LAWYER MALPRACTICE CASES
Michael Sean Quinn*
herein as declarative sentences.
lot can be done by tone and facial expression.
did not do the best that a reasonable lawyer would do in this kind of case?
care what the answer is. If L says No, the next question is, “Tell me
how?” If the answer is Yes, stop.
did not do the best you could?
didn’t do all of what a reasonable lawyer in the same or similar case would do,
think you should done.” If Yes, leave it.
investigation of the case was not up to snuff, was it?
ask, “What all did you not do, that you think you should have? What all did you not do, that you think a
reasonable lawyer would have done?”
did not tell you this or that, did she? And so on.
claims file does not report this. It
does not report that.
Yes, the demand is “Show me”.
If No, move to a series of
believe that C does not lie, don’t you?
is Yes, stop. If the answer is I Do Not, ask for a complete list.
entry on the list, ask, “You don’t really know that, do you?”
L says I do, then ask “How?” Ask again for more details about the
believe that C tells the truth, don’t you?
ask for a list—a compete list. Ask
about the empirical basis.
not in your file, is it?
Yes, it’s “Show me.”
leave important stuff out of your file, true?
No, give a list, maybe.
Yes, there a variety of things to
do, and maybe several can be done.
know that all attorneys owe every one of its client’s fiduciary duties, true?
ask for a definition.
did not discharge all of your fiduciary duties to C, did you?
No, stop. If Yes,
think about stopping.
L asks for a definition– “So you don’t know the meaning of the word, do you?”
care what the answer is. It’s clear that
a Yes answer is a wonderful answer. You may want to stop. If it’s No,
ask for a list, and then pursue the empirical foundations of the list.
did not advise your client in a satisfactory way, true?
C says you didn’t advise her as to X, she is lying, true?
was an important issue in the case wasn’t it?
didn’t discuss X with her at all, did you?
don’t care much what the answer is: (1) YES, I DID. (2) GRANTED I DID NOT. (3) I
DON’T REMEMBER, CHECK MY FILE. (4) I DON’T REMEMBER. ONE REASON IS THAT I DON’T
REALLY KEEP THAT SORT OF THING IN MY CLIENT FILE. (5) WHAT DO YOU MEAN BY
of questions are sometimes a bit over done.
Nevertheless, you still often do not care what the answer is. If who get what the witness takes to be a
base hit for him, (1) always consider asking “How?” (2) Also consider specifying some act ina
general way—as a hypo if necessary—and then use a leading question to ask, “Is
it not true that failing to do X is below the standard of care? Or, “Is it not true that doing X is below the
standard of care?
did not take the deposition of Quinn, true?
one did, true or false?
was the expert for the opposite client, true?
said in you interrogatories that you thought you could get
did not succeed, did you?
Motion on this matter was not up to snuff was it?
the judge said that, correct?
did not even spell his name correctly did you?
last name is not “Quine, true?”
middle name is not “Scum,” right?
first name is not “Moncoile,” don’t you agree?
can spell the English language, isn’t that right?
had received Quinn’s report, had you not?
are not an “idiot” are you?
have a degree from the University of Phoenix, do you not?
Canary Islands, don’t you?
so on and so forth?]
would agree, surely that the DRs [Texas Disciplinary Rules] are part of a
manual for competent lawyer work.
would agree that the DR,s are fundamental principles of lawyering morality,
you agree that following the DRs is consistent in every way with providing a
client with a vigorous.
you reject the idea that following the DRs cannot in and of itself constitute
would also agree that the Texas Lawyers Creed is also a set of guidelines or
acceptable practice, wouldn’t you.
the same is true for the ABA Model Rules isn’t is.
Michael Sean Quinn, Ph.D, J.D., Etc.
Quinn & Quinn
2630 Exposition Blvd #115
Austin, Texas 78703
Originally posted on 07/14/2014 @ 5:46 pm