Lawyers Commiting Crimes #1: UPL–An Anthology of Stories Regarding the “Unauthorized Practice of Law”

Can Only Non-Lawyers Commit the Crime of the “Unauthorized Practice of Law”?

Michael Sean Quinn*(See below) 

_________________________________________________________________________________

Not exactly. Some folks who are not lawyers, and never have been, can commit this crime. Some people who have been lawyer, but aren’t at the relevant time licensed lawyers, e.g., because they have been disbarred, can commit this crime. Lawyers can also do it if they are not licensed in a particular jurisdiction. They are equivalent to non-lawyers in those jurisdictions.

________________________________________

1) “L,” a fake-lawyer named “Kim” did estate planning work for 10 years and had a good reputation among other lawyers and clients alike. She even served as president of the county bar.  Unfortunately, if the Pa. AG has it right, Kim had not been to law school; she had not so much as taken the bar (hence, it must be granted that she did not fail it); and she forged her law licence. She has been charged with unauthorized practice of law. 

As crimes go, UPL is not a terribly serious one. (But see below.) Still, one in inclined to think she will not be a member of Pa. bar (or any other) for long. One also might be inclined to think that there is a more serious criminal charge in the offing–one surrounding the forging of the license and the misrepresentations to clients that are thereby nearly triggered.

There is an interesting fact about language in the ABA blog containing this story. Kim’s lawyer is quoted as saying that his client is an “incredibly competence person[,] and she worked very diligently and was devoted to the people she served in the community.”

Of course, one can be a competent person–one competent at personhood–and not be a competent lawyer. But what does it mean to say that someone is “incredibly X”? Literally it means, that someone’s doing X as well as the someone is doing it is not credible. That means it is not worth of belief as it stands, and that means no one should believe it without further evidence of the right sort. Yet we hear jargon involving “‘incredibly’ this or that” used all time meaning meaning nothing more than that something is quite remarkable. This use of that word  is incredible.

*********************
2) I said earlier that UPL is not a very serious crime, as crimes go. Maybe I was being overly general.  In Corpus Christi there was a PI firm belonging to William Bonilla.  It was a money-making outfit but neither Daddy William nor his son David were well regarded.

David got into some real trouble several years ago. Some of the story is roughly this. 

David was convicted of rather more serious stuff, $500,000 theft from 37 clients, but given 10 years probation, to be sure, a light sentence, but then he had repaid the money and was out of the profession.  Dad turned in his license to avoid being disciplined for his son’s “sins.  Two of the conditions on David’s probation were that, (1) while he could work in a law firm, he could not practice law, and (2) no drinking.  (#(1) obviously is the crime of Unauthorized Practice of Law (UPL).) [Does anything about this tend to suggest that there might have been a drinking problem or two in his family?]

David had a son, Clay. Clay worked in William’s firm.  After William, the Dad and Granddad, turned in his license, Clay took over the first, so–I guess–David was working for his son Clay, while he was UPL-ing it.*

Eventually there was a probation revocation hearing (I think that’s what it must have been, from the stand, David confessed to violating both conditions. Off to the slammer for  hardly poor Davey Dad. That was in August 2014. In January 2015, poor David asked that he be placed back on probation–“shock probation”–instead of being kept in prison since going to prison had “shocked him beyond description.” 

In other words, David is asking to be returned to probation since he found prison life so surprising and unpleasant. There are pic of Davey weeping on the stand when describing his shock. 

In a sense, David’s UPL violation, though not actually the criminal charge sent him to prison, if only for a few months. 

*David’s lack of a good nature seems to knew few limits.  In Texas, as in many other states, if the head of a firm should have been aware of the professional misconduct of one of the employees of the firm, e.g., a lawyer or a paralegal, then the head of the firm can have disciplinary problems.  Thus, if Andrew, the managing partner, knows that Zebressa, an associate, is violating the law governing lawyers, and Andrew does nothing about it, Andrew can be hauled up, just as Zebressa can.  But this is what David did to his Dad, who had to end his granted undistinguished career and who might have deserved it anyway, he did also to his son. 

*************

One might wonder whether Texas, and maybe Corpus Christi especially,  has a propensity for breading this sort of thing. In 2009 Mauricio Celis was sentenced to a year in jail and 10 years probation after having been found guilty of 14 counts of UPL charges. In addition, he had to pay $1.35M in restitution. 

