the OLR within five days, and public discipline in another jurisdiction, which pursuant to SCR 22.22(1) must be reported to the OLR within 20 days of the date of the disciplinary order.
Dealing with your legal malpractice insurer adds some different concerns to the ethics considerations summarized above. Your carrier recognizes your duties to your client. Those come first. But for you and your insurer, the issue of a "serious" or "substantial" error doesn't matter much.
The crux of the decision to contact your carrier about circumstances percolating with a client is relatively simple: Do you want coverage if this matter ever becomes a claim? The question isn't even whether this is a claim for which your client will recover damages. Defending a claim, even a frivolous claim, is expensive and takes time. You have your insurance because, as a professional, you want to be sure that an error you make doesn't cost your client. You also have it to pay your defense costs should an ill-founded claim be made against you. It's important to understand how this plays out in your interaction with your insurer.
Mistakes are made in every law office, even yours. Many of these errors will never be discovered. For instance, the mortgage recorded in the wrong county is no problem unless the debtor fails to pay in a timely fashion. If all payments are made as scheduled, it is highly unlikely anyone will discover there was ever a problem. Problems also can arise during representations that make you question whether actions you took were the right ones to best advance your client's interests.
Ask your carrier how it views your calls to discuss potential issues. Your carrier should have someone knowledgeable available to discuss these matters and such discussions should have no impact on premium or insurability. Instead, the insurer should provide the lawyer a safe place to explore the potential problem and any ramifications and should trigger coverage under the appropriate policy so that coverage is protected if the matter becomes a claim.
Lawyers' professional liability policies (LPL) are claims-made policies, not occurrence policies. Renewals do not relate back to the initial coverage date; instead, each year is a separate term and policy. This is especially important to understand because of the reporting requirements under the policy.
An LPL policy provides coverage when two things happen during the current policy period.
Thus, if you learn of a potential claim, but wait to give notice until you receive an official written demand or a pleading naming you as a defendant, you may have waited beyond the policy period and jeopardized your coverage. It is possible to have an LPL insurance policy during each year of your practice but to forfeit your coverage because you reported a matter too late – that is, you reported it during a different policy period than the period for the policy that was in effect when you first learned of the claim or potential claim. While simply having a policy in effect when the error occurred would be enough if the policy were an occurrence policy, the two rules above must be followed for there to be coverage under your claims-made LPL policy.
Report claims and potential claims. The claim part is easy: If someone makes a demand for money or serves a complaint because you made an error or the client thinks you made an error, a claim has been made and you should provide written notice to your carrier. But there are other instances when a claim is possible but hasn't yet been made. Policies may refer to this as a "potential claim," a "claim incident," or a "pre-claim incident," but the concept is that there has been a circumstance, act, error, or omission in rendering professional services that could become the basis of a claim. Most policies impose an objective standard on these facts: that is, the circumstance, act, error, or omission is one that a reasonably prudent lawyer would expect to become the basis of a claim. If you want coverage for something that could grow out of those circumstances, report the matter under the policy in effect when you learn of the problem. If you have to wonder about whether it is appropriate to call your carrier, it is time to make the call.
While the ethics rules may provide some leeway for an attorney to attempt to rectify a problem, your legal malpractice insurance policy may provide you less latitude. In any event, you want your insurance company on board with what you'd like to do, and you want to be sure that the appropriate policy is triggered if the repair doesn't work. It doesn't matter that you think you can fix the problem. Report it. Then, if the fix doesn't work, you know you triggered your policy. It doesn't matter if the client says, "Don't worry, I'll never make a claim against you, my friend." Report the matter. Clients (even friends) change their minds. It doesn't matter if you think the client is just wrong and the client's case would never be successful. Report it.
At the time of reporting, one of the things your carrier should provide is perspective. When you are at risk, your perspective may get a little blurred. Many lawyers insist (at least initially) that they share a common goal with the client, now a potential legal malpractice claimant. Since there is this unity of interest, why not continue the representation? Both the lawyer and the client want the dismissed case re-opened, so why shouldn't the lawyer who was a day late filing the brief in court make the motion for reconsideration? Or better still, you think the court was simply wrong and an appeal will certainly take care of the problem. While it might be appropriate in some cases for the lawyer to continue with the repair effort (after appropriate disclosure and with the client's written consent), any lawyer who puts himself into this position must understand that the trust so important to the attorney-client relationship will have been dealt a huge blow, and maybe an irreparable blow, when the client learns of the problem. The circumstances will look different (and most often less united) as the matter progresses. Any lawyer continuing with a repair situation must accept the fact that her work will be second-guessed at every turn. Also consider that if you attempt a repair without first disclosing the problem to the client, it suddenly looks to the client as if you have engaged in a cover-up. While many clients understand that lawyers are human and things can go wrong, a client who thinks a lawyer is trying to cover up a mistake is likely to pursue a matter with renewed vigor. Most important is that what looked like a united front at the start soon unravels if things don't go perfectly from that moment on. The unfortunate fact is that this world seldom provides perfection.
There is no difference between what the ethics rules say and what a carrier is likely to advise about what to tell the client. The carrier may weigh in on how to tell the client. The best rule is the following: For a serious problem (and after you have talked about this with the insurer), make arrangements to meet with the client face-to-face. Explain the problem directly: "I believe a three-year statute of limitation applied to your case. I diaried your file incorrectly in our office so that the three-year period expired last month. I am very sorry this happened." Apologize. Tell the client he or she should consult with another lawyer about the matter, because it is possible there may still be remedies available (albeit perhaps against you), and offer to cooperate in the file transfer. Then, write a letter to the client confirming that discussion, outlining the problem, your apology, your advice that your client consult another lawyer about the matter, and your promise to transition the file. Unless the mistake is so clear that there is no question about your error causing the client's damage, your discussion should probably not say you have "committed malpractice."
Here is a guarantee: You will feel vastly better about the problem as soon as you have made this disclosure to your client. You also may have established a very clear date to start the statute of limitation running. After that, it is up to the client.
If you, your carrier, and your client all believe this is one of those cases in which you are the best situated to continue the representation, the waiver of conflict to allow that continuation must be obtained in writing after full disclosures have been made to the client.
Organize your file and review it carefully. Keep it intact. Keep a copy when you are given the authority to turn it over to new counsel. Tell your carrier what you find or recall that might make the situation more difficult or perhaps better to deal with. Don't wait to find notes that exonerate you after substantial negotiation has taken place in your claim.
Don't freeze, fall on your sword, or ignore the matter and hope it will go away. Sleeping, drinking, and procrastination make this process harder and worse.
Maintain your professionalism. You may need to talk about feelings of anger against that miserable, calculating, demanding, unscrupulous, unappreciative client. It's best not to vent to the client, your staff, or the world at large. The Wisconsin Lawyers Assistance Program (WisLAP), available at (800) 543-2625, and your claims adjuster are appropriate places for you to vent those feelings.
As one lawyer said, having a legal malpractice claim made against you is the quickest way to increase your blood pressure and lower your IQ. But there is a big positive in all of this. Working through a serious claim should make you a better lawyer. It also should make you more responsive to the feelings your clients experience when dealing with their legal matters. Having a claim is a learning experience. Hopefully, the tuition will be reasonable.
1See Disciplinary Proceedings against Broadnax, 208 Wis. 2d 120, 159 N.W.2d 595 (1997); In re Higginson, 664 N.E.2d 732 (Ind. 1996).
2See Wisconsin Ethics Op. E-82-12 (1982); Colorado Ethics Op. 113 (2005); New York Ethics Op. 734 (2000); New York City Ethics Op. 1995-2 (1995).
3It is also appropriate to view the client as an unrepresented person with interests adverse to the lawyer with respect to any potential claim against the lawyer. In such circumstances, SCR 20:4.3 prohibits the lawyer from giving any advice about the possible claim other than to seek the advice of other counsel.
4See D. Karpman, A Twilight Zone of Inharmonic Convergence, Calif. B.J. 20 (February 2004).
5See Benjamin P. Cooper, The Lawyer's Duty to Inform His Own Client of His Own Malpractice, 61 Baylor L. Rev. 174 (Winter 2009).
6See SCR 20:1.10.
7Florida Ins. Guaranty Ass'n v. Carey Canada Inc., 749 F. Supp. 255 (S.D. Fla. 1990).
8Lawyers must be careful to avoid stepping over the line and rendering legal advice to former clients or prospective clients from whom the lawyer is seeking a conflict waiver. SCR 20:4.3 forbids a lawyer from giving legal advice to an unrepresented person whose interests are in conflict with the interests of the lawyer's client.
Wisconsin Lawyer


