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Humor:
How Deep the Book Title Well?
By Zick
Rubin
Opinion
of
ZICK RUBIN
TAA Council, 1993-95
Rubin, a psychology textbook author, is a publishing and intellectual
property lawyer at Palmer & Dodge, One Beacon Street, Boston
MA 02108.
Phone: (516) 575-0240
Fax: (617) 244-4420
zrubin@palmerdodge.com
The spate
of legal thrillers by lawyers, coupled with the epidemic of O.J.
Simpson trial books by other lawyers, has created a serious threat
for attorney-authors and their readers:
If the present pace continues, the supply of legal catchphrases
available for use as book titles will be exhausted by the end
of the century.
This column
appeared originally in the April 14, 1997, issue of Publishers
Weekly and the November 26, 1997, edition of Massachusetts
Lawyer Weekly. We reprint it with the author's permission.
© 1995,
Zick Rubin. All rights reserved.
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The spate of legal
thrillers by lawyers, coupled with the epidemic of O.J. Simpson trial
books by other lawyers, has created a serious threat for attorney-authors
and their readers: If the present pace continues, the supply of legal
catchphrases available for use as book titles will be exhausted by the
end of the century.
Literary lawyers
have already helped themselves to The Burden of Proof (Scott
Turow), The Runaway Jury, Undue Influence (Steve Martini), Powers of Attorney (Mimi Lavenda Latt), Degree of Guilt (Richard North Patterson), Hostile Witness (William
Lashner), Reversible Error (Robert K. Tanenbaum), Invasion
of Privacy (Jeremiah Healy), Legal Tender (Lisa
Scottoline), Stay of Execution (William P. Wood), Criminal
Intent (Michael L. Monhollon), and Conflicts of Interest (John Martel), to name a few.
Then there are the
first-person O.J. accounts such as In Contempt (Christopher Darden), Reasonable Doubts (Alan M. Dershowitz), The Search for Justice (Robert L. Shapiro), Journey to Justice (Johnnie L. Cochran Jr.),
and the undoubtedly upcoming Judging for Justice (by Judge Ito), Docketing for Justice (by the court clerk), and Justice, My Eye (by the court camera operator).
Once the legalese
runs out, the thrillers will be stopped in their tracks and the remaining
213 O.J. lawyers will have to go back to foreclosing on mortgages. We
must protect the reading public before it is too late. What follows
is a new listing of authentic legal terms suitable for use as titles,
with suggested plot summaries, to help avert the crisis.
CONTRIBUTORY
NEGLIGENCE. Faced with the allegation that the surgeon has amputated
the wrong leg, the hospital's seductive but hard-boiled defense counsel
contends that it was the patient's own fault for lying on the wrong
end of the operating table.
DISCHARGFABLE
DEBTS. The tempestuous founder of a failed bagel chain and her ruggedly
built, devil-may-care bankruptcy lawyer blow last millions on a weekend
on the Riviera. On Monday they fly back on the Concorde and file under
Chapter 7.
PEREMPTORY CHALLENGE. O.J.'s jury consultant speaks out for the first time on the defense
team's successful jury selection strategy, which actually was not based
on race but rather on excluding all Leos, Scorpios, ectomorphs, and
people carrying laptops.
REVERSE CONFUSION. An ambitious conceptual artist paints a literal rendition of a ketchup
bottle, then sues the ketchup company for trying to cash in on his fame
by continuing to use the same label to sell ketchup.
UNDISCLOSED PPJNCIPAL. A dapper but ethically challenged super-agent negotiates a megacontract
for a roman a clef by an anonymous insider in the Dole campaign -- "someone
with a really big name. "When the author turns out to be a total unknown
named Constantine Chevapravatdumrong, the publisher threatens to sue.
LIMITED LL4BILITY. O.J.'s corporate lawyer speaks out for the first time, dropping the
bombshell that under California law only O.J.'s corporation, Orenthal
Productions, Inc., and not O.J. himself could be held responsible for
the killings.
THE TENTH AMENDMENT. A gorgeous but insecure associate at a prestige-drenched Wall Street
law firm revises her insignificant procedural motion one more time.
ADVERSE POSSESSION. An Upper East Side landlord tries to evict a family of 10 that has camped
out in one of his apartments. All hell breaks loose when a crusty Legal
Aid lawyer argues that the family has actually occupied the butler's
quarters for 21 years and no one ever noticed.
RIGHTS OF PUBLICITY. O.J.'s intellectual property lawyer speaks out for the first time on
his unrelenting efforts to collect licensing fees for O.J. trading cards,
Halloween masks, gloves, and cutlery.
RES IPSA LOQUITUR. Whiz kid Lorna Larrimore emerges from the Harvard Law Review and a Supreme
Court clerkship without ever stopping to learn Latin. When in her very
first court appearance her adversary surprises with the doctrine of
expressio unus est exclusio alterius, Larrimore has to do some very
fast thinking.
CONSEQUENTL4L
DAMAGES. A Great Neck homemaker faithfully follows a gourmet chat
line recipe for chowder. When her husband chokes on a clam he is rushed
to the hospital in an ambulance which slams into an oil truck, causing
a devastating spill on the Long Island Turnpike. In the dramatic courtroom
confrontation, the State of New York faces off against the Internet
service provider.
DUTY TO DEFEND. O.J.'s insurance lawyer speaks out for the first time on his theory
of coverage: because the killings made "O.J. " a household word, his
defense costs are covered under O.J.'s business liability policy as
"caused by an offense committed in the course of advertising."
SCOPE OF EMPLOYMENT. Is martial arts master Stanley Penfield an employee of KarateTown, or
is he just a freelancer who has settled in at the dojo? More than a
pressure point knockout turns in the balance, including whether Penfield
will be allowed to enroll in the company's 401(k) plan.
CHOICE OF FORUM. A beautiful but naive management consultant discovers that her contract
with a multinational pet food giant provides that all disputes must
be adjudicated in the Kingdom of Tonga. The legal hijinks reach their
high point with a no-holds-barred deposition conducted in a sea kayak
during Vava'u Festival Week.
PRINCIPAL PLACE
OF BUSINESS. O.J.'s tax lawyer speaks out for the first time on
O.J.'s year-long struggle with the IRS to take the upkeep costs of his
jail cell as a home office deduction.
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