Celis claimed that he did not impersonate a lawyer or a public official and never claimed to be one, but he acknowledged that he managed an office that “colitigated” cases with other law firms. Some believe that the reason Celis didn’t get “caught” by the bar for a long time was the way “colitigation” arrangements may work. One of the keys to that kingdom is that whoever “runs” the case, runs away with a fare fraction of the money, though s/he may not actually run the case.

On thing is sure. Celis made oodles of money. He was regarded as a principal contributor to  local policies and to Catholic charities. (This last one raises an interesting philosophical/theological question. If a charity knows that a contributor has acquired his contribution by immoral means, is the charity obligated to refuse the gift? Or give it to the poor once it is discovered? What about if it is only illegal and not really very immoral?)

Celis’s downfall began, apparently, with one of his personal injury lawyers competitors reported him to the state bar and took a public stance by denouncing Celis in a short TV commercial. Some might be inclined to suppose that Celis and Henry competed for some of the same range of business. 

The matter resurfaced again last year.  The well known Northwestern University, located in Evanston, just outside Chicago, has a well known lawschool, and it offers a Master’s Degree in Legal Letters (LLM).  It is mainly for foreigners who want to know something about U.S. law, e.g., because they are in the general counsel’s office of Nigerian Natural Gas and Electric (a fiction entity) and need to know about some of the twists and turns in U.S. commercial law or some of American O & G insurance law. 

Shortly before Celis would have taken his degree, someone squealed to NW and it expelled him as an undesirable. Celis promptly sued the school, but the case was eventually dismissed by agreement. 

Celis never seem to learn. Dan Hinkel, a reporter for the Chicago Tribune, reported there on June 18, 2014 that he spoke to Celis and the man told him “They look at me as being some shyster fakingmy credentials[.] I am a Mexican lawyer.” He said this eventhough he has repeatedly said he is not a lawyer at all, and “I let the lawyers do the lawyering.” 

Michael Sean Quinn

Law Office of Michael Sean Quinn

Quinn and Quinn

1300 West Lynn #208

Austin, Texas 78703

mquinn@msqlaw.com

(Resumes Attached to www.michaelseanquinn.com 

Read More

Insurance and the Unleashing of the Renaissance

Michael Sean Quinn, Ph.D., J.D., c.p.c.u. . . .

The Law Firm of Michael Sean Quinn et

Quinn and Quinn

                                 1300 West Lynn Street, Suite 208

                                             Austin, Texas 78703

                                                 (512) 296-2594

                                            (512) 344-9466 – Fax

                                E-mail:  mquinn@msquinnlaw.com

“Banking Unleashed the Renaissance and the Industrial Revolution and the Modern Age.”

That is what Michael J. Casey and Paul Vigna say in their WSJ piece in the “Review” section of the Saturday-Sunday, January 24-25, 2015. 

No doubt this OpEd piece is a journalistic introduction to their new book THE AGE OF CRYPTOCURRENCY: How Bitcoin and Digital Money Are Challenging the Global Economic Order (St. Martin’s Press, January 2015)

I wonder if their economic-finance history is right.  They say nothing about insurance. Surely it was very important to maritime trading at and before the opening of the Renaissance. Surely it was involved in promoting the Industrial Revolution. 

Read More

Lusitania and Insurance–Introduction– Part I

THE SINKING OF THE
R.M.S. LUSITANIA AND INSURANCE, Part I

Michael Sean Quinn, Ph.D.,
J.D., c.p.c.u. . . .

The Law Firm of Michael Sean Quinn et

Quinn and Quinn

                                 1300 West Lynn Street, Suite 208

                                             Austin,
Texas 78703

                                                 (512)
296-2594

                                            (512)
344-9466 – Fax

                                E-mail:  mquinn@msquinnlaw.com

May 7, 2015 will be the 100th birthday of the sinking of the
cruise liner The Lusitania.  It was one
hell of a big boat, and it was a good deal more elegant both on its inside and
outside than are the many storied cruise boats of our current age.

The ship was on a voyage from New York to Liverpool.  The ship sailed more or less directly NE; when
it got a little past Ireland, it was to turn left; get to the ocean near
Liverpool, and turn right.  The ship was
not zigging and not zagging.  The sinking
happened 12 or so miles off the southern, coast of Ireland, more or less.  There were a large number of fatal casualties,
of which 125+ were Americans. The ship sank approximately 300± feet of water,
where it has resided for the last century.  