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The New York Knicks are hoping All-Star and leading scorer Carmelo Anthony can return from a two-game absence when the Utah Jazz invade Madison Square Garden Saturday night.
Sidelined with a balky right knee, Anthony is still day-to-day, according to coach Mike Woodson, who said his star player is on a game-to-game basis. Anthony has been getting treatment on the knee, which he injured in Monday's close win at Cleveland. He then missed a win at Detroit, then sat out Thursday's 95-94 home loss to the Oklahoma City Thunder.
"He's still day-to-day. I'll know a little more tomorrow morning," Woodson said after the loss to OKC. "He had treatment throughout the game. We'll see how he feels tomorrow."
Woodson did not rule Anthony out versus the Jazz. Anthony, who is questionable on the team's game notes, is second in the NBA with 28.2 ppg and the Knicks could have used his services against the mighty Thunder. OKC claimed the victory on free throws by superstar Kevin Durant, while reserve J.R. Smith missed a 3-pointer and a fadeaway jump shot down the stretch for New York, which had won two straight and five of six.
"I tried to get to my spot where I really wanted to get to," Smith said of the final shot. "My jumper was pretty much good all night except for the fourth quarter and it just didn't go in."
Smith had 36 points and both Felton and Amare Stoudemire finished with 16. The Knicks were outscored 20-13 in the fourth quarter and shot 40.7 percent for the game. The also made just 10-of-31 3-pointers (32.3 percent).
The Atlantic Division-leading Knicks, who are 21-10 at MSG and third in the Eastern Conference standings, have lost two in a row at home and are in the thick of seven straight games against teams from the West. New York will head to the west coast after Saturday's game for a five-game junket against the Warriors, Nuggets, Blazers, Clippers and Jazz.
Utah probably can't wait to get back to Salt Lake City, but first it will close out a four-game road trip (0-3) Saturday in New York.
The Jazz are coming off Friday's tough 89-88 loss at Chicago as Marco Belinelli nailed the go-ahead 3-pointer in the final seconds to lift the Bulls. Gordon Hayward missed on Utah's final shot and Al Jefferson returned after missing three games with a sprained ankle to score 23 points.
"We're playing hard; that's all we can ask for. Things just aren't bouncing our way," Jefferson said.
Marvin Williams had 14 points and 10 rebounds for Utah, which has dropped three straight and six of seven games. The Jazz are also winless in four road games in a row and own a 10-22 mark as the visitor.
After visiting the Knicks, Utah will host Detroit on Monday.
The Jazz lost the only meeting with New York a season ago, a 99-88 setback on Feb. 6 in Gotham. Anthony left that game with an injury and then-guard Jeremy Lin led the way with 28 points. Utah has lost seven of its last eight trips to Madison Square Garden.

subset: commoncrawl


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text: Robert G. Brown wrote: > On Thu, 10 Jul 2008, Lyle Bickley wrote: > >> On Thursday 10 July 2008, Robert G. Brown wrote: >> --snip-- >>> Aye, laddy, 'twas a PDP 1 with sense switches on the front that one did >>> indeed toggle in the paper tape boot program (to get it to where it >>> could read from other media), a green oscilloscope-style CRT for a >>> monitor (complete with crosshatches IIRC), a real teletype console, and >>> the ability to run simple fortran programs that did beam optic >>> computations and displayed a simple visualization of same. The PDP >>> itself was quite large, and I was told that it "had a few bad bits..." >>> but that they usually didn't affect the outcome of a computation. >> >> I'm on the PDP-1 and IBM 1620 Restoration Teams at the Computer >> History Museum >> (see: http://www.computerhistory.org/pdp-1/). So if the PDP-1 was your >> first >> computer (and one NEVER forgets their first computer) you can see it in >> action (running Spacewar!, Minskytron, Music, etc.) at the CHM! >> >> In fact, if your visiting Silicon Valley, I'll give you a private tour! > > Cool! I think TUNL finally got rid of theirs -- always a shame, > somehow, when a magnificent thing like that dies. > >> Funny combination - setting up Beowulf clusters and restoring vintage >> computers. There must be a lesson here :-) > > Vintage clusters? Only if running something earlier than WINE 0.3 -- Gerry Creager -- gerry.creager at tamu.edu Texas Mesonet -- AATLT, Texas A&M University Cell: 979.229.5301 Office: 979.862.3982 FAX: 979.862.3983 Office: 1700 Research Parkway Ste 160, TAMU, College Station, TX 77843


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The Importance of Budbreak
The soil temperature and varietal type both have an impact. Vines grown in warmer soils will begin to bud earlier than those grown in cooler soils. The degree to which the soil type retains heat is also very important. Cooler soils, especially clay, will delay budbreak, while rockier, warmer soils will accelerate it. The type of varietal also has an impact on when budbreak will occur.
If budbreak occurs too early, the young shoots may be vulnerable to frost damage during spring. However, if budbreak occurs too late, the grapes may not have enough time to fully ripen. The grower will also be in the uncomfortable position of deciding to let the grapes hang during the fall. Frost and rain may damage the crop at the end of the growing season.
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DC's Legends of Tomorrow 2×17 Sneak Peek #2 "Aruba" Season 2 Episode 17 Sneak Peek #2
DC's Legends of Tomorrow 2×17 "Aruba" Season 2 Episode 17 Sneak Peek #2 – SEASON FINALE — As the Legends are about to take off for their next destination, a massive timequake rocks the ship. In order to try and fix what has happened, they are forced to break the one cardinal rule of time travel. But if they are able to destroy the spear, they will face the ultimate consequence. Victor Garber, Brandon Routh, Arthur Darvill, Caity Lotz, Dominic Purcell, Franz Drameh, Nick Zano and Maisie Richardson-Sellers. Rob Seidenglanz directed the episode written by Phil Klemmer & Marc Guggenheim (#217). Original airdate 4/4/2017.


