The Volokh Conspiracy

A Moose for a Lawyer:

From today's Seventh Circuit opinion by Judge Easterbrook in Nunez v. U.S. (thanks to How Appealing for the pointer):

A lawyer who does not show up for trial might as well be a moose, and giving the defendant a moose does not satisfy the sixth amendment.

Is this the birth of a new professional pejorative? "He's such a moose." "She's a total moose."

On the other hand, later on the opinion suggests it disapproves of "a rule that a lawyer is the client's puppet." Especially not, I hope, a moose puppet.

JosephSlater (mail):
Well, if you give a moose a muffin. . . . all sorts of interesting things happen, lawyer or not.
7.31.2007 8:22pm
BruceM (mail) (www):
That creates a circuit split with the 5th Circuit precedent that says a lawyer who sleeps through his client's (murder) trial can still provide effective assistance. Maybe the SCOTUS will clarify this.
7.31.2007 8:23pm
Dave N (mail):
Bullwinkle can't be any worse than some of the attorneys I have encountered.
7.31.2007 8:35pm
LTEC (mail) (www):
A person who's obsessed with buffalos shouldn't be so quick to make fun of someone else's moose.
7.31.2007 8:37pm
OrinKerr:
I wonder how many bucks you pay a moose lawyer.
7.31.2007 8:40pm
Dave N (mail):
Are some moose gay? Otherwise, a male moose lawyer might not want any bucks at all.
7.31.2007 8:46pm
Will Schendel (mail):
He might have formed his impressions of moose while at his Alaska condo.
7.31.2007 8:57pm
Little Loca (mail):
More than anything this is evidence of a cutsy quip that Easterbrook hopes will land him a "shout out" in a textbook on effective lawyering or legal ethics.

That whole circuit (refers to Posner) is about attention grabbing for the casebooks.

Also, why isn't it "meese" in the plural. I still think it should be...
7.31.2007 8:58pm
Jed Adam Gross:
But would a judge be equipped to reach this conclusion reasoning from the Law of the Horse?
7.31.2007 9:07pm
arthur (mail):
7.31.2007 9:40pm
Rick Wilcox (www):
Dave N:
Bullwinkle can't be any worse than some of the attorneys I have encountered.
"Watch me pull an acquittal out of my hat!"
*various feline noises*
"Huh. Never knew an acquittal looked like a civet!"
7.31.2007 10:19pm
Bored Lawyer:
Why do I get the feeling that some day this will be a FAR SIDE cartoon?
7.31.2007 10:31pm
neurodoc:
arthur, that's funny. I wonder how soon this disparagement of their kind will come to the attention of those several lawyers whose surname is "Moose." Will they be taunted, "Hey, what did you expect when you got yourself a Moose for a lawyer."?

Why "moose," because they are very big and stupid? When one is driving in northern Maine, they encounter very frequent road signs warning them to look out for moose. It is not a joke, since hitting a moose with your car is much more dangerous than hitting a deer, and it is not unheard of for drivers to be killed when they hit these gentle creatures which stand so high on long legs and weigh so much.
7.31.2007 10:35pm
curious:
I wonder how many bucks you pay a moose lawyer.

Are some moose gay? Otherwise, a male moose lawyer might not want any bucks at all.


But I'm sure it'll cost you a lot of doe . . .
7.31.2007 10:44pm
Ugh:

Is this the birth of a new professional pejorative?


No.
7.31.2007 11:00pm
Waldensian (mail):

Are some moose gay?

Somewhere Clayton Cramer is peeved that you beat him to an irrelevant reference to homosexuality.
7.31.2007 11:23pm
Owen Hutchins (mail):
Moose bites can be pretty nasty...
7.31.2007 11:28pm
Bemac (mail):
Bullwinkle was not a puppet. Captain Kangaroo's Mr. Moose was a moose and a puppet.

And we like moose in our household. If you insist on using a cervine as a perjorative, may I suggest the shiftless caribou?
7.31.2007 11:55pm
anon123:
Little Loca, I'm guessing the singular and plural forms of moose are the same because they were the same in the language of origin.
8.1.2007 12:32am
Jim G (mail):
I anxiously await the defamation lawsuit from these folks.
8.1.2007 12:41am
Daniel Chapman (mail):
"I wonder how many bucks you pay a moose lawyer.

Are some moose gay? Otherwise, a male moose lawyer might not want any bucks at all.

But I'm sure it'll cost you a lot of doe . . ."

You win... it's all downhill from that.
8.1.2007 1:20am
Bill Poser (mail) (www):

I'm guessing the singular and plural forms of moose are the same because they were the same in the language of origin.

I doubt that this is right. "moose" is from Eastern Abenaki. I don't have reference materials for this language to hand, but in general Algonquian languages do have distinct plural forms for "moose". In Plains Cree, for example, the singular is moswa and the plural is moswak.