It was torpedoed by a German U-Boat, as the result of a change in
German maritime war policy. The one torpedo coming from the U-Boat may have
triggered a second explosion, and especially as a result of that second
explosion, the ship sank very quickly—18± minutes or so. (The second explosion happened,
no doubt; the only question about it is what caused it.)

There is a substantial literature on the disaster—a few books, some
articles, many newspaper stories, and now bunches of stuff on the Internet. As
one might expect some of the literature is excellent; some is respectable; some
is ok; while some is shit, especially the ones deploying the rhetoric of
conspiracy theories and nothing or not much else. Like respectable evidence,
for example. (Here’s an example: Did Winston Churchill arrange the sinking of
the boat—him and his Mason and Jewish buddies?)

 Just as one would expect, the
literature is creeping up, now that the 100th birthday is
approaching. Erik Larson’s DEAD WAKE: THE LAST CROSSING OF THE LUSITANIA   (Crown Publishers, 2015) has been well
reviewed by both NYT, Book Review, Sunday March 8 and WSJ on the previous day. Ir has been a best-seller for several weeks, and had the #1 spot in Sunday NYTs at least twice. A second book was also published recently, though not with the same “buzz”; for example it was not reviewed in the Sunday NYT, and it has not been a best seller. Greg King and Penny Wilson, LUSITANIA; TRIUMPH, TRAGEDY AND THE END OF THE EDWARDIAN AGE (2015). Neither book has anything significant to say about insurance and the King-Wilson book says nothing at all on the subject

One of the most interesting speculations was that the ship was carrying
a good deal of ammunition for the British. That mystery was resolved some years
ago—it was carrying a lot of it–and I will tell a bit of that part of the
story later. A related speculation has been what did the Germans know about
this and when did they come to know it. Finally, there is the more legalistic
controversy about the international law of Germany’s justification for doing
what it did, given what the British were doing about Atlantic shipping. (That speculation
is purely abstract and hyper-academic, since Germany threw in—or what forced to
throw in–the towel on this matter by the Treaty of Versailles.

There has not been a good deal of discussion of insurance—indeed,
hardly any. For example, the ship itself, worth more than 10M, this entity, and I have not been able to locate its
war risk insurance policy (or policies) issued by the Liverpool and London War Risk Insurance Association. Not much is known now about what was known at  that time, nor have I found the actual policy covering
the Lusitania. Nor has much of anyone else;  in fact, one court observed that it was not
provided with a copy of the policy. (Or, maybe it would be better to say that
the court expressed surprise at not receiving it.)

I cannot even find “knock offs” of the policy on any of the many
historical antique auction houses findable on the Net. In contrast, there is at
least one good fragment of an insurance story to be found on the Internet, and
I will share it, as we go along.

I intend to tell the story in short little essays.  Given the character of the tale, I don’t
think there are many who would want it read it all at once. And I will be
telling a couple of stories related to insurance that are not really insurance
or not really an insurance matter closely related to this stunning beautiful
ship.

There is an amount of material available on amounts paid to survivors
and to the relatives of those killed that have inheritance rights.  There is also a good story—although the
evidence is thin—regarding some things one of the passengers had in his
possession that was most assuredly insured, but with respect to which there is
almost no available discussion.

This introductory blog, is now long enough, so I will not tell even one
of the insurance stories.  I will start
in  Part II. It’s a simple case in which
coverage is sought under a life insurance policy. It may say more about the
times than it does about the role of insurance in the “small picture” of the
disaster, and it certainly reveals something about the changing bases of legal
argument in American courts.

The contract of insurance in question was a life insurance  policy on Alfred G. Vanderbilt who was drowned
as a result of the sinking of the ship. I will discuss the case first, and then
say a couple of words about the insured.

Part II will concern the litigation regarding whether the ship owner or some of its employees were negligent and if so whether they caused the disaster. Part II concern an action in the Wreck Commission in Great Britain. Part III is an American version of some of the same issues. Both parts II and III are to be found both in the series of blogs Quinn’s Commentaries on Insurance Law and in the blog Quinn’s Commentaries on Lawyers and Lawyering. 