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I was really excited about all of the responses to my blog post last week, which was about New Orleanians being cold to outsiders. I received lots of comments, tweets, emails and even a nice voicemail. You all seemed passionate about the topic. There were those of you who agreed with me that New Orleanians can be less-than-friendly to new residents, but there were also those of you who thought New Orleans is very friendly to out-of-towners.
But despite all of the differing opinions, I noticed a theme in the general response. Here's how one commenter put it:
… if YOU embrace New Orleans, she (and all her native inhabitants) will embrace you and never let you go! But, you have to accept her, with all her eccentricities and failings. If you do that, you will be appreciated by one and all.
"If YOU embrace New Orleans, she will embrace you." That was the echoing thought I learned while reading all of your comments and it's an idea I've heard a few times since moving here. The concept seems like an easy piece of advice, but fully embracing a new place can be hard, especially a place as unique as New Orleans.
With all the fun things to do in New Orleans, all the food to eat and all the shows to see, you would think New Orleans would be an easy place to love. And usually I do love it and I love the people that live here. But then there are those times when I have a bad day in New Orleans, like when I get lost looking for a new doctor's office or when I miss snow around Christmas, and I instantly feel the culture shock and homesickness that comes with moving to a new city. It is then when I feel like a true outsider.
On those days I feel the culture shock of New Orleans, I have a fear of not being accepted, and I think that was the root of my blog post last week. To be fair to New Orleans, the fear of not being accepted can happen to anyone after moving to any city, and that's a lesson I learned way back in fifth grade.
It was in fifth grade when my parents told my brother and me that we were leaving Massachusetts to move to Missouri. Being the New England snob that I was, I was skeptical about life in the Midwest and I was so upset that I had to leave my friends. I even found a book called The Year My Parents Ruined My Life and I read it on the plane to Missouri. I thought the world was ending.
But a few months after moving to the Midwest, I was fine. There were some days I felt lonely and I missed my New England friends and family, but I soon found new soccer teams, new pizza places and new pals. There were the days my family had to deal with Midwest culture shock – like that first tornado warning… not fun – but all of those experiences made for good stories that we still tell today.
Now as a new Louisiana resident, I sometimes find myself missing Missouri, the state my fifth-grade self thought I would hate for the rest of my life. Even though I'm now a twenty-something, sometimes I have the same feelings I did in fifth grade, when I felt left out and I missed home, but I knew deep down I was fine. I know I'm beginning to feel like less of an outsider in New Orleans because I've started to feel at home here. I've found new doctors, new bars and new friends. I have a place to get my haircut, a favorite dry cleaner and favorite routes to take for a run. There has still been plenty of culture shock – Hurricane Isaac, the bumpy roads of Lakeview, the cockroaches… – but the experiences have all turned into stories I can tell my family and friends in Missouri and New England.
So I just wanted to thank you guys for the nice internet pep talks last week and for the advice about embracing New Orleans, both the good and the bad, in order to feel at home in this city. I will always miss the cities and states I've called home in the past, but as long as New Orleans is happy to have me, I'm happy to be here. I hope other New Orleans newcomers are happy to be here, too.


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You've heard about pairing food and beer. How about beer paired with authentic Florida experiences? Join us as we explore the state through the flavors of Florida's craft beer culture.
By Bonnie Gross
Sure, folks in the Fort Lauderdale area drank beer. And beer certainly fueled its famous Spring Break.
But as the rest of the nation fell in love with interesting, original craft beers, if you loved beer, South Florida was not the best place to be.
Until, that is, when the Funky Buddha Brewery opened its production brewery and taproom in Oakland Park, a community next to Fort Lauderdale.
Now, beer geeks from around the country are making pilgrimages to the Funky Buddha to taste beers unlike anything they've had: "No Crusts," which has all the flavors of a peanut butter and jelly sandwich; "Last Snow," with touches of chocolate and coconut, and the beer that put Funky Buddha on the beer map: "Maple Bacon Coffee Porter."
The Funky Buddha Brewery is attracting a large and diverse crowd to its new location – families on weekend afternoons, baby boomers in the early evening, tattooed hipsters later at night and beer geeks from open to close, according to its Brand Director John Linn.
The taproom, located in a former Sears warehouse, has a bright, industrial loft feel with high ceilings and a wall of windows. The shiny brewery tanks are visible from the taproom and tours are given Saturdays and Sundays. (Tours are $5 and include generous beer samples and take-home Funky Buddha pint glasses.) An area is set up as a game room with bocce and giant Jenga games. No food is served at the taproom, but there's a food truck out front every night.
The Funky Buddha in Oakland Park started brewing in 2013. Before that, founder Ryan Sentz brewed beer at home and operated the Funky Buddha lounge, a craft beer and hookah bar in Boca Raton for several years. (Sentz continues to operate it.)
A few months after Sentz began brewing at the Boca Raton bar, he created Maple Bacon Coffee Porter and bottled a small batch. (Funky Buddha does not now bottle any of its beers; they're available only on tap, right now in about 70 bars and restaurants only in South Florida.)
Maple Bacon Coffee Porter has "the sweetness of syrup, the smokiness of bacon, the roasted quality of coffee," Linn said.
Beer lovers went crazy. Bottles were traded all over the nation, even internationally, and obscure little Funky Buddha suddenly had the No. 1 porter in the world on the prestigious Beer Advocate website, Linn said.
Maple Bacon Coffee Porter got Funky Buddha invited to the top beer festivals and brewmaster Ryan Sentz and his brother K.C. Sentz realized this was it: The perfect time to "do something bigger," Linn said.
Two years later, the Sentz brothers opened the Funky Buddha Brewery. On opening day, the brewery drew a slightly overwhelming 3,000 visitors. "We're lucky it rained," K.C. Sentz jokes. Since then, business has surpassed expectations.
About half the people who take the weekend brewery tours are from outside the area, according to tour guide Sean Curran, whose day job is teaching English at nearby Fort Lauderdale High School.
During the tour, visitors sample four varieties of beer and touch and smell beer ingredients – three kinds of barley, two kinds of hops – while learning about the brewing process.
The tour introduces visitors to what makes the Funky Buddha funky – how the used barley, once it has imparted all its flavor and sugar to the beer, is given to a local dairy farmer who feeds it to his cows; how the FDA requires every fermentation tank to be labeled with an identifying name, so Funky Buddha tanks are named after the founder's "children, dead dogs and grandparents;" how Funky Buddha beer is all about the ingredients, so that when a Raspberry Berliner was brewed recently, it required 600 pounds of fresh raspberries.
The Funky Buddha takes pride in being a little bit different, and its customers are drinking it up.
A visitor from Washington D.C., craft-beer fan Matt Starr, visited the brewery this summer after reading about Maple Bacon Coffee Porter on the Beer Advocate site.
"Everyone wanted it and there wasn't much to go around, so that sends the hype through the roof and everyone starts talking about it," Starr said.
He didn't visit Fort Lauderdale just because of Funky Buddha, but "it certainly added one more reason to go. It definitely made me more excited about going because you can't get their beer outside of their area."
He liked his brewery visit : "There was a good amount of seating but it didn't have a warehouse-y feel to it. Everyone was very friendly and they had a great bocce court." Above all else, the beers were good.
"Everything else can be good, but if the beer isn't good, it's going to fall short," Starr said.
While you can't buy bottles of the beer, visitors to the brewery can buy growlers – refillable glass beer bottles – and take the beer home. That's particularly popular because the most talked about beers are not available all the time; they are produced in a limited quantity as a special release.
Fans follow the brewery on Facebook to learn when new beers are being released. One fellow is such an active follower of Funky Buddha's activities that he wrote online: "If Funky Buddha Brewery was a woman, I am sure I would be slapped with a restraining order for stalking."
Since the brewery opened, one of the most popular limited releases was a new beer – Blood Orange IPA. Brand Director Linn said the brewery blew through that beer in eight days, a record time.
But a new record will probably be made: the new Funky Buddha brewery plans to release its first fresh batch of Maple Bacon Coffee Porter in its new location.
The line may already be forming.
When you go...
Funky Buddha Brewery
1201 NE 38th St, Oakland Park, FL 33334
(954) 440-0046
Hours: Noon to midnight daily


