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.
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...
Recent Comments