Part IV concerns two life insurance cases. One of them, Part IV.A, arose out of the Lusitania disaster. Part IV.B arose out of the Pearl Harbor attack. the cases are related.

**********************

                                                                             

It might be worth mentioning in passing that Canard was no stranger when it came to litigation.  In 1909 the Municipal Court of the City of New York, Borough of Manhattan, First District, the court issued an opinion involving the Lusitania, vaguely. It seems that Cyrille Eggermont was booked as a passenger on the Lusitania. Cunard, however, lost his luggage, refused to let him board–(one wonders why)–but booked him on another line, and arrangement Cyrille accepted.  Cyrille sued Canard anyway, even though there was a $25.00 limit on lost bag damages. 

Cyrille lost, but not until after the court made a good deal of fun of his counsel, Cornelius O’Connor. Here is some of what it said: 

“The learned counsel for the plaintiff, in a brief which is verily a literary production, ingeniously, and yet by the invocation of what are undoubtedly elementary principles of law, argues that plaintiff is not bound by the contract of carriage by him entered into with the defendant, that the defendant may not urge the limited liability therein fixed, and the plaintiff is entitled to the full value of the lost trunk. He contends that, when when the defendant refused the plaintiff passage on the Lusitania, it committed a breach of contract, that the plaintiff then had a right to rescind the contract and hold the defendant as bailee, under the common law, for the full value of the trunk and its contents; and that the defendant may not urge the contract which is breached as establishing the limited liability.”

The trouble is, said the judge, that though the principles are unassailable, they do not fit the facts. If Cyrille was going to rescind the contract he had to actually do so.  He could not accept a voyage on a different ship, provided as the defendant’s expense, and then rescind.  

And the court continued: “In eloquent language counsel pictures the hardship which plaintiff, a man of small means, must suffer by limiting the recovery to $25. To this argument can be made only the now trite answer, that there was the contract of the parties, that it is the duty of courts to determine the rights of the parties under the contracts of the parties; that is the duty of the courts to determine the rights of the parties under the contracts which they make, not to make new contracts for them, and to declare the law as they fine it, not to change or strain the law to make it fit a particular hard case.”

Sound familiar? Certainly because of the case itself.  According to WestLawNext, no other case has ever cited it for anything.

Maybe but there is a piece of this case which is not so clear. Cyrille is awarded his $25.00, but from it is deducted $15.00, “the amount of the defendant’s counterclaim.” The counterclaim is $15.00 in costs recovered by Cunard against the plaintiff in a previous action. What’s going on there? Was there some secret reason why Cunard wouldn’t let him on the Lusitania? Hummm.

A post-script (May 11, 20200; I recently saw figures that many more gentlemen from third and second class class perished than did men in first class. 

                                                                             

Read More

PROCRASTINATION FOR LAWYERS: THE TWO TYPES

Structural Procrastination

Michael Sean
Quinn

Law Office of Michael Sean Quinn

Quinn and Quinn

1300 West Lynn #208

Austin, Texas 78703

mquinn@msqlaw.com

(Resumes Attached to Website)

(o) 512-296-2594

(c) 512-656-0503

Frequently,
procrastination is portrayed “in big bold letters,” as it were, as a vice. Some
say, it is a bad thing, always.  “Face up
to what you have to do!”  “Do now what
you’ve agreed—promised–to do! Get off your ass!” “Don’t betray yourself!” “Slobbery
is not virtue.” “Procrastination always multiplies itself.” “Procrastination
always leads to failure!” “Procrastination leads to cocaine use and worse
alcoholism, if for no other reason to conquer the anxiety that goes with it.” “Avoid
being lazy; it will ruin you! Not pressing forward is laziness” “Think like
Edison and/or Ford.” [Or pick other names from the Digital-Cyber Age.] “Procrastination
is inauthentic and a betrayal of your real self. . ., ‘if you have one!’” “Make
overcoming procrastination you first and fundamental project.” “For the sake of
God, don’t put it off.” “Think like Stephen Hawking.”

“No prudent
lawyer ever procrastinates.” “It is really contrary to the spirit, at least, of
the ABA Model Rules and other such Rules, ever to simply put ‘it’/things off.”
“You, a lawyer, are the client’s fiduciary and you must
represent him/her/it zealously, and these four ideas are inconsistent
with procrastination.”