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Jupiter's Belts and Zones
The striped cloud bands on Jupiter are certainly not as straight as they appear to be in this picture!
The picture shows that the striped pattern is divided into belts and zones. The belts and zones of Jupiter are labeled in the picture.
In a belt, the winds flow in one direction. In a zone, the winds blow in the opposite direction. The cloud tops are higher in a belt, and lower in a zone.
Within these belts and zones, the winds blow 225 miles/hour! That makes a pretty rough environment.
(Earth has a similar but much smaller pattern of belts and zones.)


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My Day With Jack
By Kevin Landolt
Doug and Chris had attempted the line earlier that season and climbed to within a pitch of the summit plateau. It was dark and storming hard as they traversed the final rock wall guarding the top and a fairly straightforward descent down a gully to the North. They could hear the wind raging like a freight train above them, and despite their desperate search for a possible exit (a crack, a corner, a chimney, anything!) their headlamps revealed nothing but smooth granite staring back at them. Without bivy equipment or a stove, they had to keep moving to avoid freezing, and unable to find the fabled crack that lead to the top, they had to begin rapping immediately. Doug would leave a good chunk of his rack on that wall during eleven seventy meter rappels to the snowfields below, where exhausted, wet and cold, they found a bivy cave and passed the few remaining hours until sunrise snuggling and doing sit-ups to stay warm.
So, Sheridan invited me to join him for another go at Taylor's Central Buttress. Doug and I are training in his small garage, which is packed full of free weights, climbing gear, and a small forty five degree systems board.
Oh yeah?
Yep, and Jack Roberts is apparently coming along as well.
Have you ever met Jack?
I've never met either of them.
They're both good guys. Sheridan is climbing super strong and is always psyched, and Jack… well Jack is Jack Roberts for Christ sake. Not only has he been crushing it for decades, he's just one of the nicest guys you'll meet.
Yeah, that's what I hear.
The route is big though… probably bigger than anything else in the Park. Get an early start.
It's dark, it's cold, it's windy. It's the usual RMNP winter alpine-start requiring a high-commitment exit from your vehicle at the always gusty Glacier Gorge Trail Head - where cars rock back and forth in the gale and red eyed climbers crank everything from Slayer to Wu Tang to The Be Good Tanyas and gulp down last minute mouthfuls of strong coffee, knowing fully well they'll probably have to shit within the first quarter mile or so of hiking... We walk through the forest following the snow-shoe highway towards the Loch. At first we chitchat, and I feel awkward around these two men who are so much older, more experienced, and more accomplished than I.As the miles go buy we separate by bits of personal space, our heads down, our lungs burning, our minds all thinking separate thoughts – each of us is in our own world. Mine is a dream world as I walk across the frozen lake, my headlamp illuminating air pockets and hairline cracks - the ice varying shades of blue. I'm terrified of not performing today, of not climbing well, of not keeping up, I fear they will not like me.
It isn't long before Chris and I are far ahead, past the Loch, slogging up towards Timberline Falls below Lake of Glass and Sky Pond. We stop for water and some food and watch the sky come to light, the shapes of walls and pillars emerge from the darkness. Chris tells me about Jack's feet – the bane of his existence and the result of a lifetime wearing mountain-boots and climbing shoes, of enduring frostbite, immersion foot, countless hours spent kicking steps and front-pointing in hard ice. I remembered reading a story told by Dougald McDonald about Jack having to cut slots in his already roomy climbing shoes to relieve the pain while climbing a new route on Devil's Thumb in the Indian Peaks Wilderness. Jack still managed to lead the route's runout 5.10 crux pitch in style. Chris tells me how Jack placed pads between his toes and rapped his feet in cloth that morning on the drive up. Damn – I think, but at the same time I'm worried. It's nearly light and we have a ways to go before we reach the base of our route.
There's a sense of dread floating around in my head. Maybe it's just all the talk of epics and suffering on Taylors Central Buttress, talk of difficult mixed climbing, deadly runouts and dangerous snow-covered slabs. Maybe it's the fact that I'm climbing with two people I've never met before this day. Maybe I'm still nervous about performing well and leaving a good impression on these two climbers who's accomplishments I so respect. I slog on towards Sky Pond, the Cathedral Spires rising on my right, Vanquished Buttress and Powell Peak to my left, the Central Buttress of Taylor rising before me, growing bigger and bigger and more scary. These mountains are nothing to Jack and Chris, who have climbed the world over, and who's accomplishments have graced the pages of history and influenced the lives of so many of their peers, but to me this mountain is massive, the face a daunting pile of choss covered in unconsolidated snow.
We rested again at a boulder beneath the final snowfield leading up to the face. Jack is a small dot below, slowing but surely gaining ground. Chris and I stash our gear and snowshoes beneath the boulder, rack up for the climb, and then proceed towards the cliff, sloggingupwards through knee deep snow. Jack will be here by the time you lead the first pitch, says Chris. Apparently I'm leading the first pitch. After nearly falling into a moat guarding the base of the wall, I carefully dry-tooled up a steep rock step to reach a ramp of snow leading up and right towards the Central Buttress.The snow of course was barely consolidated and resting on a granite slab – terrifying stuff. I groveled up the steep snow, digging for rock edges to hook and searching vainly for protection.I've never before or after climbed such steep powder snow and the thought of it peeling off in a cohesive slab made me tense. About half a ropelength up the ramp I found a hairline crack and pounded in a knifeblade as far as it would go, (about an inch), promptly tied it off and continued upward. A large chockstone loomed above me. I had an eerie feeling as I gently moved up the impossibly steep powder snow. Occasionally I would find footholds on the granite slabs to my sides and I stuck my tools sideways into the snow as deep as I could to gain purchase. At last I reached the chockstone, beneath which lay a small cave. I practically dove for it's safety as the snow disintegrated around me. It wasn't a difficult pitch, it was tedious, and it was very dangerous. I found little protection for a belay, just one decent spectre driven into a clump of frozen turf and a number three Camelot slotted deep in a flaring, iced over crack, but the cave its self seemed a good natural stance to belay from, so I began to bring Jack (who had arrived at the base long before I finished my lead) and Chris up to the cave. Within minutes I heard a shout and felt one of the half ropes go tight – I looked in horror as the Spectre twisted in the turf and the cam expanded in the flare, holding, but obviously strained. The snow had finally peeled off the slab, taking Jack for a short ride, but he was fine.
I passed the rack to Chris and settled into my belay jacket. Jack was eating a cliffbar. I felt very glum. Jack's fall had proven real the danger I had sensed on the previous pitch, and it was already noon… the short days of December combined with the deep unconsolidated snow made the likelihood of reaching the notorious last pitch before dark seen unrealistic. I had class in the morning and knew my folks would be freaking out if I didn't call them from Estes before midnight (they're from New Jersey and just don't understand the idea of a forced bivouac, of waking up so early to go climbing, are skeptical when I tell them cell service in the Park is scarce, and just plane hate me climbing. Eventually my dad would buy me a Spot PLB and insist I carry it I were to continue living under his roof… needless to say I fucking hate that thing and don't use it anymore…) I kept my sense of futility to myself however, and Chris – who I was quickly learning is always psyched and never afraid to suffer a bit – set off up a difficult M6ish corner around the chockstone. I was impressed by his tenacity and grace as he quickly climbed the pitch, torqueing his picks in a thin crack and finding the tiniest edges for his front points. He protected the line with hard won RPs and knifeblades slotted into tiny seams along the way.
