EXORBITANT LEGAL FEES

ABSURD LEGAL FEES

Michael Sean Quinn*

Within the last few days, LAW 360, notified the public that the highest known explicitly billed hourly fees is now $2000.00 per hour, a substantial increase since the last survey. 

Within a day or two, on May 12, 2016, Kathryn Rubino published a short blog-piece about this on ABOVE THE LAW. The title of the piece was “How Much Would You Pay For The Very Best Lawyer? The piece opens with the following: “What is the billing rate for the best attorneys in the country?”

This piece get a flunking grade–a BIG F.  There is a simple mistake here. It’s hard to see how someone could miss this error. Perhaps this methods of reasoning should be named the “Rubino Fallacy.” One wonders what she would do with the Theory of the Second Best.

The 360 study was of what is the highest price. It is not a study of what are the best services. Obviously, as a matter of Logic 100, everyone–or apparently nearly everyone–knows that 

(1) X lawyer is paid the highest hourly price

does not entail

(2) X provides the best services. 

A proposition that is an instance of  (1) and ~(1) is necessarily false. 

The proposition that is an instance of  (2) and ~(2) is necessarily false. 

The proposition that  (1) entails (2) is false. 

The proposition (2) entails (1) is false. 

It may be that sometimes or often propositions that are instances of  (1) and ~(2) are true. 

And it may be that sometimes or often propositions that are instances of   ~(1) and (2) are true. 

It might also be a good idea for Ms. Rubino to take a look at Harry Frankfurt book ON BULLSHIT. I suspect that even if there is some correlation between really excellent lawyerly performance and legal fees in the higher range, it may not be just the legal services that are “justifying” the price. There is also bullshit, some of which can fall within the pen of legal services and some does not, even if it is very effective of its sort.  

Sometimes Frankfurtian bullshitting makes one a better lawyer. And it may be that the best lawyer-bullshitters make a lot more money that those who are not great. However, being a great bullshitter may not be part of the provision of legal services: it might be found in marketing, rainmaking, friendship creation and retention, and lots more. Those talent have nothing whatever to do with the rendering of high quality legal services.

*Michael Sean Quinn,
Law Office of Michael Sean Quinn AKA

Quinn and Quinn

1300 West Lynn Suite 208

Austin, TX 78703

Office Phone: 512-296-2594

Cell: 512-656-0503

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Email: mquinn@msqlaw.com

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JUDICIAL INDISCRETION AND FILTHY PHOTOS

PORN PICS OF DEFENDANTS OUTSIDE JUDICIAL DISCRETION (NOT TO MENTION PRUDENCE)

Michael Sean Quinn*

“There once was a judge from Ar-kansas. . . .” — Never mind. 

An Arkansas judge (“ArkJ”)–granted he was only part time–was under investigation for granting reduced sentences in return for “sexual favors.”  (It seems to me that the word “favors” is the wrong word. Then again, the phrase “sexual fornication” is redundant, and the word “fornication” by itself sounds too old fashioned–and maybe wrong, as we shall see. “Favors” is the wrong word because it sound too much like a helpful gift–like preparing eggs and bacon for one’s mother on Mother’s Day. Or picking up the laundry.) 

Interestingly, the victims of ArkJ’s dispensation of reduced sentences were young men, and ArkJ has been caught at this before  and fined small sums. (The Arkansas gay chat circles are filled with jokes about various grantors of favors and grantees of diminished sentences as being “suckers” and jokes about ArkJ being a “‘blown’ hard.” Of course, such coarse human discourse would never be set forth in more cosmopolitan locals that Little Rock. Cultural correctness would forbid it, except for the new “Trump Age” which appears to be dawning.”)

The state Judicial Discipline and Disability Commission “encouraged” ArkJ to resign when new evidence was discovered, to wit: 1000 related nude photos found on ArkJ’s computer, with the probably discovery of another 3400, or so.  As one might expect, the discovery of the photos has been hailed as a “turning point” in the legal ethics case against the distinguished jurist. 