 And on, and then on, and then on and one some
more. (I’ll call this view, “The Negative Critique of Procrastination”: “~P.”) One
hears it even from the pulpit, as if some sin was involved, and the psych
therapist, as well, as if there were a mental disorder . . . something many
would call a “character flaw.”  Some
psychiatrists will give you drugs to fight it. Maybe speed might help.

This philosophy is false.   (I’ll sometimes
call this view “~P.”)

I have
found myself doubtful about ~P. I have spent time driving, for example, considering
whether a crucial historical character Jesus himself always eschewed it. The
story of his Big Three Years is hardly one of postponement.  But what was he doing during the 6 months
before his campaign began? Three years is a short time. If the negative philosophy
contra procrastinatory postponement were true, then should He not have gotten
on the stick early? One does not create a courageous radical spiritual group hauling
wood, chopping it up,  and then putting
it back together again (sort of) as tables, chairs, frames for houses, and so
forth. One can easily imagine J. as carpenter, as discussing the future with
his mother, and as putting his feet on a recently made table, sitting in an old
chair made by his father long ago, leaning back, putting his feet up,  having a sip or two, and  engaging in dialogue his spiritual buddies,
mentors, and teachers. . . .Even reading scripture or rhythmically reciting
scripture to himself (or others), for God only knows what purpose. . . . Or wondering
what it will be like when he actually meets the current radical prophet, John of
the River, and hears a voice thundering, or then again, whispering.   

But
enough! The negative critique (or philosophy regarding of procrastination) ~P
is false.  It will upset you. It will
make you unhappy. It will imprison you and thereby deny you the primary values
of the Modern Age, human dignity and freedom.

Sometimes
some procrastination is a very good thing, even for (and sometimes even
especially for) lawyers, sometimes not, and this important piece of wisdom can
be true for many reasons.   It cannot, of
course always be a good thing.  This is
true for logical reasons. If for every decision, carrying it out was always
procrastinated, then nothing—absolutely nothing professionally—would always get
done, at least some of us. But statutes of limitation or repose are something
to which there must be conformity, a client’s will must be completely prepared
before he croaks or goes stark raving mad, requests for admission must be
answered, often timely, and objections to proposed evidence at trial must be
made right away.

Nevertheless,
sometime, however  procrastination is a very
good thing, even for lawyers.  (I’ll call
this thesis “+P, and when I’m referring to it neutral or undecided, I call it
simply “P.”)

Sometimes
P is +P because it gives one time to reflect. 
Sometimes +P gives relief. Sometimes for reasons one does not know, it
works to make you get more done.  One may
need such time, but not know that one needs it. 
Or P may energize. Or it may let one do something else actually more
important where one does not consciously see that the other thing is more
important.  For the lawyer, it may lead
to fairer billing to clients.  One cannot
charge for periods of procrastination, but there may be important mulling,
pondering, reflections, confusion-reduction and/or intuition-shaping going on.  One may not even know this. Many of my lawyer
friends say that they get their best ideas when they are running, biking,
walking, doing yoga, or whatever.

This
can even happen while one is playing ping pong or playing pool for some other
purpose.   I have often thought that
there might be wisdom in law firms following the Silicon Valley example of
installing various kinds of games around their offices. Consider a ping pong
room with videogames and a card table. (Obviously, the chess table must be
somewhere else.  In the lobby, maybe, for
all to see.)  I wonder if I’m right. Of
course, not all activities fit this possibility. (Not that I am arguing for or
standing for “gamification.” See the 2013 book TO SAVE EVERYTHING, CLICK HERE:
THE FOLLY OF TECHNOLOGICAL SOLUTIONISM by Evgeny Morozov, described by George
Packer in “Change the World,” a piece in the May 27, 2013 NEW YORKER  as the “fierest critic of technological
optimism in America.” (Wikipedia has a short piece on him, and the book was
reviewed “everywhere.”)

The
philosophy of +P has been formulated and defended by the Stanford philosophy
professor emeritus John Perry, a much published author of difficult books on
the philosophy of language and metaphysics. (See Wikipedia if you’re
interested.) He also has a show, “Philosophy Talk” on PBS with a friend of his. (www.philosophytalk.org). 