I took the opportunity to spend a few minutes talking to Jack, who seemed quiet and content, just happy to be out in the mountains climbing. We talked about mixed climbing in the mountains and how different it is from cragging at a place like Vail, or Ouray. Groveling up these alpine routes in the Park required a broad array of skill that made the pursuit more dynamic, more dangerous, and to some more rewarding. Open up any American climbing magazine and you're led to believe that alpine climbing is dead or never existed outside of Alaska, Canada, Europe, and the Himalaya. Ice climbing is alive and well, but you rarely find it here in the high peaks. Winter ice is all about frozen waterfalls and spring or aquifer fed drips. Ice in the alpine forms early in the Fall and late in the Spring and come from melt-freeze cycles and feeder slopes of snow. Winter climbing in RMNP is more akin to Scottish climbing (minus the 100% humidity) and mostly involves dry-tooling, turf sticks, and sketchy unconsolidated snow climbing. It involves long days, long approaches by foot or ski, a very active and dangerous snowpack, full on mountain weather (RMNP is often referred to as The Patagonia Training Center, and is widely regarded as one of the windiest places in the West) spindrift, and climbing traditional alpine rock routes, but with tools and crampons in place of sticky rubber and chalkbags. RMNP is the perfect venue for such an adventurous form of climbing – it's not really popular, nor is it likely to be, but it is my favorite form of climbing and RMNP is my favorite place. A couple years later, after many more fine climbs with the likes of Sheridan, Doug, and my friend Ryan – I would begin my cancer journey, and these guys with whom I had shared such fine adventures would remain my most encouraging, most supportive of friends. A true testament to the "brotherhood of the rope".
I don't know what Jack Roberts thought of me. I was keen to ask him questions about his routes in the Alps and Alaska Ranges, and about his life guiding. He was extremely modest about his accomplishments and honest about the difficulties facing a professional mountain guide. He seemed happy though, and I imagine he was an excellent guide, someone who wasn't afraid to share their passion for the mountains with others for fear of loosing some of their own.
The second pitch was indeed difficult, and the fifty feet or so of steep rock gave way to more steep and deep slogging. I think it was about noon when Jack and I finally reached Chris's belay. Above us lay about eight more pitches. I voted for bailing, considering the time and conditions, Chris was psyched to continue onward, or maybe traverse left to an easier route called Quicksilver, and Jack said he could go either way – although he did admit we might be in a "world of hurt" if we continued – which assured me I wasn't being unreasonable. We thought it over for a while but my sense of doom and the thought of spending another night rapping down wet icy ropes (I had recently endured a 24 hour epic day involving a lot of wet and cold rappels on McHenry's) won out. "Fuck it dude, let's go to Ed's Cantina". So we rapped off, conveniently using two of Doug and Chris's old bail anchors.
The second pitch was indeed difficult, and the fifty feet or so of steep rock gave way to more steep and deep slogging. I think it was about noon when Jack and I finally reached Chris's belay. Above us lay about eight more pitches. I voted for bailing, considering the time and conditions, Chris was psyched to continue onward, or maybe traverse left to an easier route called Quicksilver, and Jack said he could go either way – although he did admit we might be in a "world of hurt" if we continued – which assured me I wasn't being unreasonable. We thought it over for a while but my sense of doom and the thought of spending another night rapping down wet icy ropes (I had recently endured a 24 hour epic day involving a lot of wet and cold rappels on McHenry's) won out. "Fuck it dude, let's go to Ed's Cantina". So we rapped off, conveniently using two of Doug and Chris's old bail anchors.
We all walked out together at a slow casual pace, commenting often to one another at some beautiful sight – a bird, a thin line of ice running down the Petit Gully, the clouds building behind the Sharkstooth. We talked about women and climbing and Jack mentioned how difficult climbing and guiding can be on a relationship, and said "get out of it while you can, Kevin. Get out of it while you can!" A few minutes down the trail he turned to me and said "it's probably too late though, eh?" We laughed and Jack told Chris and I about Ecuador, where he would soon be guiding clients up volcanoes. He talked about how his wife Pam, had spent the day skiing by herself, and how fortunate he was to have a wife who loved the mountains and was understanding when it came to travelling. He said: "she's pretty good at taking care of herself". I asked him about all the routes in RMNP that he had climbed over the years and made a mental note to remember the ones he spoke most fondly of.When we stopped for water and food I was surprised to see him pull a large stainless steel thermos from his pack and pour himself some tea. I guess light is right, but weight can be great. Like all professional alpinists he seemed comfortable and at ease, quickly shedding a layer while his tea cooled, he echoed my earliest mentor Ed Crothers with the adage "sweating is for amateurs". His systems were so dialed he accomplished his tea-break and layer change in the time it took me to remove my pack and take a quick drink of water (after spending five minutes fumbling around in my pack looking for the bottle). At dinner in Estes, he spoke fondly about his early days wall climbing in Yosemite, his eyes glowing with countless memories of days and nights spent on walls, making the second ascents of The Shield, Zodiac, Tangerine Trip, Mescalito, and more. He said that wall climbing was great for his free climbing, that he'd spend a week on a wall hauling, jugging, hammering iron, and that he'd feel lighter and stronger when he was done. I practically blushed when he complimented me on my knifeblade placement earlier that morning - The best piton placement of the day, for sure.
After dinner we all shook hands and went our separate ways. I never saw Jack Roberts again, although Chris and I continued to climb together and had several excellent adventures that season as well as the following. His ambition, skill, and devotion to climbing in RMNP is rivaled by few. I am grateful for his friendship and the adventures we've shared. The day Jack, Chris, and I attempted the Central Buttress on Taylor Peak, a climber was killed in a fall on a route called "All Mixed Up" just one drainage over from us. Climbing in the mountains is a rewarding, worthwhile pursuit, but it is dangerous - brilliantly so – and that is why so many of us love it. The risks we take enrich our lives and remind us of our own fragility, our own mortality. I was in the hospital fighting for my life when I heard the news about Jack Robert's death. Looking back to that day in the Park I wish that I hadn't been the one who wanted to go down. I wish we had continued, I wish I could have had at least a few more hours with that man. While the climbing community mourned his loss, I felt his death (a fall taken while climbing Bridal Veil Falls) was a testament to an amazing lifetime spent climbing, a lifetime spent taking and accepting risk. In the cancer ward at Presbyterian St. Luke's Hospital where individuals even younger than I were dying everyday, Jack's death seemed right, like a good way to go. Some people mock the "he died doing what he loved" thing, but when it comes to Jack Roberts, he surely did and I'm glad I was fortunate enough to have met him.


