Friday, August 17, 2007

Clara Barton Is Very Unhappy

I’ve spent most of my adult life negotiating and litigating disputes. The older I get, the less litigation make sense. Seldom does anyone “win.” For the most part, litigation seems the logical result of a dysfunctional society. “Oh yeah, take this. And I’ve got lots of money to pay lawyers to bury you.”

I’ve been a lawyer for twenty years. Over all those years, I’ve played the game of making a call, writing a letter and suing. Almost always before the trial starts, a settlement is reached.

But, it seems the ritual of the antagonistic call, threatening letter and escalating lawsuit is necessary to get people to sit down and talk. It’s how I make a living; but, it makes me a bit sad.

Did you know that Clara Barton started the American Red Cross? Did you know that her symbol for the organization, the now ubiquitous “red cross” was stolen by a lot of companies in the late Nineteenth Century? Did you know that Johnson & Johnson was one of those companies; but, that it worked a deal to share the symbol, it commercially and the Red Cross non-commercially?

They’ve fought ever since as you can read in
Johnson & Johnson Sues the American Red Cross in an online New Jersey paper.

J&J is pissed because the Red Cross is making about $2 million bucks a year licensing disaster preparedness kits with the cross logo on them versus the billions it is making selling band aids and drugs.

From what I can gather from the article neither has a trademark on the cross. We seem to have mega company pissing on mega charity, with mega charity pissing right back.

Boys and girls, come down to Atlanta. I don’t have room for more than one CEO and one lawyer from each of you; but, we’ll start the day having breakfast at the Pot ‘n Pan, a greasy spoon on Piedmont. You will be surrounded by blue collar and gay guys, a taste of getting along.

We’ll repair to the small conference room at the office. Upstairs in the building is always warm. It will stay that way so you aren’t comfortable and want to wrap things up and go to a better clime.

We’ll order in Varsity hot dogs, onion rings and peach fried pies so as to upset your gastro-intestinal tracts, further discomforting you and giving you an incentive to settle your differences.

Late afternoon will bring you a sugar rush with some Krispy Kremes. Heart attacks beckon if you don’t talk nice.

Stylishly late, we’ll go to the Colonnade on Cheshire Bridge if you haven’t solved your differences. You can mix with the little blue haired ladies, the flaming old gay guys, their young consorts and the Buppie influx till you learn that getting along is an acquired, but satisfying taste.

You still fighting? We’re on our way to the Grady Hospital emergency room so that you can look at the moaning and dying people you both purport to serve. You are going to stay there until you get over your stupidity and quit this foolishness.

My hourly rates are reasonable; and, other than Pot ‘n Pan and the Colonnade, I won’t be eating with you so my expenses will be minimal.

Ya'll come on down!

12 comments:

Becky C. said...

thanks dave, I know you appreciate that vid. I am sorry I have not been cruising around--- like real life has called--LOL.

I really do like it when you stop by and especially when you comment.

have a good weekend

~Becky

dr sardonicus said...

Man, I used to think that lawyering was hard work...

Jeni said...

Your outline there of how to handle their idiotic litigation sounds downright reasonable to me! Too darned bad more people don't follow by your logic. It sure could make for a kinder, gentler society overall and gee, might even change a lot of others opinions about lawyers too in the process. Hey - a win-win situation! How about that? And I came up with that without the normal huge amount of verbage too! I'm impressed, how about you?

SonjaB said...

Have you thought about using that approach with the Middle-East crisis, or other worldly issues? I think its a good approach.

fermicat said...

Based on my experience as a juror, I would say that a lot of stuff that makes it to trial is petty and stupid. I've served on three juries. One was a business dispute. I don't think we gave either side anything they wanted.

I like the way you have mixed in the local flavor with this post. Fine job! But what's wrong with eating at The Varsity? I suppose for those who didn't grow up with it, it is an acquired taste.

Posol'stvo the Medved said...

Man. I like this one. A lot.

Our society is definitely litigation crazy. Sometimes litigation is in order. But it doesn't seem to be in a lot of cases.

Glad to see you injecting a wee bit of common sense into the system.

Becky C. said...

Dave, did you notice at the very beginning of that video, for one split second, Knopfler and Clapton are not together, and Mark turns and smiles?

It is beautiful


tyl

~BEcky

Debo Blue said...

Wow Jeni, if he's not I'm very impressed with your comment length. But, let's hope this is just an anomaly and not an epiphany on future comments.

Dave, the article's funny. Thanks for teaching me something new.

Oh and dear one? Stop sending people after me. Are you suddenly mafioso?

Michelle | Bleeding Espresso said...

Mmmm...Varsity hot dogs and onion rings. My uncle used to live in Lawrenceville and that was by far the best bonus of visiting!

I'm an ex-lawyer who wandered in from Jeni's site; looks like I'll be here a while if you don't mind ;)

Dave said...

Sonjab, Pos and Jeni, the process, though somewhat expansively described is really just mediation 102. Keep the warring parties together, fed and somewhat uncomfortable until they collapse or reach a deal. Actually, Doc, a somewhat difficult job for the mediator. Especially, Fermi, if you have to go to the Varsity; sorry, but it is a taste I've not acquired, sorry Sognatrice and thanks for visiting.

If any of you want to know what Becky is talking about, go to Girl in Short Shorts (sidebar) and listen to her YouTube clip of Clapton and Knofler rocking "Sultans of Swing."

Finally, Debo, sorry it started as a response to a comment from Jeni. I will cease and desist, but continue to read.

Anonymous said...

Hey, I'm just joking about the mafioso thing, kay?

Hope I didn't ruffle any feathers?

Debo Blue

Knock knock - it's cancer! said...

Nicely put Dave...