The book’s title is
THE ART OF PROCRASTINATION: A GUIDE TO EFFECTIVE DAWDLING, LOLLYGAGGING AND
POSTPONEMENT, OR GETTING THINGSS DONE BY PUTTING THEM OFF (2012).  It’s short and an easy read; the title is more
aesthetically arranged on the cook jacket that I have used for citation
purposes, not that it matters, maybe. Ironically, it’s published by Workman
Publishing, WORKMAN.COM. There is a very short version of his main idea to be
fund on the professor’s  personal
webpage, the address of which is to be found on the Wikipedia pages. (How’z
that for completely unnecessary marketing?)

The main ideas of “structural procrastination”
can be summarized briefly:

1.“All procrastinators put off things they
have to do. Structured procrastination is the art of making this negative trait
work for you.  The key idea is that
procrastinating does not mean doing absolutely nothing. Procrastinators seldom
do absolutely anything; they do marginally useful things, such as gardening or
sharpening pencils or making a diagram of how they will reorganize their files
when they get around it.”

Achieving this
attitude, this state of mind, this outlook can be called embracing the
“Philosophy of Structural Procrastination.” Hence the title of this blog. Back
to fundamentals.

2. In structuring procrastination, put off
that which presents itself as of significant importance, but isn’t; and put off
that which presents itself as having be done immediately, right quick, or by a
stated deadline.

This
one requires careful judgment, since measuring significance and timing is not
always easy.  It takes reflection and
thought. Paradoxically, this cannot be postponed. These decisions have to be
made on most things at some early point.

3. Do not submit to (or, fall prey to) the imperatives of
perfectionism. 

It will make you
unhappy, at least because almost none—if not all none, or none whatever—can
ever achieve it. Whatever we do, there is always a better way to have done it.
The philosophy of ~P correlates closely with perfectionism, and the latter
stands in the way of +P. In the words of some philosopher or other: “The world
is what it is and not another thing.”

4. “[S]structured
procrastination requires a certain amount of self-deception, because one is in
effect constantly perpetuating a pyramid scheme on oneself.”

According to
Professor Perry, all talented procrastinators have this skill, usually thought
of as a flaw, and there is a certain nobility in using one flaw to undermine
another, he says. I’m not sure that the following really is a problem with this
view, but it is difficult to see how one can concretely realize that one is
deceiving one’s self and there be a self-deception. Of course this is different
than when one knows that one has a propensity for self-deception, but doesn’t
know at a given time that one is doing it at that moment by means of lying to
oneself about a particular proposition one know to be the opposite of what one
is saying to one’s self. 

          5. If your experiments in
structured procrastination are depressing you, of even it’s plain-ole-injurious
procrastination, cheerful music will cheer you up. [Really. Not like the
old SNL skits.]

I agree whole
heartedly. Mozart works very well, as does a lot of baroque music, my good and
log time friend, Archangelo Corelli, for example, and my distant cousins
Vivaldi and Telemann  are both very
helpful.  Some music doesn’t work,
however. I haven’t found either Wagner or Mahler helpful.  In general, music in a language you
understand may not be helpful. For example, Cole Porter should be helpful, as
should lots of Stephen Sondheim, but, as marvelous as they are, they distract.
(Not exactly like Barack’s description of BiBi’s lecture to congress, but sort
of.)

          6. Defeat the agony of email
volume. “[T]he psychology of the structured procrastinator [can] easily
outwit[] modern technology.” True. And don’t put
if off. Have someone else look at the stuff. Put amazing amounts in the junk
bin. Write back in less than 5 words. And so on.

But there are two
problems with this overall view, and they are of a similar nature. Professor
Perry asserts this:

7. “Procrastinators tend
to finish tasks at the last minute at best, shortly before the
absolute-and-final no-more-extensions deadline for delivery.”

This may be a
greater problem for lawyers than many others, e.g., academics, but it has two
more general problems. First, there is a point in time near the “last minute”
where there must be no more procrast-ing, and one cannot procrastinate in recognizing,
and therefore fearing or experiencing anxiety over that time and its coming.  Second, many of us cannot live with this
extraordinary risk. I know I can’t, much as I’d like to.  I feel a bit of inadequacy and therefore  shame about this: it seems manlier to be able
to do so. Third, I can’t remember what I was going to say here. Maybe it will
come to me.