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This week, up-and-coming designer Robert Geller launches Seconds, his new line of T-shirts which includes six unisex pieces along with four shrunken styles just for the ladies. We caught up with Geller to learn more.
We always see you in T-shirts. Was this a way of creating the perfect one?
I do love T-shirts. The challenge was to create the perfect shirt at a competitive price and I'm really happy with the result. A T-shirt is something that you live in so it has to fit well and make you look cool. It also has to feel amazing.
So how'd you do it?
We found this amazing Japanese cotton blend that had just the right weight. We put it through a three-stage enzyme wash to break it down into the soft worn-in feeling of a nice vintage T-shirt. We have special seaming around the shoulder and armhole areas that make them look really great.
Do you see the line growing to include other items?
It's just starting off as T-shirts, but I have plans for it to grow into larger collection, with maybe hoodies and sweats—almost like Robert Geller athletic wear for the street.
$85 to 149, by Robert Geller
What should I pack for my first business trip?
- Matt, OH
With nearly every airline imposing a baggage fee nowadays, if you can get away with flying with just a carry-on, do it.
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Luke Muehlhauser, over at Common Sense Atheism and I are creating a series of podcasts to describe Desirism (a.k.a. Desire Utilitarianism) from the ground up.
You can find a link to a podcast index and access to the podcasts at Morality in the Real World
Morality in the Real World is a series of dialogues about what kinds of moral value do and do not exist in the natural world, how we can examine these issues carefully, and how we can (really) make the world a better place.
This is actually the project that I wanted to do for a long time - to describe desirism from the ground up in detail. And - truth be told - is a project that I would have never been able to do without the significant efforts of somebody like Luke providing a level of quality control and discipline I have seemed to be lacking.


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Former Crime Boss Whitey Bulger's Longtime Girlfriend Faces More Charges
A lawyer for the longtime girlfriend of former crime boss James "Whitey" Bulger said Tuesday that he might ask that her trial be held in California if federal prosecutors bring additional charges against her for the time the couple spent living in Santa Monica.
Catherine Greig is charged in Boston with conspiracy to harbor and conceal a fugitive. Prosecutors say she helped Bulger elude authorities during the 16 years the couple spent together after fleeing Boston. They were captured in Santa Monica in June and have pleaded not guilty.
During a brief status conference in federal court Tuesday, Assistant U.S. Attorney Jack Pirozzolo said prosecutors plan to seek new charges against Greig. He said the issue of where the charges will be brought was still being discussed.
Afterward, Greig's lawyer, Kevin Reddington, said that if new charges were brought related to the couple's years in California, he would prefer to have Greig's trial in Los Angeles.
"I think it would be a good place to try the case out there," Reddington said. "The witnesses are all out there."
Reddington said that with new charges, a judge would likely combine the two cases and decide where the trial would be held.
The 60-year-old Greig didn't attend Tuesday's status hearing. Her Boston trial has been scheduled for May 7.
Pirozzolo said in court documents that prosecutors expect to resolve the venue issue within the next few weeks and prosecutors will seek the additional charges shortly after that.
The 82-year-old Bulger, the former leader of the notorious Winter Hill Gang, is charged in connection with 19 murders.


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Washington (CNN) -- P.J. Crowley abruptly resigned Sunday as State Department spokesman over controversial comments he made about the Bradley Manning case.
Sources close to the matter said the resignation, first reported by CNN, came under pressure from the White House, where officials were furious about his suggestion that the Obama administration is mistreating Manning, the Army private who is being held in solitary confinement in Quantico, Virginia, under suspicion that he leaked highly classified State Department cables to the website WikiLeaks.
Speaking to a small group at MIT last week, Crowley was asked about allegations that Manning is being tortured and kicked up a firestorm by answering that what is being done to Manning by Defense Department officials "is ridiculous and counterproductive and stupid."
Crowley did add that "nonetheless, Bradley Manning is in the right place" because of his alleged crimes, according to a blog post by BBC reporter Philippa Thomas, who was present at Crowley's talk.
"The unauthorized disclosure of classified information is a serious crime under U.S. law," Crowley said in a statement Sunday. "My recent comments regarding the conditions of the pre-trial detention of Private First Class Bradley Manning were intended to highlight the broader, even strategic impact of discreet actions undertaken by national security agencies every day and their impact on our global standing and leadership.
"The exercise of power in today's challenging times and relentless media environment must be prudent and consistent with our laws and values," Crowley said. "Given the impact of my remarks, for which I take full responsibility, I have submitted my resignation."
Crowley has told friends that he is deeply concerned that mistreatment of Manning could undermine the legitimate prosecution of the young private. Crowley has also made clear he has the Obama administration's best interests at heart because he thinks any mistreatment of Manning could be damaging around the world to President Obama, who has tried to end the perception that the United States tortures prisoners.
Nevertheless, Crowley's political fate was sealed Friday when Obama was asked at a White House news conference about his comments regarding Manning.
Obama revealed that he had asked Pentagon officials "whether or not the procedures that have been taken in terms of (Manning's) confinement are appropriate and are meeting our basic standards."
In a comment that drew howls of protest from liberals, Obama added that Pentagon officials "assure me that they are. I can't go into details about some of their concerns, but some of this has to do with Private Manning's safety as well."
Manning's treatment has become a flashpoint for liberals, with Amnesty International noting he has been confined to a windowless cell for 23 hours a day, is stripped down to his boxers at night and is not given pillows or blankets.
Manning's lawyer also says the young private recently had to sleep in the nude because defense officials thought there was a suicide threat and decided to take away his boxer shorts.
Crowley is highly respected on foreign policy matters, dating back to his time as National Security Council spokesman under then-President Bill Clinton. He has been the Obama administration's public face on many international stories as the daily briefer at the State Department for Secretary Hillary Clinton.
But he has not had a completely smooth relationship with officials in the Obama White House, and eyebrows were raised several months ago when White House aide Mike Hammer was sent over to the State Department to serve as Crowley's deputy.
A senior White House official stressed that Crowley's exit was in the works for months and said the MIT incident only "hastened that departure."
"Everybody likes P.J. This was more a situation where it wasn't the right fit," said the official, noting there were times when Crowley wasn't on the same page as Clinton, let alone the White House.
Hammer will replace Crowley as the assistant secretary for public affairs, Clinton said in a statement Sunday.
She said she accepted Crowley's resignation "with regret."
"P.J. has served our nation with distinction for more than three decades, in uniform and as a civilian," she said. "His service to country is motivated by a deep devotion to public policy and public diplomacy, and I wish him the very best."
A little-known factor in Crowley's comments about Manning was revealed Saturday by April Ryan, a White House correspondent for American Urban Radio who covered Crowley in the Clinton White House.
Ryan wrote on Twitter that Crowley "dislikes treatment of prisoners as his father was a Prisoner of War."
While it's true that Crowley's father was imprisoned during World War II, people close to him downplay that as a major factor in his comments about Manning, saying the biggest factor is simply that Crowley believes what he said.
In his statement, Crowley said he leaves with "great admiration and affection" for his colleagues and "deep respect for the journalists who report on foreign policy and global developments every day, in many cases under dangerous conditions and subject to serious threats. Their efforts help make governments more responsible, accountable and transparent."


