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[June 9, 2008]

dear jeff -i am writing to let you know a piece of law school news -- before you hear it through some generic list-serv email -- and also to extend an invitation. the news is that makau has asked me to take on the project of assessing and potentially recommending changes to the law school's 'legal skills' curriculum, in accordance with the faculty resolution that was recently adopted at the behest of the APPC. in connection with that, he also asked me to 'keep an eye on' the R & W program during the period that the larger review is underway. for reasons that need no present elaboration, i have more enthusiasm for the first assignment than for the second. the two jobs do logically go together, though, and it does seem like it would be a bad idea to try to make major long term changes to the R & W program while the larger review is underway. after some hesitation, i recently agreed to accept both assignments. the invitation is connected with this law school news, but it is a personal one. under present circumstances, i would more than understand if you wanted nothing whatsoever to do with any effort to review the school's legal skills offerings and/or the R & W program. on the other hand, you do very much still have a role in the current program -and undoubtedly would have great insight into the desirability (or viability) of any future changes that might be considered. if i were in your shoes right now, i would have no appetite for engaging in a dialog with the person serving in my current role. if that is in fact the way you feel, i want you to know that i will completely respect that. however, i also want to make sure that you understand that your participation in these discussions, in any form, would be welcomed and very highly valued by me. last week, i had the opportunity to sit down briefly (and individually) with each of the six current R & W teachers -- to meet them, to discuss their views regarding possible shortterm improvements that might be made with major new resource investments, and to try to begin a dialog about long-term, large-scale ideas. i would like to extend an invitation to you to do the same -- to get together to discuss those same things and/or any other subject that you think might be helpful or relevant to the assignments i have taken on. the one thing that i do not want you to think is that i have even the slightest interest in excluding you. i hope that you will consider accepting this invitation -- even as i once again hasten to add that i would understand it perfectly well -- take it not at all amiss -- if you, quite reasonably, felt it better to decline (or perhaps substantially to defer) such an opportunity. i hope that you are having a good summer, and look forward to receiving your reply. in the meantime, please accept my best wishes and best personal regards, george kannar

Hi George, Im not sure what to say. Im glad the program is getting some attention from the third floor, and maybe some significant resources, but, even so, I dont understand how the school can afford to put me on the sidelines and I dont understand why anyone would want to. Lawyers oftentimes have to deal with shades of gray, but this isnt one of them. Since Im still teaching a section of this course, I suppose I need to know whether Makau has installed one of them as my replacement and also whether he is going to terminate any contracts before the June 30 deadline. In addition, I would like to know whether he has raised the instructors salaries. If you have a master syllabus of assignments and due dates, Id appreciate a copy so I can synchronize my section. I dont have any immediate plans to come back to Buffalo and sit in a study carrel, but we should talk in August. There are some immediate problems in the program that you should know about. One thing I would do if I were you is to have a chat with Melinda Saran; I dont necessarily agree with her thoughts about how legal skills should be taught, but she has a pretty good idea about the cast of characters.

Sincerely,

Jeffrey P.S. Im attaching my review of recent course evaluations, which may save you some time. I also wrote a program self-assessment report which you may not have been given.

From: Jeffrey Malkan Sent: Sunday, December 07, 2008 4:33 PM To: kannar@buffalo.edu Subject: employment reference

Hi George, As you know, I am perforce reconsidering my career options. You've become familiar with my work in the research & writing program since you've had to pick up the reins. Would you be willing to serve as an employment reference, specifically to answer questions about (1) whether the program was running smoothly when you took over, (2) whether I seem to be respected by the faculty, and (3) whether I am well-versed in the field? It would be helpful to me to have someone from the present administration do this, but if you can't do it for that very reason, I don't want to put you on the spot. Sincerely,

Jeffrey

----- Original Message ----From: Jeffrey Malkan To: George Kannar Sent: Thursday, January 29, 2009 8:06 AM Subject: Re: R&W moot court George, I don't think you understand the minefield you're in, so let me clarify. You can't on one hand serve an administration that maintains I wasn't doing my job, and on the other demand that I preserve my work product so that you can continue to use it under your own name. Or maybe you do understand, and that's why you went behind my back to Sandy rather than to me. Jeffrey

----- Original Message ----From: George Kannar To: Jeffrey Malkan Cc: Sandy Conti Sent: Wednesday, January 28, 2009 4:45 PM Subject: Re: R&W moot mourt

dear jeff -i was under the impression that sandi was some kind of administrator for the program -a "lise mueller" figure, in effect -- and not your personal faculty secretary. that was my mistake. "asking lise mueller" is all that i ever had in mind. i will ask the real "lise mueller" tomorrow, now that i know that she is the one that i should go to. i have no desire to wander any further into this minefield, and never did have the slightest desire to explode any mines. there may well be some point at which a question could arise as to which of your 'work materials' are really 'program' properties, i suppose. as long as they're preserved, however, there's no reason to get into that question now. if i need anything that may be in them, i will hereafter just be sure always to inquire of you first. i also extend my most sincere apology to sandi, who i inadvertently put in a very bad position here. i look forward to working productively with both of you in days to come. best regards, gk

Jeffrey Malkan wrote:


Hi George, Do you have questions about R&W moot court? If so, I'd appreciate it if you'd ask me directly. I think I have been very helpful to you so far, under the circumstances, and I don't know why you are going to my faculty secretary to obtain materials that were prepared by me or under my supervision, without first informing me. Personally, I wouldn't dream of going to your faculty secretary and asking for e-mails that were sent out on behalf of Professor Kannar.

Jeffrey

[February 11, 2009]

Dear George, I think its reasonable for me to ask you to acknowledge in writing that I have cooperated with you this year. I also think its reasonable for me ask you to acknowledge that I have turned over a functional legal writing program to you. 1. When you took responsibility for the program this fall, it had six professional instructors who were prepared to teach the course with no direct supervision from you. They had all been hired, trained, and retained by me, over a period of eight years. The fall semester went smoothly with no complaints from students. The basic syllabus you followed this semester had been mandated by me. All of the assignments were completed, classes met, papers graded, and final grades submitted. 2. I provided you with a set of materials for running the spring semester, specifically the R&W moot court. I also provided a secretary whom I had trained to perform the administrative functions of the moot court in an efficient way. You intend to continue to use the system that I had designed as director of the program. 3. When you took over from me this fall, I provided you with (a) a memorandum explaining the programs curriculum, staffing model, and history; (b) a memorandum reviewing the employment history and teaching evaluations of the instructors; (c) materials regarding program design, including the ALWD/LWI survey, a report on the legal writing curriculum from New York Law School, and references to other secondary sources; (d) registration for ALWD and the LWI. If you dont think these statements are true, let me know which ones you disagree with. If they are, Id appreciate it if you put them into the form of a letter to me. Sincerely,

Jeffrey

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