(Of course, one’s virtually automatic guesswork–and it doesn’t even feel like speculation–is that there are all photos of different guys, whereas in fact there might be only a few fellows involved but a lots of photographing per person. There is no reason to think that each reduced sentence would require only one photo. Suppose it were 100 per reduction. I wonder about whether ArkJ and photoed fellow might enter into a business together selling the photos across some border or other.) 

ArkJ, having previously been offered the opportunity to resign, did so in a letter containing the following prose promising “to never seek employment as a local, county or state employee or public servant in the State of Arkansas[,]” ever. 

Perhaps the now former judge will take up a new law practice defending or advancing gay rights.  Then again, maybe not. Maybe he’ll take up photography as more than a kind of hobby. 

*Michael Sean Quinn,
Law Office of MSQ AKA

Quinn and Quinn

1300 West Lynn Suite 208

Austin, TX 78703

Office Phone: 512-296-2594

Cell: 512-656-0503

Fax: 512-344-9466

Email: mquinn@msqlaw.com

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BULLSHIT FOR LAWYERS–A PHILOSOPHICAL GUIDE

ON BULLSHIT: A SHORT AND VIVID TREATISE FOR LAWYERS

Michael Sean Quinn*

Harry G. Frankfurt, a distinguished writer and Emeritus Professor of Philosophy at Princeton University wrote a very short book in 2005 entitled ON BULLSHIT. It was quite popular as philosophy books go, and has been followed up with one entitled ON TRUTH and another entitled ON INEQUALITY, the latter of which is just out.** Former Professor does not make any explicit, direct reference to lawyers in ON BULLSHIT, so I will take his place. In order to do so, I will say a little bit about, and quote a lot, from his excellent book, and then I will apply it–granted superficially–to lawyers. (**In ON INEQUALITY, Frankfurt argues, among other things, that the political demand for economic equality may not be such a hot idea and has philosophical, humanitarian consequences that are profoundly undesirable. No economic–free-market–absolutist is he, however. His view also has some implications for lawyer happiness, self-exploration, and depth. I have written a bit about it elsewhere on this blog series. )

FRANKFURT’S GENERAL VIEW

The book begins with this: “One of the most salient features of our culture is that there is so much bullshit.” The book ends, roughly speaking, with this: “The contemporary proliferation of bullshit has deeper sources [than simply the amount of communication that is going on, much of it on-line,  in the so called “Digital [or, “Internet”] Age”], in various forms of skepticism which deny that we can have any reliable access to an objective reality, and which therefore reject the possibility of knowing how things truly are. These ‘antirealist’ doctrines undermine confidence in the value of disinterested efforts to determine what is true and what is false, and even in the intelligibility of the notion of objective inquiry.”

(In my opinion, the kinds of skepticisms to which Frankfurt refers have also created the opportunity for people to believe absurd and corruptive doctrines as that there is such a thing as “my truth” and “your truth,” where they contradict one another.  The truth is that for any given proposition and its denial, both cannot be true, as they say, “period.” But that’s a different story.  

Except for describing, explaining, and expounding Frankfurt’s positions, I am not here interested in  his deep, and profoundly true, philosophical insights.  I am interested in the implications of his views–what might be called his theory of knowledge or his epistemology–for the nature of lawyering, when it is conceived as an adversarial activity in which excellent rhetoric plays a crucial role and lawyers are ethically, legally, and morally obligated to pursue their clients’ interest, by any legal means. (And to some extent the same is true of transactional lawyering when negotiation plays a significant role.”)

Bullshit, according to Frankfurt, is to be distinguished from lying in that the bullshitter need not be trying to lie or deceive, although he is often doing exactly that (or, at least, sort of that). It’s best, in analyzing the idea of bullshit, to think about what it is to be a bullshitter–bullshit being what  comes out of a bullshitter’s mouth (or off his “pen”) when he speaks in that capacity.  The bullshitter, when bullshitting, is principally concerned with how s/he is thought of by others. If s/he is discoursing on American history, he is unconcerned about what is true about American history. She is concerned about what other people which think of her. (This is perhaps many people think of Donald Trump as a bullshitter. Perhaps this problem is one for most politicians in general.) (So far as gender in pronouns is concern, I shall return to old customs, and given the topics of this short essay, I suspect that there will be not objection along gender lines.)