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Celebrating a birthday? Getting the guys together for a bachelor party? Maybe you're looking to go out for dinner and drinks, but worried about driving home. Or maybe you're always the designated driver, and you'd like to be the life of the party for a change. Or perhaps you're visiting somewhere that you've never been, and just want a local city tour. Whatever your needs, we have a vehicle to suit them.
Go out on the town in style in one of our stretch limousines, each equipped with fiber-optic mood lighting, CD/DVD player, and a television screen, as well as glassware, fountain drinks, and ice to make your trip more refreshing. Or reserve a large 30-passenger party bus with optional dance pole and get your friends together for a party on wheels! For something more low-key, or if you just want to get somewhere and don't want to drive or take a taxi, we also offer private sedans and SUV's.
Wherever you need to go, whatever you need to do, and whomever you need to do it with, we will get you there comfortably, safely, and in style.


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Watch Harvie and the Magic Museum (2017) full episodes online free kisscartoon.
Synopsis: Harvie is a smart but a bit too lively boy with one ambition, to finish the last level of his computer game. Once in the Gamers Hall of Fame, his absent-minded father, would finally be proud of him. But finishing the game turns out to be only the start of a real adventure that takes Harvie, his dog Jerry, and his friend Monica deep into the forgotten realms of the city's old puppet museum.
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Possible Duplicate:
Technically, why is the out of focus area blurred more when using a bigger aperture?
I understand that a small aperture (large aperture number eg. F/22) means large depth of field. It is simple to undersand that small aperture size means, less light is allowed into the camera sensor. If less light is allowed how is the large depth of field is acheived?. I always believed that "Large" means you need more light, but in this case, if aperture is small, large depth of field is achieved. Could someone please help me understand this from form technical perspective.
I have seen many threads related to somewhat same question, but I don't think I have got much help, so I am posting this question
(I own a D90)


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The human flag is arguably the most visually impressive bodyweight feat of strength anyone's ever come up with. Any time someone does a human flag, it inevitably attracts attention. I've seen many a jaw drop after showing this move to someone for the first time. It's also the exercise that I get asked about more often than any other.
It takes considerable strength and lots of practice to do the human flag. You have to be incredibly strong, but you also must work specifically towards this skill.
The first time I attempted the human flag, I didn't come close to staying up for even a second, and I was nearly 30 years old and had been working out for most of my life. Being someone who likes a challenge, I decided to make it my mission to master this move. I've practiced flagging for years now, yet it remains an elusive and challenging task.
Detractors of the human flag will tell you it's just some kind of circus trick with no practical value beyond impressing 10 year-old kids and (hopefully) the occasional yummy mummy. But anyone who's actually spent some time training this feat knows first hand that it strengthens your body, your mind, and your character.
The human flag will not help you get huge – if it did, YouTube clips of 300-pound off-season bodybuilders suspended horizontally from stripper poles would be aplenty – but it will make you strong as hell; a different kind of strong.
Besides, there's some degree of skill to everything, even squatting and bench pressing. Powerlifting is a sport, right? Doesn't that imply some skill involvement?
Before you embark on the long, slow journey that is human flag training, keep in mind that like all bodyweight exercises, a high strength to mass ratio is crucial to performing a human flag.
If you've got a bodyfat percentage in the high teens or beyond, the likelihood of you being able to perform this move sits somewhere between slim and none. Bodyweight strength training levels the playing field between the little guys and the big boys.
When it comes to the flag, you're only as strong as you are lean, so you shouldn't be trying to gain weight if you want to nail this move. That said, you can definitely still build strength through human flag training.
The best way to practice the human flag is to use a sturdy vertical pole that's around an inch in diameter (thicker poles will pose more of a challenge). The top hand is typically positioned in an overhand grip while the bottom hand is supinated. Squeeze the pole tight and try to keep both arms as straight as possible.
While I consider the flag to be a full body exercise, the main muscles involved are the delts, lats, and obliques. You'll need a good foundation of strength from exercises like pull-ups and handstand push-ups (or barbell presses) to begin training the flag.
Your bottom arm is going to be pressing into the pole to support your outstretched body while your top arm will be pulling you up. However, both your lats and delts on both sides must engage to accomplish this.
The extreme stabilization required for this move demands synchronicity between antagonist muscle groups. Once your foundation is solid with pull-ups and presses, you can get stronger through building up to the full human flag by gradual progression.
The key is to practice similar positions where you'll have better leverage. Make sure to train both sides evenly.
Part of what makes the full human flag so challenging is that you're using a relatively short lever (your arm) to hold up a much longer object (your body). Since you can't make your arms any longer, you need to find ways to make your body shorter to make the flag more manageable.
Start by trying a variation with your body closer to being vertical than horizontal (with your feet high in the air), almost like a crooked handstand (handstands, by the way, are a great way to supplement your human flag training).
Besides being easier on your arms, this puts less stress on the obliques, lower back, and abdominal muscles, allowing you to get a feel for having your body up in the air while you build up the strength to fully extend your legs horizontally.
Once you can get the vertical flag, work towards lowering your hips down with your legs still up. From here you can progress to putting out one leg, and over time, both legs.
Practicing with your knees bent or your legs in a straddle position also works well as a pathway to achieving the full human flag. Remember, the closer your legs and torso are to the pole, the better your leverage will be.
Any modification that gives you better leverage is a good way to work towards this skill. The important thing is consistent practice. As a rule, work up to at least a ten-second hold on the easier variations before moving onto harder ones.
Once you can hold a full human flag for a few seconds, you can begin trying to get in position from the bottom up. Pressing into the flag is a much more difficult task than lowering from the vertical position. It's like the difference between stopping half way down on a negative one arm push-up, and pressing yourself to that position from the ground.
Check out the video below for a demo:
Odd Objects
Feel free to get creative with your flag training. Any stable surface that allows you to get a good grip with your arms far enough apart is fair game. I've flagged on sign posts, scaffolding, trees, trucks, parking meters, a mailbox, even your mom while you were busy playing Call of Duty (just kidding).
Different objects will pose their own unique challenges. Working out and strengthening your body is serious business, but it can still be a lot of fun!
Watch the video below to see my brother Danny and me flagging all over lower Manhattan.
So how long will it take to learn to do a human flag? While it's normal to ask this question, I suggest approaching the flag with modesty and patience - don't think about the end result. It's a long road to get to the human flag and those who go in expecting a quick fix will likely be disappointed.
It takes a lot of practice – even if you're already fit. However, if you focus on the process rather than the result, you'll find it a more rewarding experience.
That said, some people can get a brief hold after just a few weeks of training, others can take much, much longer to get off the ground for even a second. It's different for everyone, but I know this much for sure: if you put in the work, eventually your time will come.
Good luck and happy flagging!


