Law Practice

PEOPLE OF THE STATE OF NEW YORK v. DONALD J. TRUMP (2024)

TESTIMONY OF A WOMAN NAMED “STORMY” -- AN UNEXPLORED THEME: THE SIZE OF TRUMP’S PENIS MAY MATTER Mr. Trump is charged in a criminal case of falsifying some business records of his company. This is a felony-level crimes charged in New York are, roughly speaking, this:...

Lawyers and the Aging Process

To leave or To Not Leave? That Is a Question Some activities—some jobs—become outgrown as time passes.  If you don’t play superb baseball by age eighteen, you are not going to the “pros." The same goes for football; if you’re not great when you’re a senior in high...

Legal Malpractice–Proving Damages In Big Cases–Expert Testimony

Complex Oil Well Deals—High Prestige Texas Law FirmErrs  Several companies were involved in oil & gas interest acquisitions and ultimately drilling.  The deals were substantial—1000s of acres, for example.  Things didn’t go well for various reasons and property...

DEPOSITION – TREACHEROUS QUESTIONS

It's difficult these days for a lawyer at a deposition to direct witnesses not to answer questions on the grounds that the question is flawed. The lawyer doing the deposing may insist on his/her question be answered by or at least addressed directly by the witness....

Fiduciary Duties: Lawyers (Attorneys)

Fiduciary Duties A"Thumb Nail" Summary The “fiduciary-ness” of the lawyer (L) to client (C) relationship is the “heart” of the relationship and “enables the client[s] to place unhesitating trust in the attorney’s ability to represent them effectively.”  All...

Legal Malpractice Case–Some Possible Deposition Questions

SOME POSSIBLE DEPOSITION QUESTIONS FOR LAWYER MALPRACTICE CASES I am a fan of  the use of leading questions, even in depositions. Some of the questions are treated herein as declarative sentences. That is designed to indicate that...

Witness Discourse: Lawyers Listen Carefully

SEVERAL, SELECT,  SUBTLE (?) and REASONABLE REASONS Read the following examples reflectively, and you will see holes or crevices in the answers.  Stop for a moment—but only a moment—when this happens and ask yourself what to ask next. These examples arose in insurance...

LAWYERS & LIES: Part Four–On Negotiations

PROFESSIONAL ETHICAL RULES GOVERNING LAWYERS’ LYING, e.g., IN NEGOTIATIONS 1.   “As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others.” (ABA, Preamble [2], Texas....

LAWYERS & LIES: PART THREE

All Witnesses Lie The first part of the following comes from a piece of fiction.  Many people believe it to be true.  I have little experience in criminal law, but I’m not so sure that it is true in civil litigation, as I shall suggest. ...

LAWYERS AND LIES: PART TWO

American Lawyers Have to Lie Here is what a leading Yale Law School scholar says about lawyers lying.  He says that it is “part of the “systematic interpretive engagement with the professional obligations of adversary advocates. . . .” It is part...

There are various ways in which lawyers can run into legal-related problems or issues of legal ethics including civil lawsuits, legal malpractice, and breach of fiduciary duty or lawyer criminality and its consequences for discipline.

Topics: legal malpractice, legal ethics, civil lawsuits, fiduciary duty, lawyer criminality, and discipline. 

Quinn Quotes

A variation is never identical to that which is being varied upon.  This too is probably a necessary truth.  Both variances can be true at the same time. Then again sometimes they are something like contradictory, though probably not completely, given the meaning of “variation.”~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

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Michael Sean Quinn, PhD, JD, CPCU, Etc*., is available as an expert witness in insurance disputes and other litigation matters. Contact