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.
THE REBUTTABLE PRESUMPTION AND THE LAW OF EVIDENCE
AN OBVIOUS POINT? Michael Sean Quinn* I realized the other day, that there was a simple, and upon momentary reflection, an obvious point about litigation, something I have used in practice for 35 years and about which I have been continually lecturing, writing, and...
LAWYER AS PROFESSIONAL SERVICE PROVIDER
LAWYER AS THERAPIST? Michael Sean Quinn* John G. Balestriere recently published some excellent--or at least mostly excellent--advice: Lawyers "have to be unemotional in our work, but we can't expect that our clients. We serve them better when we remember...
LAWYER DISBARRED FOR SKULDUGGERY
OVERZEALOUS REPRESENTATION *Michael Sean Quinn L represented C. The case was less than perfect. L therefore decided to "impeach" opposing counsel We'll call him "OpL" L knew that OpL was a drinker and knew where he often imbibed. Perhaps he also knew that OpL...
CRIMES JUDGE (SMALL BUT SERIOUS) + SUPPLEMENT (3/16/15)
PARADIGMATIC JUDICIAL UNFITNESS Michael Sean Quinn* Acts demonstrating a judges unfitness to serve, need not be outrageous in the sense of being in the first order of magnitude. Some are quite harmless though in appropriate, e.g., email a mistress while on the bench,...
CRIME BY LAWYER
Client Extortion: Unusual Facts, Strange Result Michael Sean Quinn* Suppose there are two lawyers, L-1 and L-2, and they are in the same law firm. B represents C in a criminal matter. It seems that C has been involved in a drive-by shooting at or near the house of...
ON THE DEFENSE OF DEBTORS
THE JOYS OF DEFENDING DEBTORS, Part I Michael Sean Quinn* Until recently I had never defended a debtor and hadn't done bankruptcy work in many years, though I have done a couple of collection cases, I confess, connected to law firms. (I have consistently advised...
MEGYN KELLY v. DONALD TRUMP
LAWYER MEGYN v. WITNESS DONALD Michael Sean Quinn* Q. Given that you have called at least one woman a "fat pig" and described other women by insulting epithets, why should you of all people be elected President of the USA? Do you really have the right temperament for...
DOG BITE CASE AND JURY QUESTIONS
THREE BITES AND JURY QUESTIONS IN TEXAS Michael Sean Quinn* Suppose the large dog, Ruffian, belonging to A bites B three times in A's front yard, where A and B were having a hostile but peaceful conversation. In other words, the two disagrees and argued they cases....
NUNC PRO TUNC JUDGMENTS, TEXAS STYLE
NUNC PRO TUNC JUDGMENTS: "BETWEEN-NESS" IS ESSENTIAL Michael Sean Quinn* A "nunc pro tunc" ("now for then") judgment is a device for replacing an already existing final judgment after the court has lost its otherwise plenary power over the judgment. A trial...
THE CONCEPT OF “COMPENSATION”
DAMAGES AND COMPENSATION IN CIVIL LITIGATION Michael Sean Quinn* You can't have enough legal education. If you studied damages in law school and if you have been out of law school for more than six months, it's time to go back to the fundamentals. The Supreme Court of...
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