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Sponsors of Mental Health Bills Look for Way Forward
The decision to tie mental health legislation to the Senate gun package that was pulled from the floor last month has left supporters of those provisions in limbo.
Without a firm timeline in place for returning to the gun measure, senators who have introduced mental health proposals have to decide how long they'll wait before attempting to move their bills forward separately. And for some, the end of that waiting period is approaching.
"We think it's a very important part, with or without a full package," said Alaska Democratic Sen. Mark Begich, referring to legislation he has introduced on mental health first-aid training (S 153). "So we're giving it a little breathing room, but then we're going to move forward."
Like gun control and school safety, mental health received renewed attention after the December elementary school shooting in Newtown, Conn. President Barack Obama included mental health provisions in his plan to reduce gun violence, and lawmakers on both sides of the Capitol have honed in on the issue with bipartisan support.
Begich's bill, for example, was one of several measures that was incorporated into mental health legislation (S 689) approved by the Senate Health, Education, Labor and Pensions Committee last month, which won inclusion in the gun package (S 649) by a vote of 95-2.
But Senate leaders on mental health do not see the gun measure as the only path forward for their priorities, particularly now that the chamber has turned away from the package.
Begich said he's going to start asking to move his legislation forward in some format, emphasizing the bill's support across the political spectrum. He doesn't think any senators would object to the measure, but he says they will need to test that over the next few weeks.
Sen. Lamar Alexander of Tennessee, the top Republican on the HELP Committee, is also eager to advance the larger package that he co-sponsored with Chairman Tom Harkin. An aide said Alexander would like to see it "move forward as quickly as possible because it will help parents, teachers, communities, and individuals with mental illness find better treatment and improve awareness to ensure people get the care they need."
"There's no reason to wait for another piece of legislation to move it forward," the aide added.
Harkin spokeswoman Allison Preiss said the Iowa Democrat "will continue to work with Senate leadership to advance this important proposal."
Other senators, such as Minnesota Democrat Al Franken, may be looking for measures on the horizon that could serve as vehicles to get their provisions into law. Franken spokeswoman Alexandra F. Fetissoff said he is working with Harkin and others to include mental health provisions in a reauthorization of the Elementary and Secondary Education Act, expected to be marked up in June.
Franken has introduced a bill (S 195) designed to increase access to mental health services in schools, concepts of which were included in the HELP measure.
But some still expect the Senate to return to the gun package at some point, as promised by Majority Leader Harry Reid, and see round two as another path forward.
Michigan Democratic Sen. Debbie Stabenow, who introduced legislation that was not incorporated into the HELP measure, noted that her proposal was expected to be the next amendment up when the Senate stopped debating the gun package. Co-sponsored by Missouri Republican Sen. Roy Blunt, her bill (S 264) is designed to boost access to comprehensive community mental health services.
"We are committed to moving this forward regardless — gun debate, no debate," Stabenow said in a recent TV interview. "But the truth of the matter is, in the context of the gun debate the one thing that everybody has said is that we need to increase community mental health services."
If the Senate is able to pass a comprehensive background check and community mental health services, she added, "we could say at the end of the day, okay, we have done something that is meaningful and will change lives."
Stabenow spokesman Cullen Schwarz said the bill "will be voted on as an amendment to gun safety legislation when it comes up again, and there is also broad support to pass the bill through other avenues if necessary."
House Efforts
Across the Capitol, House lawmakers are focused on gathering information about mental health issues through letters and hearings but have not advanced legislation.
Tim Murphy, chairman of the Energy and Commerce Subcommittee on Oversight and Investigations, chaired a forum and a hearing related to mental health this year and has scheduled another hearing for Wednesday focused on the Substance Abuse and Mental Health Services Administration. While the Pennsylvania Republican praised the Senate for working on mental health, he has expressed skepticism about the legislation advanced by the HELP Committee.
Rep. Grace F. Napolitano, who co-chairs the Congressional Mental Health Caucus with Murphy, has been promoting a number of events in honor of Mental Health Awareness Month.
Napolitano spokesman Jerry O'Donnell pointed to a mental health first-aid training event she co-hosted for lawmakers and staff. He also said the California Democrat has been working on collecting cosponsors for her mental health bill (HR 628), which is the House companion to Franken's school measure.
"We've been working on increasing awareness of the importance of mental health legislation so when legislation moves from the Senate, we're ready," O'Donnell said.


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LOS ANGELES (thefutoncritic.com) -- The latest development news, culled from recent wire reports:
Looking to keep track of all the various projects in development? Click here to visit our signature "Devwatch" section. There visitors can view our listings by network, genre, studio and even development stage (ordered to pilot, cast-contingent, script, etc.). It's updated every day!
Commitment: Script Cast: TBA Writer: Alexa Junge Director: TBA Executive Producers: Alexa Junge, Jennifer Lopez (Nuyorican Productions), Simon Fields (Nuyorican Productions) Studio: Sony Pictures Television
Commitment: Ordered to pilot Cast: Joel McHale (Roy), Richard Ayoade (Moss), Jessica St. Clair (Jen) Writers: David Guarascio, Joe Port, Joe Wiseman, Moses Port Director: TBA Executive Producers: David Guarascio, Joe Port, Joe Wiseman, Moses Port Consultant: Graham Lineman Studio: FremantleMedia North America, NBC Universal Television Studio
Commitment: Ordered to pilot Cast: TBA Writers: John Morris, Sean Anders Director: TBA Executive Producers: Eric Gold (Werner-Gold-Miller), Jimmy Miller (Werner-Gold-Miller), Tom Werner (Werner-Gold-Miller) Co-Executive Producers: John Morris, Sean Anders Studio: Warner Bros. Television
Commitment: Script Cast: TBA Writers: George R.R. Martin, D.B. Weiss, David Benioff Director: TBA Executive Producers: D.B. Weiss, David Benioff Co-Executive Producers: George R.R. Martin, Guymon Casady (Management 360), Vince Gerardis (Created By) Studio: TBA
Commitment: Ordered to pilot (7-10 minute presentation) Cast: TBA Writer: Damon Santostefano Director: Damon Santostefano Executive Producers: Damon Santostefano Studio: Fox 21
Sources: Variety, The Hollywood Reporter, Reuters


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The Matanuska-Susitna Borough has received a $2 million offer for an unused ferry that's racking up monthly maintenance costs, but the borough manager says the municipality needs a higher offer to cover a grant that must be repaid to the federal government.
The borough has turned down the $2 million offer for the ferry from Abu Dhabi Mar LLC, the Anchorage Daily News reported. The borough is on the hook for $6 million to the Federal Transit Administration if the $78 million catamaran Susitna is not used for municipal public transportation.
"I do not see that (the $2 million) being an acceptable offer," borough manager John Moosey said. "It might be acceptable if we did not have a $6 million liability with the FTA."
The rejection was a surprise to the company from Abu Dhabi, the capital of United Arab Emirates. The company wanted to use the ferry as a mobile service platform for patrol boats stationed on islands. The Abu Dhabi offer was the highest received.
Johan Valentijn, chief operating officer, said in correspondence to the borough that the company made the $2 million offer in response to a borough request and assurance in mid-August that "the vessel could be ours" for that amount. Later messages indicated frustration with a lack of direction from "confused" borough staff and an indecisive borough assembly.
"It is up to the Borough council to decide to either go forward with us," Valentijn wrote in a letter Sept. 23. The alternative, he continued, would be to have the ferry remain in "Alaska for the foreseeable future as a memory of bad communications."
The Susitna can carry up to 130 passengers and 20 cars. It was accepted to provide ferry service between Anchorage and Port MacKenzie. However, no landings have been built, and borough officials concluded that the vessel would be too expensive to operate. Mat-Su officials put the ferry up for sale last year.
They said they would consider giving the vessel to a government entity that could relieve them of the federal grant obligation.
The assembly in June indicated that it would part with the ferry even if it meant repaying the grant obligation. The ferry has been docked outside Ketchikan and has cost $1.3 million for crew fees and other expenses.
However, assembly members then authorized Moosey to find a way to store the ferry near the port for the winter.