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.
Part I: CYBER TECHNOLOGY AND INSURANCE LAWYERING
SUSTAINING TECHNOLOGICALCHANGESFOR INSURANCE LAW PRACTICE The legal profession the law-biz has become computerized; this transformation is permanent: thetransformation will continue without stop for decades to come (at the very least); in fact, the degree of change...
DISCOVERY IN AMERICAN CIVIL LITIGATION
INSTRUCTIONS AND DEFINITIONS Michael Sean Quinn* American civil litigation involves substantial written discovery there are rules governing it in every jurisdiction--state and federal. Have you ever noticed that many instances of this such things as interrogatories,...
ATTORNEY ATTIRE
DRESSING WELL = DRESSING RIGHT MICHAEL SEAN QUINN* All adages are false when taken to be universal. Some adages have wisdom. Here is one for attorneys: Orderly appearance and therefore dress, among other things tends to lead to (and a is often a necessary condition)...
LEGAL DISCOURSE, DEPOSITIONS AND TRUTHFULNESS
TRUTHS, LIES AND UNTRUTHFULNESS Michael Sean Quinn* In a deposition not long ago, I was asked whether I though an insurance company defending an insured had a duty to be truthful with...
ON THE RHETORIC OF THE RIDICULOUS
SELF INJURIOUS "OVERSPEAK" Michael Sean Quinn* Overdoing rhetoric in briefs, motions, pleadings, etc., is a poor, tasteless and below grade "C" lawyering. There has recently been direct and unequivocal explicit support for this obviously true...
SETTLEMENT DECLARATION REGARDING “WRONGDOING”
ON DENYING "ANY WRONGDOING" Michael Sean Quinn* Often in civil litigation cases a defendant will pay money to the plaintiff for alleged damages. Sometimes this is to keep damages and legal fees down, sometimes not. Such arrangements often involved the...
LAW OF FIDUCIARIES, DONALD TRUMP AND FEDERAL INCOME TAX LAWS
Michael Sean Quinn* The Donald said that he has a fiduciary duty to "his" employees, to pay as little federal income tax as possible. I would think that if there is any such duty, it would be that of the company, the real employer, assuming it's not Donald himself,...
REQUESTS FOR ADMISSIONS: A FEW THOUGHTS
HOW TO DEAL WITH SOME RqAs, SOMETIMES Michael Sean Quinn* Requests for Admissions ("RqAs") are a written discovery device in all jurisdictions. They have a number of uses. Here are some reflections. It is not a complete account of anything. It involves...
DEPOSITION TAKING: HOW NOT TO
RESEMBLANCE AND EXACTITUDE Witness (W) has testified that he had authority from boss/supervisor to do something, some time ago. L asks the following question: Q. Do you remember exactly what he said to you? A. No. Q. Then how do you know that he gave you authority?...
LAWYER CLINTON AND HER EMAIL SCANDAL(?) (EMAILGATE?)
WHAT HAPPENED? WHAT COMEY SAID AND WHAT HE DIDN'T SAY Michael Sean Quinn* Hillary Clinton is a lawyer. ** (See below) What did she know? When did she know it? And how did FBI Director, James B. Comey describe it? (Just as a side-note, one should keep in mind...
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