Sunday, July 06, 2008

The Bar Art Series, Part 1: "Voiding Perpetuities"

"Voiding Perpetuities"
Tina Rad
June 19, 2008

In a very real way, "Voiding Perpetuities" is the drawing that started it all. It was born in a moment of inspiration after watching SNL's brilliant "Dear Sister" digital short. Tina and I noted that Imogen Heap's "Hide and Seek" was quite possibly the most depressing and emotionally destructive song ever. As I lay on Tina's bed in the fetal position after a particularly brutal set of real property questions, I suggested (jokingly, people, jokingly) that a few more problem sets like that and I would find myself in a bathtub, putting a dull Bic razor to my wrists and sobbing through the lyrics as I slipped into sweet release. Tina later gave the scene visual expression, I helped captioned in some of the lyrics, and the Bar Art Series was on.

And for you non-lawyers out there, the title is a reference to the dreaded Rule Against Perpetuities in property law. You don't want me to explain it to you. But to give you a sense, there is a California malpractice decision on the books that says that a lawyer did not commit malpractice by drafting a will that violated the Rule Against Perpetuities, thereby causing someone to lose their inheritance, because the RAP is so complex and difficult, a lawyer of reasonable skill and care in the jurisdiction would have made the same mistake. Yes, the rule is tested on the Bar.

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