Law Practice

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 the time you are eighteen, you are not going to the “pros." The same goes for football; if you’re not great when...

Legal Malpractice–Proving Damages In Big Cases–Expert Testimony

Michael Sean Quinn, Ph.D., J.D., Etc. 2630 Exposition Blvd. Suite 115 Austin, TX 78703 Phone: (512) 296-2594 Facsimile: (512) 344-9466 mquinn@msqlaw.com (Resumes on Website: www.michaelseanquinn.com) Complex Oil Well Deals—High Prestige Texas Law Firm Errs...

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...

THE NATURE OF LEGAL AGENCY AND THEREFORE LAWYERS

The RESTATEMENT is as good as any other source. Here is what § 1(1) says: "Agency is the fiduciary relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent by...

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. 

Quinn Quotes

General assertions are like that. Even specific assertions can be like that–situations change.  There is truth in the idea that one cannot look into the same brook twice.  Of course, that idea is ambiguous.~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

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