Some how related to
this point, one wonders if one can pursue or persevere in achieving a goal
during the time that one is procrastinating performing acts to achieve the
goal.  Maybe this is not really a
problem. Professor Perry points out that there is a lot to be said in taking a
big project and cutting it into parts, and focusing first on one and then on
another and then on a different one after that.

Still, perhaps,
paradoxically, Professor Perry’s idea of structured procrastination, an idea I
need and love, contains a flaw in one of its dimensions.  If  you’re going to become a user of structured
procrastination and part of your purpose in adopting this marvelous idea, is to
transcend your procrastinative history, and thereby transform yourself into a happier
being, then, once you have recognized the possibilities, you need to get on the
stick.  Of course, that will take
rethought, emotional review and reformation, and attitudinal changes.  Getting these done will take discipline,
concentration (maybe), and perseverance. 
Thus, a foreseeable termination of ~P and an adoption of +P should not
be postponed by procrastination. But won’t that likely be an instance of ~P,
and if so, will it not be an impediment to forming and embracing +P?

Now, in conclusion, I confess that
I  have procrastinated editing this piece, including formatting and coloration, as long as I  think I can, and, following
the apparently sound professorial advice THE ART OF PROCRASTINATION has provided
me regarding perfectionism, I am going to pass on proof reading this
commentorial note at all. Maybe it’s “good enough,” to the Dr. Perry’s words. (Oh no. Here’s an area where good-enoughness in the legal profession is very different from what it is, even at Stanford, the journal MIND, and publishers like Oxford U.Pr. )

Read More

Lawyers Marketing, Lawyers’ Posts and Blogs, All on the “Internet Age”-Problems of Aging Attorneys, Among Others

WHAT WORKS?

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

The Law Firm of Michael Sean Quinn et

Quinn and Quinn

      1300 West Lynn Street, Suite 208

     Austin, Texas 78703

        (512) 296-2594

       (512) 344-9466 – Fax

           E-mail:  mquinn@msquinnlaw.com

*******************************************************

I decided to enter the world of legal bloggery a little over two years ago. I have been limping along at its edge since then.  In “Quinn’s Commentaries on Lawyers and Lawyering,” I’ve had 16,700+ page views of 150 published pieces, one of them being twice as viewed as the next one down, and the rest of them trailing a bunch behind. (The one I have in Insurance Law is much smaller: 2800 page views for 100 posts. 

I am doing it more or less for the fun of it, for self-education, and from natural inclination. At the same time, I guess, I’ve had marketing in mind. The first three motivations have been immensely satisfying; the forth one, not so much.  Maybe its what I write about, maybe its the the length of some of my pieces, maybe it’s how I write.  

I should stop fretting about it. It too satisfying in other ways. (Of course, I still quaff under the number of hypos–No!No! “typos–I find. Then again I joke from time to time about being the world’s worsst proof reader. 

The electronic marketing weaknesses puzzles me, however.  I have never marketed anything in my entire life, except by being who I have always been publicly. [See the “Long Resume” attached to the website. www.michaelseanquinn.com] Almost every kind of biz activity has simply been handed to me. Well that’s not working any more.  I left a big firm long ago. Etc. So why should it not?  Besides new adventures are important. 

But we now live in the Age of the Internet, so NetTec  ought to solve all my problems of this nature. Bullshit, of course. See Evgeny Morozov’s TO SAVE EVERYTHING, CLICK HERE: THE FOLLY OF TECHNOLOGICAL SOLUTIONISM.  A marvelous title, don’t you think?

I therefore consulted with a local priest on the matter, and she said that the Lord’s silence is an answer to something, and it often means that you are asking the wrong questions of Him. So I said, “Is He telling me that my marketing perplexities were my problem, and I was the one that needed to attend to them?” And then I said, “Is She telling me that she has more important things to worry about?” She, the priestess, said, “Maybe” and “Perhaps.” I don’t know what to make out of this really. After all, she’s only local. 

I have learned several things, however, and these are about what the population of most Internet browsers–note: not boozers–maybe most interested in, and here is the list so far: 

1. Interesting and unusual how-to pieces, e.g., leading questions as deposition question princes.  

2.  Essays denouncing lawyerly locutions, e.g., worn out vocabularies. 

3. Scandal and disbarment involving well known lawyers. Not so much judges, however. 

4. Legal ethics. Not graduate serious, however, since it induces “Glazed Over Eye Syndrome.” Whore as lawyer worked reasonably well, but the piece was too long. 

