Law Practice

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 THREE

This entry is part 2 of 3 in the series LAWYERS AND LIES

LAWYERS AND LIES: PART TWO

This entry is part 3 of 3 in the series LAWYERS AND LIES

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...

Problems of Judges: Criminal–Performance & Victim

Judicial Poison An Ohio judge, 72 years old, was poisoned by his wife. She used antifreeze that she poured into his drink. The marriage has lasted 45 years up until then. She did it as a device to secure medical treatment for him, not just for the...

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. 

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Quinn Quotes

Truth is not a relative (or relativistic) concept. Factual propositions are true; they are false; they are too vague to have a true value, or their true value has not been determined. We don’t know, or we do not know yet, is a permissible answer to a question, so long as it is true. It is not always the case that false propositions must be apparently false. Sometimes a false proposition can look true. And vice versa. ~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