But this is not the essence of bullshit, says Frankfurt.  It is also not the case that bullshit is simply one or more sloppy ways to make up gossip and other stories. Being a thinking, speaking slob is not quite it.  Bullshitting is not just careless, vague, colorful, and self-indulgent discourse, although it is often that.  At the some times, grants Frankfurt, the “idea of carefully wrought bullshit involves. . . a certain inner strain.” Nevertheless, some bullshitting can involve exquisite sophistication, great precision, and tremendous effort. Advertising, public relations, and some political campaigning all exemplify these ideas.  

Legal advocacy may fall into the same category–tireless effort to make a point distinctly–though Frankfurt does not explicitly make that comparative point.  What surely is, however part of the essence of bullshit is that the bullshitter is “trying to get away with something.” Bullshitting, bullshitters, bullshit-discourse, and bullshit itself are “unconnected to a concern with the truth.” 

Surely this idea is integral to the concept of adversary litigation and many transactional negotiations. Indeed, “the Donald’s” book THE ART OF THE DEAL exemplified exactly this idea, in stark contrast to the noble negotiation philosophy contained in the book GETTING TO YES, its siblings, and progeny. 

Of course, bullshit’s disconnectedness from truth is one of the things that distinguishes bullshitting from lying. The liar knows–or at least believes–what the truth is and makes assertions that are inconsistent with it. “It is this lack of connection to a concern with truth–this indifference to how things really are–that I [Frankfurt] regard as of the essence of bullshit.” 

On this basis, Frankfurt compares bullshitting with bluffing. The two of them are closer together than either is to lying. (I [MSQ] wonder. Surely some bluffing rests upon lying. Consider: “If you make more noise at 3:00 AM again, I will poison your dog,” where the speaker has no intention of torturing or assassinating the barking dog next door. That bluffing, for sure, but it’s also lyiing.)  

The “sin” built into bullshitting is not lying; it is fakery.  It’s like counterfeit money.  The counterfeit money or forged works of art may look as good as the real stuff, and can often be passed of as the real stuff, but they are not. 

Says Frankfurt, some bullshit can even be true, but it was not presented for truth value. It was presented to convince, persuade, or convert whether it was true or not. For this reason, it is phony. Frankfurt thinks of bullshit as worse, in some ways, than lying; the liar is at least clear about what is true and knows that there is a valuable difference between truth and falsity.  The liar imposes false propositions upon true ones; the bullshitter imposes himself on truth.  The sins of the bullshitter include a kind of epistemic immorality–breaches of a duty to truth, often breaches of civic duty.

Frankfurt’s portrayal of bullshit and bullshitting may not look exactly like litigation advocacy. But they are deeply connected. In the case of P v. D, L#1 for P is not concerned with the real and actual truth. He is concerned with winning the case for P, though he understands that his actions and omissions are deeply related by the law and the legal system to which he owes sacred duties. In opposition to but not in contrast with L#1, L#2 for D does not care about what it true; she is interesting in proving the case for D.  Sometimes the Ls recognize that the truth might help their client’s position; sometimes the opposite is true. 

The legal system itself, in general,  may care about truth, since it operates on the axiom that truth leads to justice.  But the ideals and axioms of the legal system and the fundamentals of lawyers are not the same. (It should also be observed that it is off to refer to a system and not a person or group of persons as “caring.”)

Moreover, given the role of rhetoric in adversarial advocacy, a lawyer must try to impose his persona on convincing listeners. How listeners view him–and react to him–will matter.  (“I, I, I convinced the jury and won the case.”)

Hence, litigators and trial lawyers are constitutionally bullshitters.  This is true not only as a result of economic reality, but also as a result of the ideal and fundamentals of the practice of law.  Some, at least, profess the view that most effective  advocacy lawyering occurs when the decider of fact and/or law believes in the lawyer advocating, i.e., believe what the lawyer says when he/they believe in the lawyer. Thus, since advocacy hinges in part of rhetoric, advocacy essentially depends on bullshitting. 

