Word of the Day: Folderol
folderol - n., foolishness; nonsense; ornamental objects of no great value.
The word comes to us courtesy of Judge Easterbrook of the 7th Circuit on Nov. 14th, 2007, when describing a convoluted tax evasion scheme implemented by a plaintiff who was before him on appeal. Easterbrook had some other choice words for the appellant attorney:
Jerold W. Barringer represented Patridge at trial, in the Tax Court, and during the three appeals to this court. He has performed below the standard of a pro se litigant [a layperson representing themselves]; we have serious doubt about his fitness to practice law. The problem is not simply his inability to distinguish between plausible and preposterous arguments. It is his disdain for the norms of legal practice (19 issues indeed!) and the rules of procedure.
Easterbrook then berated Barringer’s brief. “This contains not a single fact and verges on illiteracy.” The judge continues:
Barringer’s brief contains this statement: “I, Jerold Barringer, certify by my signature above I have included all of the materials required by parts (a) and (b) of Circuit Rule 30 in the appendix for the Appellant.” The brief was accepted. But the representation is false—whether deliberately so, or as a result of Barringer’s inability to comprehend Rule 30, we cannot know.
We therefore give Barringer 14 days to show cause why he should not be fined $10,000 for his frivolous arguments and noncompliance with the Rules, and why he should not be suspended from practice until he demonstrates an ability to litigate an appeal competently and responsibly.
Read the full opinion (10 pp.).
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