5. Maybe interesting legal difficulties of celebrities, the Rolling Stones, for example. 

Catchy and rhythmic titles don’t seem to hurt either, e.g., “Peg Legs, Eye Patches, Pirates, and Judges.

My law partner, who is also a Quinn, and someone other than a blood relative, suggests my sense of humor doesn’t go over well sometimes, that my prose is too wordy and complicated, that my blogs are too long, that I write on abstruse subjects, and that my pieces should be differently organized, and that I’m far too academic for the general population. I found all that most encouraging.  Some adventures require antecedent revolutions.

Another friend of mind, and hers for that matter, says “to hell with her primitive and uncreative views.” Well, maybe. The trouble is she is right too many time to do that. 

One thing I won’t do which some have suggested is that I write pieces with titles of the following form: 

“Seven Things You Need to Know In Order to Have Lots of Clients Who are Not Irritable Idiots.” [Instruction: “To be said in may fewer words.”], 
“Four Crucial Facts About the Proper Use of Happy Socks.”, 
“Why Boxer Male Underpants Make Lawyers of Both Sexes and Some Judges More Competent and Happier.” [Same instructions.]
(“Six and 3/4 Propositions You Must Assert in Dealing With a Crazy Boozed-Up Client Who Wants to. . . .” [Instruction: “Fewer words, No so Explicit.]

I WON’T DO IT!!

In any case, I am finding all this very confusing but provocative, both in good ways. I even asked another very successful and avid lawyer-blogger-poster the following questions:  

 “I have never marketed anything of any kind, including legal
services, for as long as I have lived, 70 years, and not legal services since I
have been practicing, 35 years. During much of my life, things have just been
handed to me—one of the seldom mentioned virtues of the large firm.
  I am now starting to market the variety of services already extant and to be found  on
the website, even given my primitive Net knowledge and cyber competence. I even
started two blogs a couple of years ago: “ Quinn’s Commentaries on Lawyers and
Lawyering” (16,700+ page views on 150 posts) and “Quinn’s Commentaries on Insurance Law”
(2500 page views on 100 posts).  Both of them. Pretty skimpy.

 “Now I’m there; arrived at the topic. Have you found your
electronic activities a productive form of marketing?  Has it been
economically efficient? Am I right to guess that the main expense of it is your
time in producing posts, etc.? Do you think that publishing LinkedIn Posts is
 better than worldwide bloggery? What are the best topics for attracting
readers?* Have you found good instructional reading sources?  (If
you think I am seeking advice on how to complete with you, put it out of your
mind. Your practice is much more diverse than anything I am seeking, and we
write very differently.)  [Those were the questions. Now we turn to the “footnotes” that were also included.

 “*In the area of Insurance Law, nothing seems to
attract. In the area of Law and Lawyering potential readers seem to like
how-to stuff, e.g., deposition-taking** and vocabulary to avoid
using in written and oral argument, scandals involving lawyers, legal problems of the rich and
famous, and to a small extent legal ethics.  (Some old chapters I wrote
several years ago for a Bar handout book on legal ethics are getting a little ‘readership,’ if
that can be derived from page view numbers.)

 “**My most popular blog essay ever was on to use
leading questions in depositions and how to succeed in using question to which
you don’t care what the answer is.“Kindly respond, when you get around to it. No hurry. The
wise*** know how to wait for wisdom to arrive.

***Now how arrogant might that have sounded?” 

I found his immediate response very helpful, believed it or not. He treated all the questions as one and said, “I don’t know?” We are also setting up further discussions 

Why did I find his immediate answer satisfying and helpful? The reason is simply. I learned I was not really alone, digital dinosaur that I am.   And I really realized–for the first time, though I have heard it said many times–that success in new ventures can result from experimental innovation. 

Like this blog maybe? Some more maybe? As you spend your nothing-else-to-do time looking round my blogs, check the “Aging Lawyers” marked.

Read More

Quinn Quotes

Asserting a proposition one believes in a certain situation and asserting its opposition in a substantively different situation, is not necessarily inconsistent. Neither one, taken alone or together, entails advocacy.~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

The books shown are NOT affiliate links.
MSQ (site) does not receive any compensation for books listed or sold.
Books are shown for the reader's convenience only.

Newsletter

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