Some believe they can refute this view. They claim that one is more likely to be regarded as a truth teller–a truth advocate–if one is actually telling and advocating the truth. Unfortunately, this proposition is false. What may be true is that one is more likely to be believed if one believes that one is telling or advocating truth. But the last sentence simply illustrates the point that one can bullshit oneself. This idea might be a paradox, if we didn’t all know that self-deception is not just possible, but common.   

Supplement: June 5, 2017. In May of this year, one writer on political affairs–I think it might have been Kevin Williams of the NATIONAL REVIEW discussed “the United States as Bullshit,” as least since Trump took office. The writer did, or might as well as, called DJT as “Bullshiter in Chief.” I certainly described his view and conduct as “the authoritarian spirit in miniature.” I’m not sure the author is correct. If one is a liar, he is not a bullshiter. Trump is a liar, therefore he is not a bullshitter. Maybe there is a compromise view. (1) Much of the time Trump lies. (2) Sometimes he cannot distinguish the real from the fake but makes assertions, and so on those occasions is a bullshitter.  Sometimes, Trump speaks truth, though when he does he often does not realize it and so is a bullshiter anyway. Sometimes maybe he knows he is speaking the truth. Consider this one: “Dearest Wife, that is the most beautiful sweater I, or “anyone” else, has ever seen?  There are two proposition built into this sentence. Are both of them true? Are both false. Or one true, but the other one not. Are either of them propositions which are neither true not false.  If so, they maybe there is an added dose of bullshit.  Here is a probable lie: “I think you paid too little for it.”

**Michael Sean Quinn,
Law Office of MSQ AKA

Quinn and Quinn

1300 West Lynn Suite 208

Austin, TX 78703

Office Phone: 512-296-2594

Cell: 512-656-0503

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LAWYERS, SELF-EXPLORATION, SPIRITUAL DEPTH, AND THE GOODNESS OF INEQUALITY

on inequality*

Michael Sean Quinn**

            The title of this blog-essay is also the title of a book by Harry G. Frankfurt, one of the most interesting and readable social and ethics philosopher of the later Twentieth Century and the Early Twenty-First Century.  (I have used the type set for the title of his book; there are not capital letters in the title.*)  This book is not explicitly about lawyers or lawyering. However, there are kinds of egalitarianism other than economic. It might be classified by the beginning category of “X-inequality” and  “X-egalitarianism.” At least impliedly Frankfurt discusses “respect inequality” and “respect egalitarianism.” This, and ideas like it, are very important to lawyers.  (Of course, many lawyers do care about eco-egalitarianism aka egalitarianism. They might be called “Bernie Sanders Type Lawyers.” I confess to having a good deal of sympathy for this point of view, although I also confess that I have not really lived it.”

            Frankfurt’s most famous book—mind anything, an abstruse treatise for academics, although it contains profundities–is entitled ON BULLSHIT, and it is anything but. He has also written a book entitled ON TRUTH, and it is, with wisdom, exactly about that. (I have discussed both of the other two elsewhere in  blog-essays for lawyers.) All three of these books have the attractive virtue of being short. ON BULLSHIT was a #1 best seller on the New York Times list for a while, and I conjecture also on that of the Wall Street Journal, at least—and perhaps principally—because of its dashing title.

            This book is about egalitarianism and its vices. In fact, Frankfurt goes further than that, and demotes its magisterial status considerably.   It is not true that equality if intrinsically valuable. At most it is sometimes extrinsically valuable, under some circumstances.  It is probably not good for individuals and societies; in fact it does harm. Besides, he at least implies, it is probably impossible.  It distracts individuals from properly valuing themselves and their lives. In addition it “diverts the attention of intellectuals from the quite fundamental philosophical problems of understanding” and really considering in detail more important problems, such as really intrinsic valuables and the reasons why people might adopt forms of life which do not hinge on, e.g., simply getting more.