I suspect that the borrowed "moose" was assimilated to the zero-plural pattern of other English words for wild animals. Compare "deer", plural "deer", "elk", plural "elk", "cariboo", plural "cariboo", etc.
8.1.2007 2:26am
Oren (mail):

Bullwinkle can't be any worse than some of the attorneys I have encountered.


Yes but he was a Moose with a college education!
8.1.2007 3:42am
arbitraryaardvark (mail) (www):
The freedom to associate with others for the advancement of political beliefs and ideas is a form of orderly group activity protected by the First and Fourteenth Amendments, and [t]he right to associate with the political party of one's choice is an integral part of this basic constitutional freedom. - Cool Moose Party v Rhode Island (1st Cir. 1999)
Oh wait, that's a moose with a lawyer.
8.1.2007 9:24am
TerrencePhilip:
I wonder if it's some private joke between him and Coffey, who is from Wisconsin?
8.1.2007 10:13am
Little Loca (mail):
It seems that most language don't even really have a word for moose, but treat it like an elk, consider:

Norwegian/Danish: elg
Russian/Slovak/Slovenian/Czech/Polish: los
Spanish/Italian/Portuguese: alce
German: der Elch

I guess it's because they don't have them in those parts, but still, I mean, it's SOOO not an elk.
8.1.2007 10:36am
Nick P.:
Little Loca:

I think you have the priority of the names reversed.

Northern Europe does have native moose (Alces alces), and Elk/Elg/Elch, etc. is the original name for those animals. It's only in North America that the word "Elk" has been applied to another deer species, Cervus canadensis and a native American name applied to Alces alces. In Europe, a similar Cervus species is the Red Deer, Cervus elephus, and other Cervus species throughout the world seem to be commonly referred to as "deer," not "elk."

I don't know why the European settlers in N. America took an existing name for Alces alces and applied to another deer. Ideally, Cervus canadensis should probably be called "Wapiti" to avoid confusion with Moose/Elk.
8.1.2007 10:52am
Soccer Dad (mail) (www):
Does this portend a trend where law schools will start holding "moose court" competitions for the least promising students?
8.1.2007 11:32am
CJColucci:
I'm glad to see I'm not the only one who thought right away about the "sleeping lawyer" cases. I don't see any inconsistency myself, but probably only because, in my view, the real ground for decision in the sleeping lawyer cases was that if the lawyer had been awake and done no worse than he had done asleep, the court would not have found ineffective assistance, so why find it just because he dozed? I believe a concurring opinion in one of them said essentially as much.
8.1.2007 12:03pm
Rob1855:
I'm sure my former law professor, Peter Alces, is unamused.
8.1.2007 12:55pm
Alan K. Henderson (mail) (www):
"Hey Rocky, watch me pull a subpoena out of my hat."
8.1.2007 1:02pm
Alan K. Henderson (mail) (www):
Didn't see the gag the first time. Gotta get a new hat.

The moose better hope the judge isn't a short thickly-accented guy named Boris.
8.1.2007 1:06pm
Born Free:
Sorry, though rightly a legend, Bullwinkle was not a puppet. Your link should have gone to THE moose puppet of all time: http://en.wikipedia.org/wiki/Mr._Moose
8.1.2007 1:27pm
Born Free:
Sorry, though rightly a legend, Bullwinkle was not a puppet.

Your link should have gone to THE moose puppet of all time: http://en.wikipedia.org/wiki/Mr._Moose
8.1.2007 1:27pm
Gullyborg (www):
This reminds me of my Civ Pro professor, who always said "a court without jurisdiction may as well be a bar and grill."
8.1.2007 3:43pm
Robert Lyman (mail):
"I wonder how many bucks you pay a moose lawyer.

Are some moose gay? Otherwise, a male moose lawyer might not want any bucks at all.

But I'm sure it'll cost you a lot of doe . . ."


It's "bull" and "cow" for moose.

But the opinion leaves me wondering: are we assuming the moose, unlike the lawyer, shows up for trial?
8.1.2007 4:50pm
RigelDog (mail):
Hey! We resemble that remark! Husband and I are both attorneys and for reasons lost in the mists of time, we started calling our family, collectively, The Mooses. I even tried to get a vanity license plate with "Mooses", but if you can believe it, that was taken.
8.1.2007 5:07pm
Jim Friedman:

That creates a circuit split with the 5th Circuit precedent that says a lawyer who sleeps through his client's (murder) trial can still provide effective assistance. Maybe the SCOTUS will clarify this.



The Fifth Circuit "precedent" says no such thing. See Burdine v. Johnson, 262 F.3d 336 (5th Cir. 2001) (en banc). The court has been the butt of far too many jokes to let your assertion stand. And to get the flavor of what kind of case was presented, you might want to check out Judge Jolly's short, but effective, dissent. See id. at 357.
8.1.2007 5:46pm