             In its stead Frankfurt proposes the “doctrine of sufficiency,” that is “the doctrine that what is morally important with regard to money is that everyone should have enough.” Two places Frankfurt applies this idea is in dealing with poverty or in dealing with a society that is so class dominated that the upper class clearly have more than enough and at least some components of a lower class (or of some lower classes) do not have enough. 

                        (Notice that egalitarianism would call for all to be equal, while the doctrine of sufficiency would seek something quite different.  It seems to me that Frankfurt argues that egalitarianism can be used as a device for getting people to attend to immoral over-abundance divided along class lines.  There is a problem with this view, of course, since it would allegedly the legitimacy of political lying. I say a bit more about Frankfurt’s doctrine of sufficiency toward the end of the blog-essay.)

            Naturally egalitarianism is usually discussed in terms of money and equal distribution, and he Frankfurt uses this category as one for teaching and argument. Here’s what he says at one point. “Economic equality is not, as such, of particular moral importance; and by the same token, economic inequality is not in itself morally objectionable.” 

            Moreover, egalitarianism may not maximize aggregate utility, as some economists and some philosophers oriented to economic, free-market thinking think. In addition, what makes people unhappy usually has nothing to do with inequality, and general equality is neither necessary or sufficient for making people happy.  Besides, it is in the nature of some people not to have any ambition to seek more, and this can be true for several reasons. Some of these are politically incorrect to mention, e.g., laziness, dullness, or diffidence.  Notice, however, that Frankfurt is not suggesting that all people near the bottom, or only slightly above, are any of these things. Vastly wealthy people can be just this way too.

             Frankfurt also proposes that absence of respect is of far more social significant that inequality, although the two are often conflated.   

            In any case, as is fitting, begin with philosophy. To say that a state of affairs is intrinsically good is to say that it is good in and of itself; it is good as such; it is good not because it produces (or causes) other good states of affairs, but is simply good. “Good,” as they say, “period.”  Happiness, pleasure (of at least some sorts) and blessedness are often thought of this way.

             A state of affairs is extrinsically or instrumentally good if it does or tends to cause other instrumentally good states of affairs or that which is intrinsically good. An appropriate level of work, rationality, self-knowledge of some sorts, and various configurations, e.g., democracy, are thought of this way.         

             Some states of affairs are both intrinsically good and extrinsically (or instrumentally) good at the same time. Happiness, pleasure, and faith of various sorts are often described like this.

            In any case, egalitarianism is not an acceptable doctrine of intrinsic goodness, says Frankfurt, contrary to what many people think, or—at least—say. It is easy to see why. What if equality led to the impoverishment of everyone? Would egalitarianism be a good thing in that case? Or what if egalitarianism, for example, to food stuffs, would lead to the death of a whole group, where as if there were unequal distribution a fraction of the group could live.

            Moreover—and this is one of the author’s most profound points—egalitarianism would deter a person from looking at himself, and and looking for what he finds meaningful.  Frankfurt is not an Ayn Randian Egotist, however. He is simply pointing out that a good life requires—or close to requires—self-reflection and sense of what will be a good life for oneself.  Egalitarianism discourages—and nearly prohibits this, while it does not induce one to look closely at others.  The doctrine requires attention to all and to none at the same time.  It is hence alienating between each person and others who are important to him/her, e.g., family.

            Frankfurt does not mention the following in this book, but elsewhere he has argued that the foundations of a satisfactory theory of value is what one cares about and determining real caring is too look at what a person loves.  In effect, Professor Frankfurt is silently emphasizing that point in this book. Obviously, this principle applies to lawyers. One wonders if it does not imply that a lawyer can be happy in the law (THE LAW and not just the business of lawyering) only if he loves to the law to a considerable sense.  The next and related questions is: What does it take to love a legal system, and how much love must there be. 

            As already mentioned, being respected is often an intrinsic value. But notice that being respected has nothing to do with egalitarianism, though under some circumstances, people should be respected equally.  Most importantly, egalitarianism has nothing to do with particular persons; issues of respect, in contrast, have much to do with “focus and intent.” Respect is not owed to everyone; the obligation and appropriateness of respect depends on an individual, though individuals who are the same in relevant ways must be treated with equal respect, as a matter of moral principle.  No doubt the reader is wondering how all this is connected to “respect-egalitarianism.” I shall leave that to the reader.

            Because respect depends on individuals and their characteristics, an acceptable theory about owing respect justifies the importance of impartiality, while egalitarianism does the opposite. The reasons is that a requirement of showing and distributing respect depends upon rationality and having valid reasons (and therefore rational procedure), while egalitarianism does not.

            In considering the last of respect in a political context it is helpful to think about how being ignored impacts a person. As Frankfurt puts it, being ignored can be “profoundly disturbing.” Being ignored can trigger a strong protective response, not to mention retaliation of various sorts.

            Interestingly, this last point is arguably to be found in the “Donald Trump Orientation” of various people, and groups of people, in the 2016 election. Of course, this is not a point Frankfurt makes, since his book was published in 2015.

            (Alas, Frankfurt is not really clear about how, from an economic-political system point of view, what counts as “enough” could be determined.  It seems obvious—to me, at least—that if individuals were making that decision for themselves there would be immense dangers of something like fraud, of self-deception, a virtually automatic “sin” of financial gluttony (at least in American culture. On the other hand, if what-counts-as-enough were to be determined by objective standards used for everyone, individualism would suffer a huge blow, controversies about the measurement system would be unending, and fascism would be around the corner, perhaps a block or two or way.  In the end Frankfurt is an ethical relativism according to which each person must make individualized decisions for himself about what is intrinsically valuable, although that decision would have to be made within a broad framework—that of “enough-ness.”  This is an attractive idea, of course, much better than egalitarianism, which is, if possible at all, destructive of individualism in its own way. Then again, . . . .)

            For a brief summary from a more conservative regarding the relationships amongst egalitarianism, the doctrine of sufficiency, and liberty, see a review by Daniel Shuchman, “Beggar Thy Neighbor,” Wall Street Journal A11 (October 9, 2015).

*Why might an author put the title of his book all in lower case lettering? Think e.e. cummings. Perhaps the author intends to invoke the idea of a revolt or dissention from an established audience.  Frankfurt was for many years a professor of philosophy at Princeton, whose university press published this book. Teaching philosophy at that university, and those like it, e.g., Harvard, Yale, NYU, Columbia, almost guarantees that Frankfurt’s intellectual environment is what might be called “liberal intellectualism,” “progressivism,” or “New York Review liberalism.” Frankfurt’s view is clearly inconsistent with a doctrine popular in those circles. Nevertheless, Frankfurt is at home in those groupings. Before teaching at Princeton, he taught at both Yale and Rockefeller and was president of the Eastern Division of the American Philosophical Association.

**Michael Sean Quinn

Quinn and Quinn

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Complaint About the Firm “FindLaw”

DREADFUL FAILURES OF FINDLAW

Michael Sean Quinn*

Don’t get me wrong. I am a great and faithful friend and customer of WestLaw and WestLawNext: Invariably helpful, creative, and even learned. 

However. the company WestLaw belongs to Thompson Reuters, and it has another service division, FindLaw. 

It sold me and started to manage for me a new website. The services I received from it were deplorable. The website choices were all standardized and mass produced, so I was told. Then the succession of people who set up what was to be a treasure tripped and stumbled, and the woman who was to manage the insertions of the writing, well, I wonder if she could actually read. 

In any case, I am so upset that, unlike my former commercial conviviality and affability, I angrily refused to pay further. 

This miserable relationship has actually transformed me. I have decided to take no more shit from condescending, disdainful, mixed-up and incompetent (or even close to “moron” merchants).  Enough is enough. 

*Michael Sean Quinn, Ph.D. and J.D., Etc.
Quinn and Quinn

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Office Phone: 512-296-2594

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Quinn Quotes

General assertions are like that. Even specific assertions can be like that–situations change.  There is truth in the idea that one cannot look into the same brook twice.  Of course, that idea is ambiguous.~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

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